Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

86 Compensation order

(1)If a court finds a person guilty of, or convicts a person of, an offence it may order the offender to pay to a person who has suffered loss or destruction of, or damage to, property as a result of the offence any compensation (not exceeding the value of the property lost, destroyed or damaged) that the court thinks fit.

S. 86(1) amended by Nos 81/1996 s. 74(1)(a)(i)(ii), 54/2000 s. 22(2)(a)(i)(ii), substituted by No. 49/2012 s. 7(1).

(1A)An order under subsection (1) may be made—

S. 86(1A) inserted by No. 49/2012 s. 7(1).

(a)on the application of a person suffering loss or destruction of, or damage to, property as a result of the offence; or

S. 86(5)(a) amended by Nos 81/1996 s. 74(1)(b), 54/2000 s. 22(2)(b), 49/2012 s. 7(2)(b).

(b)subject to subsection (1B)—on the court's own motion.

S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i).S. 86(9)(b) substituted by No. 68/2009 s. 97(Sch. item 110.66).

(1B)A court may only make an order under subsection (1) on its own motion if—

S. 86(1B) inserted by No. 49/2012 s. 7(1).

(a)the person in whose favour the order is to be made does not oppose the order being made; and

(b)the court has given the offender the opportunity to be heard in respect of the order.

(2)If a court decides to make an order under subsection (1) it may in determining the amount and method of payment of the compensation take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose.

(3)A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender.

(4)In making an order under subsection (1) the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable.

(5)An application under subsection (1A)(a)—

S. 86(5) amended by No. 49/2012 s. 7(2)(a).

(a)must be made as soon as practicable after the offender is found guilty, or convicted, of the offence; and

(b)may be made—

(i)by the person seeking compensation; or

S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii).

(ii)on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor.

S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c).

(6)Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person.

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(7)In determining whether or not an order under subsection (1) should be made and, if so, the amount payable under the order—

S. 86(7) amended by No. 49/2012 s. 7(3).

(a)a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and

(b)the finding may be proved by production of a document under the seal of the court from which the finding appears.

(8)A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence given at the hearing of the charge or from the available documents, together with admissions made by or on behalf of any person in connection with the proposed exercise of the powers.

(9)In subsection (8) the available documents means—

S. 86(9)(c) amended by No. 19/1999 s. 11, repealed by No. 68/2009 s. 97(Sch. item 110.66).

(a)any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or

(b)the depositions in the committal proceeding; or

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(d)any victim impact statement made to the court for the purpose of assisting it in determining sentence; or

S. 86(9)(d) inserted by No. 19/1999 s. 11, amended by Nos 54/2000 s. 22(2)(d), 49/2012 s. 7(4)(a).

(e)any other documentary evidence acceptable to the court of—

S. 86(9)(e) inserted by No. 49/2012 s. 7(4)(b).

(i)loss or destruction of, or damage to, property suffered by a person as a result of the offence; or

(ii)the amount of the loss suffered or the expense incurred as a result of that destruction or damage.

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(9D)Despite any rule of law or practice to the contrary or any provision to the contrary made by or under any other Act, each party to a proceeding under this section must bear their own costs of the proceeding unless the court otherwise determines.

S. 86(9D) inserted by No. 19/1999 s. 12(2).

(10)Nothing in this section takes away from, or affects the right of, any person to recover damages for, or to be indemnified against, any loss, destruction or damage so far as it is not satisfied by payment or recovery of compensation under this section.

S. 86(10) amended by Nos 81/1996 s. 74(3), 54/2000 s. 22(2)(f).

(11)References in this section to property include references to a motor vehicle.