---
title: "Keep a New South Wales restitution figure out of the victim's civil damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/bring-a-sentencing-court-compensation-order-into-the-civil-damages-figur/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-VC20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Keep a New South Wales restitution figure out of the victim's civil damages

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/bring-a-sentencing-court-compensation-order-into-the-civil-damages-figur/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | New South Wales |
| Applies to | [Bring a sentencing-court compensation order into the civil damages figures](https://ailawframework.com/practice/personal-injury-and-compensation/bring-a-sentencing-court-compensation-order-into-the-civil-damages-figur.md) |

## Checking plan

**Verify against sources**

The lawyer decides what, if anything, is brought to account. The tool labels the restitution figure and does not deduct it.

- What the AI does: 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 does: Decide whether any amount the victim has received is brought to account.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The opened pages do not set out a sentencing-court order that the offender pay personal-injury compensation to the victim.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: New South Wales restitution, kept separate from a civil assault claim

**Deliverable**: A labelled figure for any restitution order, and a separate line for any money the victim has actually received.

**Inputs**

- The restitution document
- Any receipt by the victim
- The recognition-payment page, if a scheme reduction is also in issue

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [NCAT: Victims recognition payments or restitution orders](https://ncat.nsw.gov.au/case-types/administrative-review-and-regulation/victims-recognition-or-restitution-payments.html) (checked 2026-10-23)
- [NSW Government: Recognition payment](https://www.nsw.gov.au/legal-and-justice/information-for-victims-of-crime/victims-support-scheme/recognition-payment) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*