Prisoners (Interstate Transfer) Regulation 1984 (SA)
South Australia
Prisoners (Interstate Transfer) Regulation 1984
under the Prisoners (Interstate Transfer) Act 1982
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Arrangement
4 Interpretation
Part 2—Transfer for prisoner's welfare
5 Request for transfer to a participating State
6 Statements in support of prisoner's request
7 Consideration of requests
8 Repeated requests for transfer
9 Request to corresponding Minister to accept transfer of prisoner
10 Order of transfer (section 8)
11 Request for transfer to South Australia
Part 3—Transfer for trial
12 Request by Attorney-General of a participating State for transfer of a prisoner
13 Request by prisoner for transfer to a participating State
14 Certification of consent or request
15 Application to a court for issue of order of transfer
16 Order to bring prisoner before court
17 Order of transfer
18 Request for transfer to South Australia by imprisoned person
Part 4—Transfer back to original State
19 Return of person to participating State
20 Transfer to attend appeal
21 Inquiries before issue of order of transfer
22 Transfer after attending appeal
23 Request to serve imprisonment in South Australia
24 Order following agreement under section 23(1)(a)
25 Inquiries concerning persons liable to be transferred to South Australia
Part 5—Miscellaneous
26 Escort arrangements
27 Information relating to prisoner to be sent to participating State
28 Information relating to a person received from a participating State
29 Lawful custody for transit through South Australia
30 Return of person in transit to original State
31 Revocation of order of transfer
32 Procedure relating to property on transfer of prisoner
33 Transfer of prisoner's property
Schedule—Forms
Legislative history
Part 1—Preliminary
1—Short title
This regulation may be cited as the Prisoners (Interstate Transfer) Regulation 1984.
2—Commencement
This regulation shall take effect from 1 July 1984.
3—Arrangement
This regulation is divided as follows:
Part 1—Preliminary—cll. 1–4.
Part 2—Transfer for prisoner's welfare—cll. 5–11.
Part 3—Transfer for trial—cll. 12–18.
Part 4—Transfer back to original State—cll. 19–25.
Part 5—Miscellaneous—cll. 26–33.
Schedule 1—Forms
4—Interpretation
In this regulation, except in so far as the context or subject matter otherwise indicates or requires—
the Act means the Prisoners (Interstate Transfer) Act 1982;
Department means the Department of Correctional Services of South Australia;
Manager means any officer or person in charge of, or responsible for, the management of a prison and shall include the keeper or superintendent of any prison;
Non-Parole Period means a non-parole period within the meaning of the Prisons Act 1936;
Parole Board means the Parole Board constituted under the Prisons Act 1936;
Permanent Head means the person appointed as the permanent head of the Department of Correctional Services of South Australia;
Probation and Parole Officer means an officer of the Probation and Parole section of the Department of Correctional Services of South Australia;
Probation Order means a probation order within the meaning of the Offenders Probation Act 1913.
In this regulation, a reference to a form is a reference to a form set out in the Schedule.
A form containing any directions for its completion should be completed in accordance with those directions.
Part 2—Transfer for prisoner's welfare
5—Request for transfer to a participating State
For the purposes of section 7 of the Act, a written request to the Minister by a prisoner for transfer to a participating State (in this Part referred to as a prisoner's request) shall be in or to the effect of Form 1.
A prisoner's request shall be signed by the prisoner and shall be forwarded through the manager of the prison.
A manager who receives a prisoner's request shall—
(a)prepare and attach to the request a statement of convictions and sentences in respect of which the prisoner is currently detained in custody, setting out any probation or non-parole period specified and the current estimated date of release by remission; and
(b)prepare and attach to the request a comprehensive report on the prisoner's conduct and behaviour while in prison; and
(c)forward a copy of the request to a probation and parole officer and ask that officer to prepare and forward to the Department—
(i)a detailed report on the request; and
(ii)an expression of opinion as to whether or not the transfer of the prisoner to the participating State would be in the interests of the welfare of the prisoner; and
(d)forward the request to the Department for consideration by the Minister.
