INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 6 Prisoner's and prisoner's representative's consent to transfer

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 prisoner's close family member, or legal representative, (the prisoner's representative ) may consent to the prisoner's transfer under this Act if:

  (a)   the prisoner is not an adult; or

  (b)   the prisoner is incapable of consenting to the transfer.

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  (6)   A prisoner's or prisoner's representative's consent to transfer cannot be withdrawn after the prisoner leaves the country from which the prisoner is being transferred.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

"adult" means:

  (a)   in the case of a prisoner in Australia--a person of or above 18 years of age; and

  (b)   in the case of a prisoner in a transfer country or a Tribunal country--a person of or above the age that under the law of that country is the age at which a person is considered for legal purposes to be an adult.