Prisoners (Interstate Transfer) Regulations 2023

Prisoners (Interstate Transfer) Regulations 2023

20 November 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Prisoners (Interstate Transfer) Act 1982.

These regulations may be cited as the Prisoners (Interstate Transfer) Regulations 2023.

These regulations take effect on 18 December 2023.

In these regulations –

Act means the Prisoners (Interstate Transfer) Act 1982;

prisoner’s request means a request of the kind referred to in section 5(1)(a) of the Act;

Secretary means Secretary of the Department.

A prisoner’s request is to – be signed by the prisoner; and include a statement as to – family or other social circumstances that may advance the prisoner’s welfare before or after the prisoner’s release; and family or other support in the relevant participating State, including the availability of accommodation after the prisoner’s release; and the prisoner’s prospects of finding work after the prisoner’s release; and any medical reasons that support the request; and any other matter that the prisoner considers may support the application.

The prisoner is to give the request to the gaoler of the prison where the prisoner is being detained.

As soon as practicable after receiving a prisoner’s request, a gaoler must –

prepare a report containing – a statement of the convictions and sentences for which the prisoner is being detained in custody; and a statement of the prisoner’s parole and remissions status and the estimated day of the prisoner’s release (by remission); and an assessment of the prisoner’s conduct and behaviour while in prison; and forward the request and the report prepared under paragraph (a) to the Secretary.

A prisoner who has made a prisoner’s request may, at any time before the request has been decided by the Minister, withdraw that request.

A withdrawal of a request is to – be made in writing; and be signed by the prisoner; and contain a statement indicating the reason for withdrawing the request.

The prisoner is to give the written withdrawal under subregulation (1) to the gaoler of the prison where the prisoner is being detained.

A gaoler who has received a written withdrawal is to, as soon as is practicable, forward the withdrawal to the Secretary.

If the request to which the written withdrawal relates has already been provided to the Minister, the Secretary is to forward the withdrawal to the Minister as soon as is practicable.

A prisoner who has made a written withdrawal is to be informed, in writing, of the outcome of the withdrawal.

The Secretary must place a prisoner’s request before the Minister as soon as practicable after receiving – the request; and the related report prepared under regulation 5(a).

The Secretary may, and must if the Minister so requests, also provide the Minister which such medical, psychiatric or psychological reports or assessments in respect of the prisoner as are, or may be made, available to the Secretary.

The Secretary may provide the Minister with such other information as the Secretary considers relevant for a proper consideration of the prisoner’s request.

The matters that the Minister may take into account in considering a prisoner’s request include, but are not limited to, the following:

whether the statutory period during which an appeal against the prisoner’s conviction or sentence may be made has expired;

whether any appeal against the prisoner’s conviction or sentence has been finally dealt with;

whether, so far as the Minister is aware, every complaint or information alleging an offence by the prisoner against the law of Tasmania or the Commonwealth, or of any Territory or other State, has been finally dealt with;

whether an inquiry (or a petition for an inquiry) under the law of Tasmania into the prisoner’s conviction or sentence is pending;

the term of imprisonment remaining to be served by the prisoner compared with the estimated period for dealing with the request and issuing and executing an order of transfer;

whether the prisoner has been declared a dangerous criminal under the Dangerous Criminals and High Risk Offenders Act 2021.

A Ministerial request under section 5(1)(c) or (d) of the Act in respect of a prisoner’s request is to be accompanied by –

the prisoner’s request; and the reports and, if applicable, the assessments and other information referred to in regulations 5 and 7 relating to the prisoner; and a statement of the grounds on which the Minister’s request on the matter is based.

The Minister may, before consenting to or refusing a request referred to in section 8 of the Act, ask all or any of the following for advice on the merits or otherwise of the requested transfer:

the Parole Board established under the Corrections Act 1997;

the Director of Corrective Services;

the Secretary;

the Commissioner of Police.

For the purposes of considering a request referred to in section 10(1)(a) or (b) of the Act, the Attorney-General may (through the Minister if the Attorney-General is not also the Minister) – cause a report to be prepared on the prisoner in the same terms as a report that would be required to be sent under section 24(1)(c) of the Act if the prisoner were conveyed to the participating State; and in the case of a request under section 10(1)(a), advise the prisoner of the substance of the request and seek the prisoner’s comments on it.

If a prisoner has been advised, under subregulation (1)(b), of the substance of the request under section 10(1)(a) – the prisoner is to – put the prisoner’s comments on the request, if any, in writing; and give them to the gaoler of the prison where the prisoner is being detained, within 14 days after being advised of the request; and the gaoler must (through the Minister if the Attorney-General is not also the Minister) forward the prisoner’s comments to the Attorney-General as soon as practicable.

The Attorney-General, if the Attorney-General consents to a prisoner’s request, is to ensure that, in addition to the notice of consent, the Attorney-General of the participating State is given a copy of – the prisoner’s request; and the report referred to in subregulation (1)(a) on the prisoner.