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Compensation

When the person responsible for the crime against you is convicted, you may be able to apply to the court sentencing the offender for a compensation or restitution order.

The application can be made:

  • by you or the prosecutor
  • at the time the offender is sentenced
  • up to 12 months after the date of sentencing.

Reparation orders

A reparation order could be either of the following:

  • Compensation Order - where an offender makes a compensation payment to the victim of the crime for loss of, or damage to, property and expense reasonably incurred
  • Restitution Order - requiring that property is returned to the victim.

In both instances, the person who sought the order is responsible for enforcing the order. If the offender does not comply, civil action should be taken through the court.

A Reparation Order is additional to, and not part of, the sentence imposed on an offender. It may be made by a court on its own initiative, or following an application from a victim or the prosecutor.

A court cannot make a Compensation Order if it believes that:

  • the offender could not comply with the order due to insufficient means
  • paying the compensation would unduly prejudice the welfare of the offender's dependants.

Even if a Reparation Order is made, a victim can still take civil action against the offender for loss, injury or damage suffered and apply for compensation under the Criminal Injuries Compensation Act.

Payment of compensation cannot be made a condition of a community-based order or an intensive supervision order.

If a compensation or restitution order is made in your favour, you may still:

  • make a claim for Criminal Injuries Compensation
  • pursue a common law claim.

Appealing a decision

You can appeal a decision not to make a Compensation or Restitution Order.

If the decision was made in the Magistrates Court, you have 28 days from the date of the decision to appeal.

If the decision was made in the District or Supreme Court, you have 21 days from the date of the decision to appeal.

Contact your nearest court  for more details

Last updated: 18-Feb-2013

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