Other Monetary Penalties

What is ‘Court Fund’?

A ‘Court Fund’ payment is money paid into the Court that is dispersed to various welfare organisations in the community.

It is a monetary penalty that can be imposed by a magistrate as a condition of an undertaking to be of good behaviour.

Money paid into the Court Fund is dispersed by the Court to relief agencies in the area serviced by the Court and to assist the community.

Failure to pay the Court Fund component of an undertaking can result in a criminal charge for failing to comply with the undertaking and you can be re-sentenced on the original charges, which may lead to a conviction.

What is a Restitution Order?

A Magistrate may make an order for restitution under Section 84 of the Sentencing Act 1991 in cases where goods have been stolen and where an accused has been found guilty or convicted of an offence connected with the theft.

Under this section of the Sentencing Act, a magistrate can make any of the following orders:

  • that the person who has possession of the goods restore them to the person entitled to them;
  • that the accused deliver to another person goods that directly or indirectly represent the stolen goods;
  • that a sum not exceeding the value of the stolen goods be paid out of money taken from the offender's possession on his/her arrest.

In the Magistrates' Court, an application for restitution is normally made by the informant or police prosecutor. The application is made after the person is found guilty or convicted of the offence.

What is a Compensation Order?

A compensation order is an order of the Court whereby a person found guilty or convicted of an offence, is directed to pay compensation to any person who suffered an injury or loss,
or destruction or damage to property as a direct result of the offence.

Pursuant to Section 85B(2) of the Sentencing Act, a Compensation Order can be made up of amounts to cover:

  • for pain and suffering experienced by the victim as a direct result of the offence;
  • for some or all of any expenses incurred or reasonably likely to be incurred by the victim for counselling services;
  • for some or all of any medical expenses incurred or reasonably likely to be incurred by the victim as a direct result of the offence;
  • for some or all of any other expenses incurred or reasonably likely to be incurred by the victim as a direct result of the offence, not including any expense arising from loss of or damage to property.

A Court can also direct that a compensation order be paid by instalments.

The application for compensation must be made within 12 months of the offender being found guilty or convicted and can be made:

  • by the victim
  • on the victim’s behalf by any person if the victim is a child or if the victim is incapable of making the application . For example, because of illness or physical or mental impairment 
  • by the informant or police prosecutor (in the Magistrates’ Court).

A magistrate may also make an order for compensation for property loss.

Pursuant to Section 86 of the Sentencing Act, if a court finds a person guilty, or convicts a person of an offence, it may make an order that the offender pay compensation for any loss, destruction or damage to property, not exceeding the value of the property. In the Magistrates' Court an application for compensation under Section 86 of the Sentencing Act, is normally made by the informant or police prosecutor. The application is made after the person is found guilty or convicted of the offence.

Area of Legislation: 

Contacts

Contact the Magistrates' Court where your matter is listed or your nearest court. 
Contact details for all Victorian Magistrates' Courts are available under Contact Us

Email: help@magistratescourt.vic.gov.au