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Criminal compensation order

Information about asking for a criminal compensation order.

Who can apply?

A criminal compensation order is a court order that requires the offender to pay you compensation if you have suffered an injury or loss as a direct result of their offence.

You may be able to apply for a criminal compensation order if you suffered injury or loss because of:

  • the offence for which the offender was convicted, or
  • a further offence that the court considered when sentencing the offender.

Immediate family members of a person killed by an offence are also eligible for compensation.

Injury means actual bodily harm, grievous bodily harm or psychological or psychiatric harm. It does not include injury arising from loss or damage to property.

How to apply

You can ask for a criminal compensation order by:

  • speaking to the police prosecutor
  • applying to the court.

A criminal compensation order can't be made after the offender has been sentenced. You must speak to the Prosecutor before the case is finished.

You may have to give evidence of your loss, for example, receipts showing repairs to property, or medical bills showing treatment that you paid for.

When the court can make an order

The court can make an order for compensation after it convicts the offender of an offence. A conviction is where the court finds the offender guilty of the offence and:

  • a conviction is recorded on the offender’s criminal record and the offender is sentenced by the court, or
  • the court dismisses the charges against the offender and no conviction is recorded on the offender’s criminal record.

An offence includes:

  • the offence for which the offender is convicted, or
  • a related offence.

Two offences are related if:

  • the offender committed both offences
  • and they were committed at approximately the same time, or
  • were related for any other reason.

Related offences can include what are called further offences. Further offences are offences for which the offender was charged but not convicted. The court can consider further offences when sentencing the offender.

An offence is not related if it is committed after an order for compensation is made.

The court can make an order for compensation:

  • by itself, or
  • after receiving an application by or on your behalf.

The court can’t make a compensation order for:

What the court will consider

When deciding whether to make an order, and the amount of compensation the offender must pay, the court must consider:

  • whether your behaviour, attitude or disposition directly or indirectly contributed to the injury or loss you suffered. The court can look at your criminal record when considering this
  • any amount that you have received, or are entitled to receive, in a civil claim for damages
  • any other matters the court thinks are relevant.

Maximum amount of compensation

NSW offences

For offences committed under NSW law, the court can award up to $50,000. This can include a single order made against one offender, or multiple orders made against different offenders convicted of the same or related offences.

The court can order that this amount be paid to a single victim or split between multiple victims however the court decides.

The maximum amount of compensation the court can order for loss is $100,000. This is the maximum amount that a court can order in a civil claim for damages.

The court can’t make a compensation order for economic loss if financial support is available under the Victims Support Scheme.

Commonwealth offences

The is no limit on the amount of compensation a court can order for Commonwealth offences.

Payment

If a court makes a criminal compensation order, the offender must pay the amount:

  • immediately, or
  • within the period of time ordered by the court.

This is usually within 28 days.

Generally, the offender pays the money directly to the court registry. The court registry will then send the money to you by an electronic funds transfer (EFT).

If the offender can’t pay the order by the due date, they can apply to pay by instalments or ask for an extension of time. 

Enforcing an order

If the offender doesn’t pay all or part of the compensation within the 28 days, you can ask the court to give you a certificate of conviction or certificate of order.

You can apply for the certificate:

  • in writing, for example by sending a letter or email
  • in person at court.

You must apply to the court where the offender was sentenced.

Court staff will then complete the certificate which will:

  • identify the Criminal Compensation Order
  • specify the name and address of the offender
  • specify the unpaid amount of the order, as at the date of the certificate.

You don't need to pay any fees to get the certificate.

Once you have the certificate, the court can’t accept any further payments from the offender.

When you have the certificate of conviction or order, you can register it with the Local Court so that it becomes a judgment. The judgment amount will be the unpaid amount of the order and the cost of your filing fees.

For more information, see Step by step guide – Registering a certificate of conviction or order.

When you have a judgment, you can start enforcement action to try to get the money the offender owes you.

For more information on enforcing a debt, see Enforcement in the My money topic.

You can’t claim the outstanding amount from the Victims Support Scheme.

Appeals

The offender can appeal against a criminal compensation order within 28 days. This can be extended to three months if the court agrees.

The offender can’t appeal against a criminal compensation order just because it is more than what they were ordered to pay you in a civil case involving the same offence.

Effect of an order on civil claims

If the offender is ordered to pay you compensation through a criminal compensation order, you still have the right to make a civil claim against them. However, the court hearing your civil claim must reduce any damages it awards you by the amount of the criminal compensation order that the offender has paid.

The court can order the offender to pay you damages that include an amount equivalent to the unpaid portion of the criminal compensation order.

If offender doesn’t pay the damages awarded to you, you can take enforcement action against the offender.

If the amount of damages includes the unpaid amount equivalent to the unpaid portion of the criminal compensation order, you need to apply for the permission from the court to enforce that amount.

Before you make a civil claim, it is very important that you get legal advice.

Last updated: May 2026

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