Victims of Crime

Have you been a victim of crime?

Unfortunately in our modern society crime is likely to affect you at some time in your life.

A victim of crime is a person who has suffered physical or emotional injury, or financial loss as a result of a criminal offence. These include violent attacks, sexual assaults, robbery, domestic violence and homicide.   

Witnesses to a crime or family members of a person killed are also considered victims of crime as they can also be affected by the trauma caused by a criminal act. 

The effects of crime can produce many different feelings for you, your family, friends and your community.

People who are injured as a result of a violent crime may apply for compensation at the Victims Compensation Tribunal.

Time limits of 2 years generally apply to applications for Victims Compensation from the date of the act of violence or the last act of violence. However in matters such as domestic violence and sexual assault the Tribunal has expressed a willingness to grant extensions. 

Contact our office for information as to whether you qualify to make an application for Victims Compensation. Our team has extensive experience in criminal matters and can advice you of your rights.

For enquiries, please contact our office on admin@morelaw.com.au.

Provisional Order for Restitution

Restitution Order Made Under the Victims Support and Rehabilitation Act

If a Court has found you guilty of an offence involving violence that has resulted in a person being injured, you may be liable to pay restitution. Victims Services may request you pay restitution to them if the victim of the crime you were convicted of has received an award of compensation from the Victims Compensation Fund.

Even if you have not been convicted of the offence but your can be guilt proven pursuant to Section 10 of the Crimes (Sentencing Procedure) Act, you may be liable. The amount awarded to a victim is guided by a schedule contained in the Victims Support and Rehabilitation Act but is determined by an assessor at Victims Services. The maximum liability is $50,000.

Provisional Order for Restitution

If a provisional order is made against you, Victims Services will send you a Provisional Order for Restitution. This will include documents such as explanatory papers, details of the date that compensation was awarded to the victim, the amount paid and the facts upon which the decision to pay compensation to the victim was made.

If you wish to object to the Order, you should ensure that you lodge a Notice of Objection to a Provisional Order for Restitution within 28 days. Failure to do so may result in the Provisional Order being confirmed as a Judgment Debt enforceable against you.  Your objection must comply with the rules and identify the relevant grounds of your objection.

Do I Need Legal Representation?

You can represent yourself, however the applicable rules can be confusing if you do not understand the law. By not completing your objection in line with the appropriate rules and applicable law you may lessen your chances of having your objection determined in your favour.

The team at Morelaw Solicitors and Barristers have extensive experience in all facets of criminal defence work. We have experience in objecting to the Provisional Order and preventing a Final Order being made in the original amount sought at a Tribunal hearing.

Our team will ensure that the correct information is set out in the Notice of Objection and prepare your case for a Restitution Hearing in the event that a negotiated outcome cannot be achieved to the satisfaction of all parties. We have a 99% success rate in achieving substantial reductions to the original amount sought through negotiations with Victims Services. We have achieved reductions as much as 90% from the original amount sought for our clients.

If you cannot afford to pay the amount of restitution sought we will explain to you the options available for making payment of any Final Order – including interest free monthly payments or even deductions from Centrelink if you are unemployed.

We are in Newcastle but the Tribunal is at Parramatta

The Tribunal sits at Parramatta in Sydney only.  

With Morelaw being in Newcastle, this means you can meet with us locally to discuss your matter in person without the need to travel to Sydney to speak to a solicitor. If we need to travel to Parramatta to negotiate your matter we are prepared to so.

Contact Morelaw, one of the most experienced Criminal Law firms in Newcastle, for advice in these matters.

For enquiries, please contact Christopher O'Brien on chris@morelaw.com.au.