Restitution Orders (Qld)

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. This page deals with restitution orders in Queensland.

Legislation

Restitution and compensation orders are governed by Division 4 of the Penalties and Sentences Act 1992.

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.

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.  

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.  

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.

In a case where it is appropriate to sentence a person to imprisonment as well as making an order for compensation or restitution, it may be inappropriate to make both of these orders unless there is reason to believe that the offender will be in a financial position to pay restitution or compensation after their release form prison.

Restitution and young offenders

A restitution order will not generally be made against an offender who is under 18 unless there is reason to believe they have the capacity to pay. If a young person is not employed, it is considered unreasonable to require them to pay restitution or compensation. However, in some cases, it has been found to be appropriate for the guardians of a young person to pay restitution to the victims of an offence committed by the youth.

Failure to comply with order

If a person does not comply with a restitution order, they may incur further penalties including imprisonment. A person may also be resentenced for the offences if they do not comply with the restitution order.

A person may be imprisoned for failing to comply with a restitution order for a period of up to 12 months (if the offence was an indictable offence) or for up to six months (if the offence was a summary offence).

SPER

Like other financial penalties, an order for restitution may be referred to the State Penalties Enforcement Registry (SPER). The offence can arrange payment with SPER – for example, through a payment plan. SPER will then  

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