Interstate Transfer (Community-based Sentences) Act 2009

In this Act, the transfer criteria in relation to a community-based sentence are – whether a sentence that corresponds to the sentence could be made in the State (including this State) or Territory in which it is proposed to register the sentence; and the welfare of the offender; and the administration of justice in this State, another State or a Territory; and the protection of the community in this State, another State or a Territory; and whether the offender can comply with the sentence in the State (including this State) or Territory in which it is proposed to register the sentence; and whether the sentence can be administered safely, efficiently and effectively; and any other matters that are prescribed by regulations made under this Act.

In making a decision under this Act, the Minister may have regard to any reports from persons who are parole, prison, or correctional services authorities – in this State; or in another State or a Territory in relation to which a law has been declared to be a corresponding law.

The Minister may send to a corresponding authority reports from persons referred to in subsection (2), so as to assist the corresponding authority to form an opinion or to exercise a discretion under a corresponding law.