damages would not be open where an offender has already been subject to substantial criminal punishment for the same behaviour. Exemplary damages in a civil assessment of damages are intended to punish, and a court will likely be conscious of the need to avoid double punishment. Similarly, VOCAT will take into account any order for restitution or compensation paid by an offender when making an award. Section 16 of the Victims of Crime Assistance Act 1996 (Vic) requires VOCAT to take into account any other financial assistance that the victim has received (and so any order for restitution or compensation). The Council heard in preliminary consultations that this may not necessarily occur, as there is a reliance on the parties to advise VOCAT that such an order has been made. In practice, a magistrate or judge may not be aware that any other order has in fact been made. In addition, the matters that are available for a victim to seek compensation through VOCAT and that are available through the Sentencing Act 1991 (Vic) do not always overlap. For example, a victim may receive compensation of up to $20,000 through VOCAT for loss of earnings, but compensation for loss of earnings is not noted as a category of loss for which a compensation order may be sought (see [2.40]). Therefore, a victim could receive compensation through both avenues. Data on restitution and compensation orders in Victoria This section presents data on the number of cases in which an order for restitution or compensation was made in Victoria over the 10-year period from 2007–08 to 2016–17. As discussed at [2.3], these orders are imposed in addition to any sentence imposed in the case. Data is presented on the number of compensation orders made each year, as well as on the number of beneficiaries. This section also outlines data on repayments made to meet an order for restitution or compensation, where the court has been notified of the payment.
damages would not be open where an offender has already been subject to substantial criminal punishment for the same behaviour. Exemplary damages in a civil assessment of damages are intended to punish, and a court will likely be conscious of the need to avoid double punishment. Similarly, VOCAT will take into account any order for restitution or compensation paid by an offender when making an award. Section 16 of the Victims of Crime Assistance Act 1996 (Vic) requires VOCAT to take into account any other financial assistance that the victim has received (and so any order for restitution or compensation). The Council heard in preliminary consultations that this may not necessarily occur, as there is a reliance on the parties to advise VOCAT that such an order has been made. In practice, a magistrate or judge may not be aware that any other order has in fact been made. In addition, the matters that are available for a victim to seek compensation through VOCAT and that are available through the Sentencing Act 1991 (Vic) do not always overlap. For example, a victim may receive compensation of up to $20,000 through VOCAT for loss of earnings, but compensation for loss of earnings is not noted as a category of loss for which a compensation order may be sought (see [2.40]). Therefore, a victim could receive compensation through both avenues. Data on restitution and compensation orders in Victoria This section presents data on the number of cases in which an order for restitution or compensation was made in Victoria over the 10-year period from 2007–08 to 2016–17. As discussed at [2.3], these orders are imposed in addition to any sentence imposed in the case. Data is presented on the number of compensation orders made each year, as well as on the number of beneficiaries. This section also outlines data on repayments made to meet an order for restitution or compensation, where the court has been notified of the payment.