Keep a New South Wales restitution figure out of the victim's civil damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the order or restitution document, list the amount, who it is payable to, and whether anything has been paid to the victim. Do not deduct it from the civil claim.
- What the lawyer must review
- Do not enter a restitution figure as money the victim has received
- Do not look for a sentencing order that the offender pay the victim. The opened pages do not set one out.
- Treat money from another source as a possible reason to reduce victims support. That is a different figure.
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales restitution, kept separate from a civil assault claim
Produce. A labelled figure for any restitution order, and a separate line for any money the victim has actually received.
Have ready. The restitution document; Any receipt by the victim; The recognition-payment page, if a scheme reduction is also in issue.
Example of the limit. Illustrative example: The State seeks $5,000 from the offender, and the victim has received nothing. The list shows $5,000 as a State recovery and zero as a victim receipt. It does not subtract $5,000 from the civil claim.
Stop and hand it back when
- The document might be an order in the victim's favour and has not been read.
- A scheme reduction and a civil deduction are being treated as the same sum.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the order or restitution document, list the amount, who it is payable to, and whether anything has been paid to the victim. Do not deduct it from the civil claim. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The opened pages do not set out a sentencing-court order that the offender pay personal-injury compensation to the victim.
- They do set out a restitution order against a defendant, which NCAT may review after the defendant lodges a written objection. That figure is money the State seeks from the offender.
- Do not enter it as money the victim has received, and do not deduct it from the civil claim on the strength of those pages.
- The recognition page is a different point. It says money the applicant has received from another source, including insurance, can be a reason to reduce victims support. List that receipt separately if the lawyer marks it.
Sources
- NCAT: Victims recognition payments or restitution orders · 2026-10-23
- NSW Government: Recognition payment · 2026-10-23
If a document is in fact an order in the victim's favour, stop and have the lawyer read it. Do not force it into the restitution label.
Procedural Direction 7 allows an index and a summary. This list is not a submission and is not filed.
Health and payment records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).