6—Statements in support of prisoner's request
A prisoner's request shall include statements as to—
(a)family or near family support in the participating State, including the availability of accommodation upon the prisoner's release from prison; and
(b)family or other social circumstances that may benefit the welfare of the prisoner either during imprisonment or detention for life; and
(c)medical reasons (if any) in support of the request; and
(d)prospects of employment following release from prison; and
(e)any other matters which the prisoner wishes to put forward in support of the request.
7—Consideration of requests
For the purposes of the Minister's consideration of a prisoner's request, the Department may (or, if the Minister so requests, shall) supply to the Minister such medical, psychiatric or psychological reports or assessments in respect of the prisoner as are or may be made available to it.
There shall be included in any report or assessment in respect of a prisoner furnished or caused to be furnished for the information of the Minister under this regulation any further information available to the person or authority furnishing the report or assessment, or causing the same to be furnished, which may be of assistance to the Minister in considering the prisoner's request.
Without affecting the Minister's powers to form an opinion or exercise a discretion under Part 2 of the Act, the Minister, in considering a prisoner's request, may have regard to the following matters:
(a)whether the statutory period during which an appeal against the prisoner's conviction or sentence may be made has expired;
(b)whether any appeal against the prisoner's conviction or sentence has been finally dealt with;
(c)whether, so far as the Minister is aware, every complaint or information alleging an offence by the prisoner against the law of South Australia or the Commonwealth, or of any other State or of a Territory of Australia, has been finally dealt with;
(d)whether a petition for an inquiry, or an inquiry, under the laws of South Australia into the prisoner's conviction or sentence is pending;
(e)the term of imprisonment remaining to be served by the prisoner compared with the estimated period for dealing with the request and issuing and executing an order of transfer.
8—Repeated requests for transfer
Without affecting the Minister's power to exercise a discretion under section 9 of the Act, the Minister may refuse to entertain a request for transfer made by a prisoner within one year of a similar request if there has not, in the Minister's opinion, been a substantial change in the circumstances which are likely to benefit the prisoner's welfare.
9—Request to corresponding Minister to accept transfer of prisoner
Where—
(a)following consideration of a written request by a prisoner for transfer to a participating State, the Minister is of the opinion that the prisoner should be transferred in the interests of the welfare of the prisoner;
(b)the Minister makes a written request to the corresponding Minister of the participating State to accept the transfer of the prisoner,
that written request shall be accompanied by a copy of—
(c)the prisoner's written request for transfer; and
(d)the reports, assessments and other information referred to in regulations 5 and 7 in relation to the prisoner; and
(e)a statement setting out the matters upon which the Minister's opinion is based.
10—Order of transfer (section 8)
Where the Minister has received from a corresponding Minister of a participating State written notice of the corresponding Minister's consent to the transfer of a prisoner to that participating State as referred to in section 8 of the Act, the order of transfer which may be issued by the Minister shall be in or to the effect of Form 2.
11—Request for transfer to South Australia
Where the Minister receives a written request referred to in section 10 of the Act from a corresponding Minister of a participating State asking the Minister to accept the transfer of an imprisoned person to South Australia the Minister may, prior to considering the matter, request—
(a)the Parole Board; and
(b)the Probation and Parole Section of the Department; and
(c)the Department; and
(d)the Commissioner of Police,
to furnish reports on the merits or otherwise of the request for the transfer of the prisoner.
Part 3—Transfer for trial
12—Request by Attorney-General of a participating State for transfer of a prisoner
Where the Attorney-General receives from the Attorney-General of a participating State a written request referred to in section 12(1)(a) of the Act for the transfer of a prisoner to that participating State for the purpose of being dealt with according to law, the Attorney-General, prior to considering the request, may—
(a)through the Minister, inform the prisoner of the substance of the request and seek the prisoner's comments in writing; and
(b)obtain from the Minister a report relating to the prisoner, being a report in the same terms as a report which would be required to be sent in respect of the prisoner under section 26(1)(c) of the Act if the prisoner were conveyed to the participating State.
