EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 174
Issued by the authority of the Minister for Justice
International Transfer of Prisoners Act 1997
International Transfer of Prisoners Amendment Regulations 2011 (No. 1)
Subsection 58(1) of the International Transfer of Prisoners Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act forms the Commonwealth legislative framework for the International Transfer of Prisoners scheme (the scheme) in Australia. The scheme allows Australians imprisoned overseas to apply to return to Australia to serve the remainder of their sentence in an Australian prison. The scheme also allows foreign nationals who are imprisoned in Australia to apply to serve the balance of their sentence in their home country.
Subsection 58(2) of the Act provides that regulations may be made to enable the provision of information to prisoners and other persons for the purposes of the Act and any State or Territory Act relating to the international transfer of prisoners.
Section 16 of the Act provides that prisoners may apply to the Attorney-General, in a manner prescribed by regulations, for their transfer to a transfer country. The International Transfer of Prisoners Regulations 2002 (the Principal Regulations) prescribe fourteen forms under the Act for the international transfer of prisoners. These forms include those used by prisoners applying for a transfer from Australia.
The Regulations amend thirteen of the fourteen forms contained in Schedule 1 of the Principal Regulations used in processing an application for transfer by a prisoner to Australia or the transfer of a prisoner from Australia to a foreign country with which they have strong ties.
The Regulations amend the Principal Regulations to make the forms used to process applications for transfer easier to use and assist applications to be considered expeditiously. The Regulations add additional questions to the four forms set out in Schedule 1 which are used to elicit information from prisoners and other persons for the purposes of processing and assessing an application for transfer. The Regulations also make minor and technical amendments to simplify the language used in the thirteen forms and improve their general layout.
Details of the Regulations are attached.
Consultation outside the Australian Government was not undertaken for this legislative instrument as it relates to criminal justice and law enforcement matters.
The legislative instrument does not have a direct, or substantial indirect, effect on business and does not restrict competition.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
ATTACHMENT
Details of the Regulations
Details of the International Transfer of Prisoners Amendment Regulations 2011
Regulation 1 names the Regulations as the International Transfer of Prisoners Regulations 2011 (No. 1).
Regulation 2 provides that the Regulations commence on the day after they are registered.
Regulation 3 provides that Schedule 1 of the Regulations will amend the International Transfer of Prisoners Regulations 2002.
Regulation 4 provides a transitional period where a requirement for an application to be in accordance with a form of a particular number in Schedule 1 is met if the application is in accordance with the form of the corresponding number as in force immediately before the commencement of the Regulations.
Schedule 1 contains the amended version of the forms referred to in the Principal Regulations.
Overview
The International Transfer of Prisoners Amendment Regulations 2011 (No. 1) were enacted to refine the procedures for the international transfer of prisoners under the International Transfer of Prisoners Act 1997. This legislation was introduced to address the need for a more efficient and user-friendly application process for prisoners seeking transfer under the scheme, which allows Australians imprisoned overseas to return to Australia to serve their sentences, and foreign nationals imprisoned in Australia to serve their sentences in their home country. The Minister for Justice, exercising the powers granted under the Act, made these regulations to enhance the forms used in the application process, making them easier to use and ensuring that applications are processed more expeditiously.
The policy objective of these amendments was to streamline the application process by simplifying the language and layout of the forms, while also adding additional questions to gather necessary information for the assessment of transfer applications. These changes aim to facilitate the expeditious processing and consideration of transfer applications, thereby improving the overall efficiency of the international prisoner transfer scheme. The regulations were enacted without external consultation, as they pertain to criminal justice and law enforcement matters, and do not have a significant impact on business or competition.
Scope and Application
The International Transfer of Prisoners Amendment Regulations 2011 (No. 1) applies to the processing of applications for the transfer of prisoners under the International Transfer of Prisoners Act 1997. These regulations specifically target Australian prisoners seeking to return to Australia to serve their sentence, as well as foreign nationals imprisoned in Australia who wish to serve their sentence in their home country. The scope of the Act is limited to the Commonwealth and pertains to the administrative procedures and forms required for the transfer of prisoners across international borders. The regulations amend existing forms to streamline the application process and facilitate more efficient consideration of transfer requests. They do not extend to include any direct or substantial indirect effects on business or competition, nor do they apply to any entities or industries outside the scope of prisoner transfers. The amendment focuses on technical and procedural adjustments to existing forms used in the transfer process, ensuring they are more user-friendly and conducive to expedited assessments. The Regulations, made under the authority of the Minister for Justice, provide the necessary administrative framework for implementing the Act and aim to enhance the efficacy of the international prisoner transfer scheme.
Key Provisions
The International Transfer of Prisoners Amendment Regulations 2011 (No. 1) amend the International Transfer of Prisoners Regulations 2002, altering the forms used to process prisoner transfer applications (Reg. 3). These amendments are designed to facilitate the application process and ensure that applications are assessed more efficiently (Explanatory Statement). Specifically, the Regulations modify the fourteen forms outlined in the Principal Regulations (Reg. 3), introducing additional questions to four of these forms to gather more comprehensive information from applicants (Explanatory Statement). Furthermore, the Regulations make minor technical adjustments to the language and layout of the thirteen other forms, aiming to simplify their use and improve their overall clarity (Explanatory Statement).
Under the amended regulations, prisoners applying for a transfer to Australia must adhere to the new forms prescribed in Schedule 1 (Reg. 4). These forms are intended to capture necessary details efficiently, aiding in the timely processing of applications (Explanatory Statement). Additionally, the Regulations provide a transitional period during which applications can still be made using the older versions of the forms, ensuring a smooth shift to the new requirements (Reg. 4). This transitional arrangement helps to accommodate any delays in updating the forms and ensures continuity in the application process (Explanatory Statement).
Breaching the requirements set out in the amended regulations could lead to complications in the transfer process, potentially delaying or invalidating an application. However, the explanatory statement does not specify any particular offences, penalties, or consequences for non-compliance with the new forms or requirements. It is important for applicants and relevant authorities to ensure they are using the correct and updated forms to avoid any such issues (Explanatory Statement).