Prisoners (Interstate Transfer) Act 1983

Where the Minister:

receives a written request made by a Territory prisoner serving a sentence of imprisonment in the Territory for the transfer of the prisoner to a participating State or to another Territory; and

is of the opinion that the prisoner to whom the request relates should be transferred to the participating State or other Territory;

the Minister shall:

where the request is for the transfer of the prisoner to a participating State – give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State; and

where the request is for the transfer of the prisoner to another

Territory – give to the Attorney-General of the Commonwealth a written request asking the Attorney-General of the Commonwealth to consent to that transfer.

Where the Minister:

has:

in respect of a request made by a Territory prisoner for a transfer to a participating State, given to the corresponding

Minister of the participating State a written request under subsection (1)(c); and

received from that Minister written notice of consent to the transfer of the prisoner to the participating State; or

has:

in respect of a request made by a Territory prisoner for a transfer to another Territory, given to the Attorney-General of the

Commonwealth a written request under subsection (1)(d); and

received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to that other

Territory;

the Minister may issue an order for the transfer of the prisoner to the participating State or other Territory, as the case may be.

Where the Minister:

receives a written request made by a joint prisoner serving a sentence of imprisonment in the Territory for the transfer of the prisoner to a participating State; and

is of the opinion that the prisoner to whom the request relates should be transferred to the participating State;

the Minister shall give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to that participating State.

Where the Minister has:

in respect of a request by a joint prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (3); and

received from that Minister written notice of consent to the transfer of the prisoner to the participating State;

the Minister may issue an order for the transfer of the prisoner to the participating State.

Where a joint prisoner is serving a sentence of imprisonment in the Territory and the Minister:

receives a written request made by the prisoner for the transfer of the prisoner to another Territory; and

is of the opinion that the prisoner to whom the request relates should be transferred to that other Territory;

the Minister may issue an order for the transfer of the prisoner to that other Territory.

A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal.