Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 6

(1)

A prisoner may consent to his or her transfer under this Act only if:

(a) the prisoner is an adult; and
(b) the prisoner is capable of consenting to the transfer.

(2)

A person may consent to the transfer under this Act of a prisoner who is a child or who is incapable of consenting to his or her transfer if the person is the prisoner's parent, guardian or legal representative (in this Act called the prisoner's representative ).

(3)

A prisoner or prisoner's representative must be informed, through an interpreter if necessary, in language (including sign language or braille) in which the prisoner or prisoner's representative is able to communicate with reasonable fluency, of the legal consequences of transfer of the prisoner under this Act before consenting to the transfer.

(4)

The prisoner's or prisoner's representative's consent to transfer must be accompanied by certification by the prisoner or prisoner's representative that he or she has been so informed.

(5)

For the purposes of this section, a prisoner is incapable of consenting to his or her transfer if the prisoner is an adult who:

(a) is incapable of understanding the general nature and effect of the transfer; or
(b) is incapable of indicating whether he or she consents or does not consent to a transfer.

(6)

A prisoner's or prisoner's representative's consent to transfer cannot be withdrawn after the prisoner leaves the country from which the prisoner is being transferred.

(7)

In this section: