Media Release
For immediate release 8:00 a.m. (AEDT) Tuesday 13 March 2018
A paper released today invites Victorians to consider whether compensation to victims should become part of an offender’s sentence and how the enforcement of compensation orders could be improved.
Following a recommendation of the Victorian Law Reform Commission, the Sentencing Advisory Council was asked to advise the Attorney-General on whether restitution and compensation orders, currently imposed in addition to the sentence (punishment) imposed on an offender, should become sentencing orders.
The Council’s research shows that the number of restitution and compensation orders that are ultimately paid by offenders is very low and enforcement actions are rarely pursued. Across all Victorian courts, only 0% to 2% of restitution and compensation orders had enforcement actions recorded against them. Many offenders do not have the financial resources to pay the orders. In addition, under the current system, if an offender does not pay an order for restitution or compensation, the victim has to initiate and pay for enforcement of the order in a separate civil legal action. This can be costly and difficult for victims.
If the orders were sentencing orders, they could be enforced like a fine, but making them sentencing orders raises a number of issues, such as equality before the law, for example, if one offender were to receive a lesser sentence than another because they could afford to pay compensation.
Even if the orders do not become sentencing orders, there may be ways to improve their enforcement.
Restitution and Compensation Orders Issues and Options Paper forms the basis of the Council’s consultation and community engagement. The paper contains:
- an overview of the current Victorian system for restitution and compensation orders, as well as the current enforcement rates for these orders;
- a discussion of the purposes of sentencing, and whether they should be extended to include victims’ financial compensation;
- an examination of how offender-paid compensation works in other Australian jurisdictions and overseas, including data on enforcement rates in jurisdictions that treat these orders as sentencing orders; and
- a discussion of possible options for reform, including whether offender-paid compensation should become part of sentencing, and avenues for the improved enforcement of the orders.
The issues and options paper is intended to generate discussion and inform community input for the Council’s final advice to the Attorney-General, due in September 2018. Organisations and members of the community are invited to read the paper, and to have their say by making a submission to the Council. Submissions can be made in writing or via an online form available on the Council’s website.
Council Chair Emeritus Professor Arie Freiberg said, ‘Our final report will contain advice to government on reforms to improve practical outcomes for victims. We encourage everyone concerned by these issues to read the issues and options paper and make a submission.’
Terms
Offender-paid compensation: A financial payment ordered under the Sentencing Act 1991 (Vic) to compensate a victim for a crime, to be paid by the offender.
Restitution: An order to return to the victim their stolen property, or money from the sale of their stolen property.
Compensation: An order for payment of money to compensate the victim for pain, suffering, property loss, damage or expenses incurred as a result of an offence.
