Victims restitution payments

If you have received a provisional order for restitution from Victims Services, and you want to have the ordered amount reduced or dismissed:

1. Lodge a written objection with Victims Services within 28 days from the day you received the order (s 62 Victims Rights and Support Act 2013)
2. If your objection is dismissed, or you have not received a decision within 90 days, you can apply to NCAT for an administrative review of the decision.

You can either present your own case to NCAT or have a lawyer or non-lawyer agent represent you. You will usually need to attend the hearing to give your instructions to your lawyer or agent.

• Your lawyer or agent needs to complete a Notice of Representation  and submit to NCAT in person or by post
• Send a copy of the Notice of Representation to the Victims Services.

A non-lawyer agent needs to ask for permission to represent you from the Tribunal Member the next time the case is listed. You should attend with the agent in case NCAT does not allow the agent to appear for you. A lawyer does not need to ask for permission from the Member.

You will need to include the following information on your application form:

• Your name, address and telephone number
• Date when the provisional order was made
• Date of the Commissioner’s determination about your objection (if applicable)
• Copy of the provisional order and the Comissioner's determination (if applicable)
• A brief ouline of why you think the order is wrong.

An order for restitution cannot be enforced until NCAT decides the application. This mean you do not need to apply for a stay when you lodge your administrative review.

You will receive a letter from NCAT telling you that your application has been received. You will be given a date for a directions hearing.

You will also receive documents from Victims Services that it considers are relevant to the decision.

The purpose of a directions hearing is to agree on what the parties need to do to prepare the case for hearing. 

Normally you will be given a timetable to file your submissions and evidence with NCAT and provide a copy to Victims Services.

Look through the documents that Victims Services has provided to you and decide what further information NCAT will need when hearing your case.

Comply with the directions made at the directions hearing:

• You may have been asked to file and serve a statement or affidavit from yourself or other witnesses. Learn more about evidence and witnesses.
• You must give a copy of any statements or other documents you want to rely on to NCAT and to the other party by the deadline given to you at the directions hearing.

NCAT's hearings are less formal than court hearings. In most cases, the application will be heard by a single Tribunal Member.

When the Tribunal reviews administrative decisions about victims restitution payments, Victims Services will usually give its evidence first. After Victims services has given its evidence, the applicant will present their evidence.

The victim of the relevant offence which gave rise to the restitution order can give evidence or produce documents but they cannot be made to do so. 

In some cases, the Tribunal Member will be able to give you their decision at the end of the hearing. The Member will usually need time to consider the case and will give their decision at a later date. You will usually receive the decision in less than 3 months. Complex matters may take longer.

The decision may also be available on the NSW Caselaw website. You will be notified by phone before the reasons are published.

Costs

Costs cannot be awarded for proceedings about an administrative review of a decision under the Victims Rights and Support Act 2013 (cl 13, Sch 3 to the Civil and Administrative Tribunal Act 2013).

Right of appeal

If you are not satisfied with NCAT's decision may have the right of appeal to the Appeal Panel, if you can establish that the Tribunal went wrong either in the procedure it followed, or the way it applied the law to the facts of your case. Learn more about appeals.

In some instances there is also a right of appeal to the NSW Supreme Court. If you are not sure of your appeal rights you should seek legal advice.​