Any comments the prisoner desires to make shall be made within 14 days of receipt by the prisoner of the advice of the substance of the request and shall be forwarded to the Minister for reference to the Attorney-General.
13—Request by prisoner for transfer to a participating State
For the purposes of section 12(1)(b) of the Act, a written request made by a prisoner to the Minister for the transfer of the prisoner to a participating State to be dealt with according to law shall be in or to the effect of Form 3.
Where the Minister refers to the Attorney-General a written request made by a prisoner for the transfer of the prisoner to a participating State to be dealt with according to law, the Minister shall, at the same time, send to the Attorney-General a report relating to the prisoner, being a report in the same terms as a report which would be required to be sent in respect of the prisoner under section 26(1)(c) of the Act if the prisoner were conveyed to the participating State.
If the Attorney-General consents to a prisoner's written request for transfer to a participating State to be dealt with according to law, the Attorney-General shall refer to the Attorney-General of the participating State, with the written notice of the consent, the report referred to in subclause (2), together with the prisoner's written request for the transfer.
14—Certification of consent or request
A certificate referred to in section 13(2) of the Act in relation to a consent or request required under section 13(1) of the Act shall be in or to the effect of Form 4.
The prescribed officer for the purpose of signing a certificate referred to in section 13(2) of the Act shall be the Crown Solicitor or a delegated person.
On the signing of a certificate under section 13(2) of the Act, it shall be forwarded to the Department for the purpose of making an application to a court of summary jurisdiction for the issue of an order of transfer.
15—Application to a court for issue of order of transfer
An application to a court of summary jurisdiction under section 14(1) of the Act for the issue of an order of transfer—
(a)may be made by, or on behalf of, the Department; and
(b)shall be in or to the effect of Form 5; and
(c)shall be lodged in quadruplicate.
Where, as a result of an application referred to in subclause (1), a court makes an order under section 14(1) of the Act in relation to a prisoner, a copy of the application and notice of the order, together with a notice of hearing of the application, shall be served, by or on behalf of the applicant, upon—
(a)the prisoner personally; and
(b)the Attorney-General.
16—Order to bring prisoner before court
An order under section 14(1) or 16(2) of the Act, directing the manager of the prison where a prisoner is imprisoned to bring the prisoner before a court, shall be in or to the effect of Form 6.
17—Order of transfer
An order of transfer issued by a court of summary jurisdiction pursuant to section 15(a) of the Act shall be in or to the effect of Form 7.
An order of transfer issued by the Supreme Court pursuant to section 16(6) of the Act shall be in or to the effect of Form 8.
18—Request for transfer to South Australia by imprisoned person
Where the Attorney-General has received from the Attorney-General of a participating State, pursuant to section 19 of the Act, a notice in writing that the Attorney-General of the participating State has consented to a request made by a person imprisoned in the participating State to be transferred to South Australia to enable the person to be dealt with according to law, the Attorney-General may, before considering the matter, obtain a report from the Commissioner of Police on the request.
Part 4—Transfer back to original State
19—Return of person to participating State
For the purposes of section 20 of the Act, an order of transfer returning a person to a participating State shall be in or to the effect of Form 9.
20—Transfer to attend appeal
For the purposes of section 21 of the Act, an order of transfer returning a person to a participating State shall be in or to the effect of Form 10.
21—Inquiries before issue of order of transfer
Before issuing an order for the transfer of a person in accordance with the provisions of section 20 or 21 of the Act, the Minister may inquire of—
(a)the person; and
(b)the Commissioner of Police,
whether or not, as far as is known, every complaint or information alleging any offence by the person against the law of South Australia has been finally dealt with according to law.
22—Transfer after attending appeal
For the purposes of section 22 of the Act, an order for the transfer of a person to a participating State shall be in or to the effect of Form 11.
23—Request to serve imprisonment in South Australia
Where a person who is liable to be transferred to a participating State pursuant to an order of transfer which may be issued under section 20 or 22 of the Act makes a written request to the Minister to serve imprisonment in South Australia, pursuant to section 23(1) of the Act, the request shall—
(a)be signed by the person; and
(b)set out the grounds in support of the request; and
(c)be forwarded through the manager of the prison where the person is detained.
