The Commissioner of Victims Rights (the ‘Commissioner’) may make a provisional order for restitution for the financial support that was paid from the Victims Support Fund to a victim of crime, recoverable from a person found guilty of the crime that gave rise to the payment of financial support. See section 59 Victims Rights and Support Act 2013 (NSW) (the ‘Act’).
When a restitution order is confirmed, the Commissioner may give a debt notice to the person against whom the restitution order is made, specifying the amount that is required to be paid and the due date for payment (see section 70B of the Act).
If the amount payable under the notice is not paid by the due date then the notice will be referred to the Commissioner for Fines Administration under the Fines Act 1996.
Any restitution order that is referred to the Commissioner for Fines Administration can then be enforced as a charge under the Fines Act 1996 against the land (see section 71 of the Act).
The Commissioner for Fines Administration may lodge a Request form 11R to register the order accompanied by a copy of the order. The Request does not require marking by Revenue NSW.
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
A charge under the Victims Rights and Support Act 2013 may be cancelled by lodgment of a Request form 11R. The Request must be executed by:
- the Commissioner for Fines Administration or
- the Commissioner of Victims Rights or
- the registered proprietor accompanied by evidence that the charge has been cancelled by the Commissioner for Fines Administration.
The Request for cancellation does not require marking by Revenue NSW.
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer all cases to Legal through the Senior Examining Officer.
Registration Procedure
On direction from Legal that charge can be registered.
PRIME CODE CH
DETAILS Victims Rights and Support Act 2013
Publication Date: March 2024