68Compensation order

### 68 Compensation order > > (1)  If a person is found guilty or convicted of an offence and the court finds that another person has suffered injury, loss, destruction or damage as a result of the offence, the court – > > > > > > (a) must, if the offence is burglary, stealing or unlawfully injuring property; and > > > > > > > (b) may, in the case of any other offence – > > > > order the offender to pay compensation for that injury, loss, destruction or damage. > > > (2)  [*\[Section 68 Subsection (2) amended by No. 4 of 2011, s. 52, Applied:01 Jun 2011\]*](/view/html/inforce/2011-06-01/act-2011-004#GS52@EN) [*\[Section 68 Subsection (2) omitted by No. 20 of 2013, s. 89, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS89@EN) .  .  .  .  .  .  .  .   > > > (3)  An order under [subsection (1)](#GS68@Gs1@EN) may be made by the court – > > > > > > (a) on its own motion; or > > > > > > > (b) on an application made – > > > > > > > > > > (i) by a person in whose favour the order is sought; or > > > > > > > > > > > (ii) on that person's behalf by the DPP, if the sentencing court was the Supreme Court, or the complainant or police prosecutor, if the sentencing court was a court of petty sessions. > > > (4)  An application under [subsection (3)(b)](#GS68@Gs3@Hpb@EN) is to be made as soon as practicable after the offender is found guilty or convicted of an offence. > > > (5)  Nothing in [subsection (3)(b)(ii)](#GS68@Gs3@Hpb@Hqii@EN) requires the DPP or the complainant or police prosecutor to make an application on behalf of a person. > > > (6)  A court may exercise its powers under this section if the facts sufficiently appear from any evidence or material presented to the court, 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. > > > (7)  In [subsection (6)](#GS68@Gs6@EN) , > > > > > ***the available documents*** means – > > > > > > > > (a) any written statements or admissions that were made for use, and would have been admissible, as evidence on the hearing of the charge; or > > > > > > > > > (b) the depositions taken at the committal proceeding; or > > > > > > > > > (c) any written statements or admissions used as evidence in the committal proceeding. > > > (8)  Nothing in this section takes away from, or affects the right of, any person to recover damages for, or to be indemnified against, any injury, loss, destruction or damage so far as it is not satisfied by payment or recovery of compensation under this section. > > > (9)  [*\[Section 68 Subsection (9) amended by No. 76 of 2009, s. 36, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2009-076#GS36@EN) In determining, for the purposes of this section, the amount of compensation for injury, loss, destruction or damage to property that a person has suffered as a result of an offence, the court is not bound by the rules of evidence and it may inform itself in any matter in any way it considers appropriate.