The provisions of subregulation (3) of regulation 5 apply to and in respect of a request referred to in subregulation (1) of this regulation in the same way as those provisions apply to and in respect of a prisoner's request to which regulation 5 applies.
The provisions of regulation 7, apply to and in respect of a request referred to in subregulation (1) of this regulation in the same way as those provisions apply to and in respect of a prisoner's request to which regulation 7 applies.
If the Minister agrees to a person's request referred to in subregulation (1) of this regulation, the Minister shall—
(a)give written notice of the decision to the corresponding Minister of the participating State; and
(b)enclose with the notice copies of the reports, information, documents and details which the Minister had regard to in considering the request; and
(c)seek the advice of the corresponding Minister as to whether or not that Minister agrees to the person's imprisonment being served in South Australia.
24—Order following agreement under section 23(1)(a)
If, upon a person making a request referred to in subregulation (1) of regulation 23, the Minister and the corresponding Minister of the participating State agree that it is in the interests of the welfare of the person that the person's imprisonment should be served in South Australia, the Minister shall issue an order of imprisonment in or to the effect of Form 12.
25—Inquiries concerning persons liable to be transferred to South Australia
The Minister in deciding whether or not to agree to a person imprisoned in a participating State serving imprisonment in that participating State (in pursuance of a request made under the provision of an interstate law that corresponds to section 23(1)(a) of the Act), may inquire of the Commissioner of Police whether or not, as far as is known, every complaint or information alleging any offence by that person against the law of South Australia has been finally dealt with according to law.
Part 5—Miscellaneous
26—Escort arrangements
Unless there is agreement to the contrary between the Minister and the corresponding Minister of the participating State, the cost and responsibility of transferring a prisoner from South Australia to a participating State pursuant to an order of transfer, being an order of a kind described in Column 1 of the Table to this regulation shall be borne by the State specified in Column 2 of that Table opposite the description of the order.
Table
Column 1
Column 2
Order of transfer to a participating State for prisoner's welfare. (Section 8 of the Act.)
South Australia
Order of transfer to a participating State for prisoner's trial. (Section 15 or 16(6) of the Act.)
The participating State
Order of transfer to return person to participating State after being dealt with according to law. (Section 20 of the Act.)
South Australia
Order of transfer to return person to participating State to attend appeal. (Section 21 of the Act.)
South Australia
Order of transfer to return person to participating State after attending appeal. (Section 22 of the Act.)
South Australia
27—Information relating to prisoner to be sent to participating State
Where a copy of an order of transfer or other document is to be sent, pursuant to section 26(1) of the Act, to the corresponding Minister of a participating State, or to some person for the time being designated by the corresponding Minister, the copy shall be certified by the Permanent Head or his delegate in the Department.
28—Information relating to a person received from a participating State
Where—
(a)under an interstate law, an order is issued for the transfer to South Australia of a person imprisoned in a participating State; and
(b)the person is brought into South Australia pursuant to the order,
the order and other documents (or copies thereof) sent by the corresponding Minister to the Minister or other person for the time being designated by the Minister shall, after completion of any action required in relation thereto—
(c)be forwarded to the manager of the prison where the person is detained; and
(d)be retained with the person's warrant papers.
29—Lawful custody for transit through South Australia
Where, pursuant to section 31 of the Act, a manager receives a person who is the subject of an order of transfer from one participating State to another participating State and detains that person in custody, the manager shall endorse on the copy of the order of transfer delivered to the manager by the escort—
(a)the time and date of the receipt of that person into custody; and
(b)the time and date of the delivery of that person to the custody of the escort.
30—Return of person in transit to original State
For the purposes of section 32(2) of the Act, a warrant ordering a person to be returned to the participating State in which the order of transfer was issued shall be in or to the effect of Form 13.
A warrant referred to in subregulation (1) of this regulation shall direct that the person who is the subject of the warrant be returned to the prison in the participating State from which the person was transferred pursuant to the order of transfer.
