Court orders for compensation and restitution

This information will help you to understand about compensation, reparation and restitution. It explains about: 

  • Paying a fine to the victim
  • Reparation orders, which can be:
    • restitution orders, or
    • compensation orders.

What happens if a court orders that my fine be paid to a victim?

If you have been found guilty of an offence and the court ordered that the fine be paid to the victim, you pay the fine to the court. The court then pays the victim.

What is a reparation order?

There are two sorts of reparation orders that can be made by a criminal court: 

  • restitution orders.
  • compensation orders.
What is a restitution order?

A restitution order makes an order that property be returned to the victim. It is usually the police who return it to the victim. 

What is a compensation order?

A compensation order orders that an amount of money be paid to the victim for: 

  • loss of or damage to their property, and 
  • any reasonable expenses.

 A compensation order can be enforced as a judgment debt through the appropriate court.  It is the responsibility of the victim to follow up to enforce this order.

Can I make an application for compensation under the Criminal Injuries Compensation Act 2003 (WA) for being injured even though I have been awarded compensation by a criminal court?

If a compensation or restitution order is made in your favour you may still:

  • make a claim for criminal injuries compensation 
  • pursue a common law claim through the courts.

How is a reparation order made?

The court can decide to make a reparation order without any application. 

A victim of an offence or a prosecutor can apply for a reparation order to be made by the court.

An application for an order can be made:

  • orally or in writing (using an approved form available from the court) when the offender is being sentenced, or
  • in writing (using an approved form) within 12 months after the date the offender was sentenced.


Reviewed: 6 April 2018


The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.