Step by step guide – Applying for a review at NCAT

If you objected to a restitution order, you can apply for a review with NCAT within:

• 60 days from the date of the decision made by Victims Services, or
• 90 days of filing the objection, if a decision was not made by Victims Services.

You will need two forms: 

• Administrative review application
• Application for stay or interim order

You can get copies of these forms from:

• your nearest NCAT registry, or
• the Administrative and Equal Opportunity Division forms page on the NCAT website.

Before you start your application, you should get all your supporting documents you want to attach to your application. Depending on the reasons for your application, this may include a copy of:

• your payslip
• bank statement
• medical report.

You will need to include the following information in the Administrative review application:

• your full name, address and telephone number 
• the date when the order for restitution was made
• the date of the decision made by Victims Services in response to your objection
• a copy of the notice of determination made by Victims Services
• a brief outline of why you think the decision is wrong and what you are seeking from NCAT.

Instructions: Administrative review application 

Sample: Administrative review application

If you don’t want Victims Services to enforce their decision while you are waiting for a review by NCAT, you should also fill out an Application for stay or interim order form.

You will need to include the following information in the form:

• your full name as the applicant
• Victims Services as the respondent
• the orders you are seeking from NCAT. For example, “a stay of an order for restitution until NCAT determines the administrative review application”
• the reasons (grounds) for the application. For example, “financial hardship”.

You will need to sign and date the form. 

Instructions: Application for stay or interim order

Sample: Application for stay or interim order 

An order for restitution can’t be enforced until NCAT decides the application. This means you may not need to file an application for a stay or interim order when you file your administrative review application form.

You can file the completed forms by post or in person at an NCAT registry.

You can file your application by posting it to:

 NCAT 
Administrative and Equal Opportunity Division  
PO BOX K1026
Haymarket NSW 1240

If you want to file it in person, see Contact us on the NCAT website to find the nearest registry.

You will have to pay a filing fee at the time of filing your application. 

For more information, see Fees at NCAT on the NCAT website.  

NCAT will send you a letter confirming they have received your application. The letter will include a date and time for you to attend the directions hearing. 

Victims Services may also send you documents that they think are relevant to their decision.

You can represent yourself or pay for a private lawyer to represent you.  

You can attend the directions hearing in person or by phone. 

If you want to attend by phone, you must send an email to NCAT before the date of the directions hearing. You should explain why you can’t attend in person and ask for permission to attend by phone. 

If you are attending the directions hearing in person, you should arrive at least 30 minutes early to find the room where your case will be heard. Switch off your mobile phone, take a seat in the room and wait until your name is called.

A representative of Victims Services will also attend the directions hearing.

At the directions hearing, the Tribunal Member will:

• explain to the parties how the application will be resolved 
• give directions for you to provide evidence and submissions that you want to rely on at the hearing
• give a date and time for a hearing, and a date when you must file all your evidence. Write down the date and time. 

If you don’t understand the directions, ask the Tribunal Member to explain it to you.

When speaking to the Tribunal Member, you should call them by their name, for example “Mr Smith” or “Ms Smith”.  

You must file your evidence and submissions and send a copy of it to Victims Services by the date that was given to you at the directions hearing.

You will also receive evidence and submissions that Victims Services want to rely on at the hearing. Make sure you read though the documents.

When preparing your own evidence and submissions, you should think about the type of information you would like NCAT to consider in your application and the submissions you want to make. 

For more information on writing an affidavit or statement, see Evidence and witnesses on the NCAT website. 

You should have three copies. File one copy with NCAT, send a copy to Victims Services and keep a copy for yourself.

You must file all your evidence and submissions by the due date. NCAT may not allow you to produce new evidence at the hearing. 

Remember to take a copy of all your evidence and submissions with you to the hearing.

It’s a good idea to attend the hearing in person, if you can. If you are unable to attend in person, you must send an email to NCAT before the hearing date and ask for permission to attend by phone.

If you are attending the hearing in person, you should arrive at least 30 minutes early to find the room where your case will be heard. Switch off your mobile phone, take a seat in the room and wait until your name is called.

Victims Services will present their evidence first. This means they would provide all the information they want NCAT to consider. 

You will also have an opportunity to present your evidence at the hearing.  

The Tribunal Member will ask you some questions about your application. Listen carefully. You should be prepared to answer these questions and discuss the evidence you provided.

During the hearing NCAT will consider the evidence from Victims Services and you. The role of NCAT is to consider whether Victims Services made the correct decision.

The Tribunal Member will consider:

• if you can afford to pay the restitution amount, or if it should be reduced
• if you are responsible for the entire amount of an order for restitution or if there was more than one offender for the relevant offence  
• if an order for restitution was issued for a relevant offence
• if the victim applied for a Victim’s Support payment within the time limit
• if Victims Services made an order for restitution within the time limit
• if you lodged an objection with Victims Services. 

Depending on your case, the Tribunal Member will either give you their decision at the end of the hearing or at a later date.

The Tribunal Member at NCAT can: 

• confirm the original decision by Victims Services is correct 
• change the decision of Victims Services completely or part of it
• replace the decision of Victims Services, or 
• order Victims Services to reconsider the decision. 

For more information, see Victims restitution payments on the NCAT website.

In some circumstances, you may be able to:

• apply for an internal appeal at NCAT
• ask NCAT to reinstate your case
• set aside or vary the decision.

For more information, see After the decision.