Should orders for victims’ financial reparation become sentencing orders?

Ms Anusha Kenny1, Ms Megan Styles, Mr Dennis Byles
1Sentencing Advisory Council, Melbourne, Australia

In 2017, the Victorian Sentencing Advisory Council received terms of reference asking whether restitution and compensation orders made as orders in addition to sentence for the benefit of victims under the Sentencing Act 1991 (Vic) should become sentencing orders.

In answering this question, the Council was asked to consider:

(a) whether the purposes of sentencing should include the financial reparation of victims

(b) whether there should be a presumption in favour of courts making such orders

(c) whether such orders should be enforced by the state in the manner of a fine.

The presentation will include:

  • an overview of the key issues raised by the terms of reference;
  • statistical findings on the numbers of orders made and enforced in Victoria;
  • the feedback received during consultation; and
  • an overview of the final recommendations and advice to government.


Anusha Kenny is a Principal Legal Policy Officer at the Victorian Sentencing Advisory Council. She is also completing her Master of Laws with a focus on criminal law at Monash University.  She has co-authored a number of reports for the Sentencing Advisory Council including ‘Sentencing Guidance in Victoria’, ‘Swift Certain and Fair Approaches to Sentencing Family Violence Offenders’ and a forthcoming report on restitution and compensation orders.

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