EXPLANATORY STATEMENT
Issued by the authority of the Minister for Territories, Local Government and Major Projects
Removal of Prisoners (Territories) Regulation 2015
Authority
The Governor-General has made this Regulation in accordance with the power granted to him under section 14 of the Removal of Prisoners (Territories) Act 1923 (the Act).
This Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003 (the LIA).
Purpose and Operation
The purpose of the Removal of Prisoners (Territories) Regulation 2015 (the Regulation) is to re-make the Removal of Prisoners (Territories) Regulations (the Regulations). The LIA provides that all legislative instruments, other than exempt instruments, progressively ‘sunset’ according to the timetable set out in the LIA.
The re-made Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories, to return to a Territory after they have been discharged or released from custody.
Nothing would prevent the prisoner from returning to a Territory at their own expense. However, the Act and the Regulations provide for approval for return to a Territory at no cost to the prisoner. The Regulations being re-made provide for the return of the prisoner at no cost to them:
Section 8 of the Act effectively provides that:
Where a prisoner has been removed in pursuance of this Act, the Governor-General, or the Government of the State or Territory to which the prisoner has been so removed…that prisoner is entitled, on making application in such manner and within such time as is prescribed (in the Regulations), to be sent free of cost from the place at which he or she was discharged or released from custody to the Territory from which he or she was removed.
Consultation
The Department of Infrastructure and Regional Development (the Department) consulted within the Australian Government. Community consultation was not undertaken as the Regulation is administrative in nature and extends current arrangements.
The Department was provided with an exemption to provide a Regulatory Impact Statement from the Office of Best Practice Regulation due to the administrative nature of the Regulation.
This Regulation commence on the day after registration.
Part 1 – Preliminary
Section 1 – Name
This section provides that the title of this Regulation is the Removal of Prisoners (Territories) Regulation 2015.
Section 2 – Commencement
This section provides that this Regulation commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Authority
This section provides that this Regulation is made under the Removal of Prisoners (Territories) Act 1923.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Regulation have effect according to their terms.
Section 5 – Definitions
This section contains the defined terms used in this Regulation.
Section 6 – Return of removed prisoner
This section provides that for subsection 8(3) of the Removal of Prisoners (Territories) Act 1923, this Regulation can prescribe the timeframe in which an application can be made. An application must be made to the Secretary within 14 days after the person is discharged or released from custody.
Schedule 1- Repeal
Removal of Prisoners (Territories) Regulations
Item 1 Explanation
Item 1 will repeal the whole of the Removal of Prisoners (Territories) Regulations.
Statement of Compatibility with Human Rights
Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Removal of Prisoners (Territories) Regulation 2015
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Removal of Prisoners (Territories) Regulation 2015 (the Regulation) is to repeal the existing Removal of Prisoners (Territories) Regulations (the Regulations) and substitute them with a new Regulation which will ensure that the Regulations are re-made before 1 October 2015, which is the date on which they are due to sunset. The new Regulation will ensure the continuation of an administrative process which allows prisoners to make an application to the Secretary of the Commonwealth Department with administrative responsibility for the Territories to return to a Territory after they have been discharged or released from custody..
Human Rights Implications
Amendments to the:
Removal of Prisoners (Territories) Regulations
The amendments to the legislation provided above do not engage any other human rights, as the amendments are of a minor or technical nature, and do not have significant impacts on the residents of the Territories.
Conclusion
As this Instrument promotes the rights of people with disabilities, it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Hon Paul Fletcher, Minister for Territories, Local Government and Major Projects