Restitution Orders (Qld)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

In Queensland, when a court sentences an offender in relation to property offences, it may order them to pay restitution or compensation. This means that the offender must pay a specified amount of money to reimburse the victim for the value of the property that was lost or damaged. Restitution orders serve as an important mechanism for ensuring victims receive compensation while holding offenders accountable for their actions. These orders can be applied to various criminal offences involving property damage, theft, fraud, or other financial losses. Understanding how restitution orders work is crucial for both victims seeking compensation and offenders facing potential financial penalties. This page deals with restitution orders in Queensland and provides comprehensive information about the legal framework governing these orders.

Legislation

Restitution and compensation orders are governed by Division 4 of the Penalties and Sentences Act 1992. This legislation provides the legal framework for courts to impose financial penalties on offenders to compensate victims for losses suffered as a result of criminal activity.

Key Legislative Provisions

The primary sections dealing with restitution orders include sections 35-39 of the Penalties and Sentences Act 1992. These provisions outline the circumstances in which restitution orders can be made, the factors courts must consider, and the enforcement mechanisms available. The legislation ensures that victims have access to compensation while maintaining fairness in the criminal justice process.

When can a restitution order be made?

An order for restitution or compensation is made at the time of sentencing. It may be made regardless of whether the court has recorded a conviction for the offence. It may be made alone or as a condition of a community-based order. The timing of these orders is crucial as they form part of the overall sentencing package imposed by the court.

Circumstances for Making Orders

Courts can make restitution orders in various circumstances, including property damage, theft, fraud, embezzlement, and other offences resulting in financial loss to victims. The order can be made even when the offender receives a non-custodial sentence or when the court exercises discretion not to record a conviction. This flexibility ensures that victims can receive compensation regardless of the specific sentencing outcome.

Court Considerations

When determining whether to make a restitution order, courts consider factors such as the offender's financial capacity, the extent of the victim's loss, the offender's circumstances, and the appropriateness of the order in the context of the overall sentence. Courts must balance the need to compensate victims with the offender's ability to pay.

Restitution vs compensation

A restitution order is made to restore a person to the position they were in before the offence. This may be through paying the cost of property damaged or destroyed or the value of property stolen. It is made in favour of a person who suffered a loss as a direct result of an offence.

A compensation order is made to provide relief to a person who has suffered a loss or injury in relation to an offence. They may be the person who was directly affected, or a person who was indirectly affected.

Scope of Each Order Type

Restitution orders typically focus on tangible losses and aim to return victims to their pre-offence financial position. Compensation orders have a broader scope and may include intangible losses, emotional distress, or consequential damages. Understanding this distinction is important for victims seeking appropriate remedies and for legal practitioners advising clients.

What does a restitution order state?

Under section 36, a restitution order may state how much money is to be paid, who is to be paid to, and when it must be paid by. It may also state what is to happen if the order is not complied with – for example, if the offender is to be imprisoned if they do not pay restitution.

Essential Elements of Orders

A properly drafted restitution order must clearly specify the amount to be paid, the recipient of the payment, payment terms and deadlines, and consequences for non-compliance. Courts may also include provisions for payment plans or instalments, particularly when dealing with substantial amounts or offenders with limited financial resources.

Payment Terms and Conditions

Restitution orders can include flexible payment arrangements, such as lump sum payments, instalment plans, or payments linked to the offender's employment status. Courts may also specify interest rates, review dates, and modification procedures to ensure orders remain practical and enforceable.

Types of Offences Covered

Restitution orders can be made for various criminal offences that result in financial loss to victims. Property offences such as theft, burglary, vandalism, and criminal damage commonly attract restitution orders. Fraud offences, including credit card fraud, identity theft, and embezzlement, are also frequently subject to restitution requirements.

Property Crimes

Property crimes encompass theft, breaking and entering, unlawful damage, and arson. In these cases, restitution orders typically cover the value of stolen items, repair costs for damaged property, or replacement costs when items cannot be recovered or repaired. Courts assess the market value at the time of the offence to determine appropriate compensation amounts.

Financial Crimes

Financial crimes including fraud, forgery, and misappropriation often involve complex calculations for restitution orders. These may include direct financial losses, consequential damages, and sometimes interest or lost investment returns. Courts may require detailed financial evidence to determine the full extent of victim losses.

Calculating Restitution Amounts

Determining the appropriate amount for restitution orders requires careful assessment of victim losses. Courts consider direct financial losses, property damage costs, replacement values, and any consequential expenses directly attributable to the criminal conduct. Expert evidence may be required for complex valuations or specialized property assessments.

Valuation Methods

Courts use various methods to value losses, including market value assessments, professional appraisals, receipts and invoices, and expert testimony. For damaged property, courts may order payment for repair costs or replacement value, whichever is lower. For stolen items, current market value at the time of the offence is typically used.

Evidence Requirements

Victims must provide adequate evidence of their losses through documentation such as receipts, invoices, insurance assessments, or professional valuations. Photos of damage, witness statements, and expert reports may also be required to establish the extent of losses and support restitution claims.

Restitution and other orders

Under section 14, where an offender does not have capacity to pay both a fine and a compensation order, the court must give preference to making a compensation order.

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