As shown in Figure 14, ACO can enforce an order for restitution or compensation for a victim in circumstances in which: the offender’s assets are restrained; compensation is awarded to the victim in respect of the same offending pursuant to the provisions of the Sentencing Act 1991 (Vic); and the restrained property is forfeited, either because it is tainted or because it is property in which the offender has an interest if the offence is a defined, serious profit-motived offence. Figure 14: Current system of powers the Confiscation Act 1997 (Vic) and enforcement of restitution and compensation orders Restraining order: Asset restrained for purpose of forfeiture, automatic forfeiture or pecuniary penalty order and for purpose of meeting order for restitution or compensation Orders for restitution or compensation and relevant forfeiture orders: Victim (or OPP) makes application for order for restitution or compensation, court makes order for restitution or compensation, assets forfeited Enforcement: Confiscation Operations can liquidate assets following forfeiture of property, victim paid by the state pursuant to priority rules and has priority over the state Restraining order: Asset restrained for sole purpose of meeting order for restitution or compensation Orders for restitution or compensation and relevant forfeiture orders: Victim (or OPP) makes application for order for restitution or compensation, court makes order for restitution or compensation, debt becomes judgment debt Enforcement: Victim must pursue enforcement (financial barriers), assets remain restrained, judgment debt generally enforceable for 15 years
As shown in Figure 14, ACO can enforce an order for restitution or compensation for a victim in circumstances in which: the offender’s assets are restrained; compensation is awarded to the victim in respect of the same offending pursuant to the provisions of the Sentencing Act 1991 (Vic); and the restrained property is forfeited, either because it is tainted or because it is property in which the offender has an interest if the offence is a defined, serious profit-motived offence. Figure 14: Current system of powers the Confiscation Act 1997 (Vic) and enforcement of restitution and compensation orders Restraining order: Asset restrained for purpose of forfeiture, automatic forfeiture or pecuniary penalty order and for purpose of meeting order for restitution or compensation Orders for restitution or compensation and relevant forfeiture orders: Victim (or OPP) makes application for order for restitution or compensation, court makes order for restitution or compensation, assets forfeited Enforcement: Confiscation Operations can liquidate assets following forfeiture of property, victim paid by the state pursuant to priority rules and has priority over the state Restraining order: Asset restrained for sole purpose of meeting order for restitution or compensation Orders for restitution or compensation and relevant forfeiture orders: Victim (or OPP) makes application for order for restitution or compensation, court makes order for restitution or compensation, debt becomes judgment debt Enforcement: Victim must pursue enforcement (financial barriers), assets remain restrained, judgment debt generally enforceable for 15 years
Restitution_and_Compensation_Orders_Paper.docx