Transfer to another corrective services facility, health facility or personal care facility
68 Transfer to another corrective services facility, health facility or personal care facility
The chief executive may, by written order, transfer a prisoner from a corrective services facility to—
subject to section 68A, another corrective services facility; or
a place for—
medical or psychological examination or treatment; or
examination or treatment for substance dependency; or
assessment and provision of palliative or other personal care.
The order may include the conditions the chief executive reasonably considers necessary to effect the transfer.
The prisoner must be escorted by a corrective services officer or police officer.
The prisoner may be detained in a place for as long as is necessary or convenient to give effect to the order.
If a prisoner is transferred to an authorised mental health service and becomes a classified patient under the Mental Health Act 2016, the patient is taken to be in the custody of the administrator of the patient’s treating health service under that Act.
The Judicial Review Act 1991, parts 3, 4 and 5, other than section 41(1), do not apply to a decision made, or purportedly made, under this section about transferring a prisoner.
Note—The Judicial Review Act 1991, part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.
In this section—decision includes a decision affected by jurisdictional error.
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