All victims have a right to pursue a civil claim for damages against an offender. The decision to take such action will depend on whether the offender has assets from which to claim any damages and on whether they can be identified or found in order to pursue a claim against them. These claims are usually issued in the Magistrates' or County Court, depending on the seriousness of the injury and the amount of damages sought. See: Chapter 1*2 Courts, for monetary limits in civil matters.

When considering a civil claim against an offender, a lawyer should be consulted for advice on the merits and prospects of success of such a claim as it may be preferable to seek assistance from VOCAT.

Sections 85A–85M of the Sentencing Act 1991 (Vic) ("Sentencing Act") allow a victim, within 12 months of a finding of guilt or a conviction, to apply to the court for an order that the offender pay compensation to the victim for pain and suffering. The application is made to the court that sentences the offender. An order can also be made that the offender pay medical, counselling and other expenses. The court must have appropriate evidence before it can make such an order, and the victim or any other witness can give evidence. The offender must be given a reasonable opportunity to be heard. The court may take into account the offender's financial circumstances before making an order.

Once an order is made, it becomes a judgment debt and the recovery of the debt will depend on whether the offender has assets and on the enforcement process (see: Chapter 8*1 Debts). A victim considering making such an application should seek legal advice.

The main differences between the Sentencing Act procedure and that under the victims of crime legislation are that: