Prisoners (Interstate Transfer) Amendment Act 2005 (NSW)

An Act to amend the Prisoners (Interstate Transfer) Act 1982 to make further provision with respect to interstate transfers at the request of prisoners; and for other purposes.

1Name of Act

This Act is the Prisoners (Interstate Transfer) Amendment Act 2005.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Prisoners (Interstate Transfer) Act 1982 No 104

The Prisoners (Interstate Transfer) Act 1982 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Part 2, heading

Omit “Transfer for prisoner’s welfare”.

Insert instead “Transfer at request of prisoner”.

[2]Section 7 Requests for, and orders of, transfer

Omit “in the interests of the welfare of the prisoner” wherever occurring in section 7 (1) (b), (3) (b) and (5) (b).

[3]Section 10A

Insert after section 10:

10AMatters to which Minister may have regard

In forming an opinion or exercising any discretion under this Part, the Minister may have regard to any one or more of the following:

• (a)

  the welfare of the prisoner concerned,

• (b)

  the administration of justice in this or any other State,

• (c)

  the security and good order of any prison in this or any other State,

• (d)

  the safe custody of the prisoner,

• (e)

  the protection of the community in this or any other State,

• (f)

  any other matter the Minister considers relevant.

[4]Section 11 Reports

Omit “may have regard to reports” from section 11 (1).

Insert instead “by reference to reports”.

[5]Section 23 Provisions ancillary to section 20

Omit “it is in the interests of the welfare of the person that” from section 23 (1) (a).

[6]Section 23 (1A)

Insert after section 23 (1):

(1A)

In making a decision under subsection (1) (a), the Minister may have regard to any one or more of the following:

• (a)

  the welfare of the person concerned,

• (b)

  the administration of justice in this or any other State,

• (c)

  the security and good order of any prison in this or any other State,

• (d)

  the safe custody of the person,

• (e)

  the protection of the community in this or any other State,

• (f)

  any other matter the Minister considers relevant.