31—Revocation of order of transfer
For the purposes of section 34 of the Act, an application to a court of summary jurisdiction to revoke an order of transfer shall be in or to the effect of Form 14.
An application referred to in subregulation (1) of this regulation may be made by the Permanent Head or his delegate in the Department.
32—Procedure relating to property on transfer of prisoner
Where a prisoner is about to be released from a prison for escort to a participating State pursuant to an order of transfer, or a warrant issued under the authority of the Act, the manager of the prison shall give or cause to be given to the prisoner, an opportunity to inspect—
(a)the personal property, if any, belonging to the prisoner and in the custody of the manager; and
(b)any official records at the prison relating to money, if any, belonging to the prisoner.
Where a prisoner—
(a)inspects the personal property, if any, belonging to the prisoner and in the custody of the manager of the prison and any records referred to in subregulation (1)(b) of this regulation; and
(b)wishes to make a complaint regarding the condition of, or any deficiency in, that property or any mistake in those records,
the prisoner may make a written complaint regarding the condition, deficiency or mistake, as the case may require.
A prisoner who makes a complaint referred to in subregulation (2) of this regulation shall deliver it to—
(a)the manager of the prison in which the prisoner is detained; or
(b)an officer at that gaol who shall, without unnecessary delay, convey the complaint to that manager.
The manager of a prison shall—
(a)investigate any complaint made by a prisoner under subregulation (2) of this regulation that is delivered or conveyed to the manager, or cause such complaint to be investigated; and
(b)report the result, if any, of the investigation, or cause it to be reported, to the prisoner prior to the release of the prisoner for escort to a participating State.
Where it is brought to the attention of the manager of a prison that—
(a)the result of an investigation carried out in response to a complaint made by a prisoner under subregulation (2) of this regulation is not to the satisfaction of the prisoner; or
(b)an investigation of a complaint made by a prisoner under subregulation (2) of this regulation has not been completed prior to the release of the prisoner for escort to a participating State,
the manager of the prison shall, without unnecessary delay, notify the Department of the complaint and the result of the investigation, or the fact that the investigation has not been completed, as the case may require.
33—Transfer of prisoner's property
Where a prisoner is released from a prison and escorted to a participating State pursuant to an order of transfer, or a warrant issued under the authority of the Act, any money belonging to the prisoner which is in the control and custody of the manager of the prison in which the prisoner was detained shall be remitted by the manager to the manager of the prison in the participating State to which the prisoner is to be escorted for credit to the prisoner's account.
The manager of a prison in which a prisoner who is being transferred to a participating State under the Act was detained shall inform the prisoner, or cause the prisoner to be informed, in writing, of the amount remitted to the manager of the prison in the participating State for credit to the prisoner's account.
When being escorted to a participating State, a prisoner being transferred under the Act may be permitted to take so much personal clothing and other articles of personal property belonging to the prisoner as, in the opinion of the escort or escorts, can be safely and conveniently taken with the prisoner to the participating State.
Articles of personal property belonging to a prisoner being transferred under the Act, being articles which are either in the prisoner's physical possession at a prison or in the custody of the manager of the prison and which are not taken with the prisoner, may be—
(a)disposed of by the manager of the prison in accordance with written directions given by the prisoner; or
(b)forwarded to the prisoner in the participating State, at the prisoner's risk and expense.
Schedule—Forms
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Prisoners (Interstate Transfer) Regulation 1984 were revoked by Sch 1 of the Prisoners (Interstate Transfer) Regulations 2010 on 1.9.2010.
Principal regulations and variations
Year No Reference Commencement 1984 123 Gazette 28.6.1984 p1985 1.7.1984: r 2 2003 147 Gazette 12.6.2003 p2500 12.6.2003: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 4 r 4 r 4(2) varied by 147/2003 Sch 1 12.6.2003 Heading after r 33 deleted by 147/2003 Sch 1 12.6.2003 Sch heading inserted by 147/2003 Sch 1 12.6.2003
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