Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 10

             (1)  Subject to this section, a court of summary jurisdiction shall hear and determine an application for a trial transfer order made to it under section 8 or 9.

             (2)  Where, in a proceeding before a court of summary jurisdiction under this section with respect to an application for a trial transfer order, the court is satisfied that the applicant for that transfer order is entitled to make the application, the court:

                     (a)  shall, for the purposes of that proceeding, make an order directed to the Superintendent or other officer in charge of the prison where the prisoner to whom the application relates is detained requiring him or her to produce the prisoner at a time and place specified in the order; and

                     (b)  shall not continue with the hearing of the proceeding except in the presence of the prisoner.

             (3)  Where an order under subsection (2) for the production of a prisoner is served on the Superintendent or officer to whom it is directed, the Superintendent or officer, as the case may be, shall:

                     (a)  cause a copy of the order to be given to the prisoner forthwith; and

                     (b)  produce the prisoner, in such custody as he or she thinks fit, in accordance with the order.

             (4)  Where a court of summary jurisdiction to which an application for a trial transfer order has been made under section 8 or 9 is satisfied that the applicant for that transfer order is entitled to make that application, the court shall grant the application unless it is satisfied that:

                     (a)  the charge concerned is of a trivial nature; or

                     (b)  the application has not been made in good faith in the interests of the administration of justice; or

                     (c)  the transfer of the prisoner in pursuance of such a trial transfer order would be likely to prejudice the conduct of any proceeding in which the prisoner is, or is likely to be, an appellant or an applicant for review or of any proceeding incidental to such a proceeding; or

                     (d)  for any reason, it would be unjust or oppressive to grant the application;

and if it is satisfied as to a matter referred to in a paragraph of this subsection, it shall refuse to grant the application.

             (5)  Where a court of summary jurisdiction grants an application for a trial transfer order, it shall make the order to which the application relates.

             (6)  A trial transfer order made under subsection (5) shall not come into force:

                     (a)  if application for review of the decision to grant the application for that transfer order is not made under subsection 11(1) within a period of 14 days after the decision comes to the notice of the prisoner--until the expiration of that period; or

                     (b)  if application for review of such a decision is made under subsection 11(1) within the period referred to in paragraph (a)--unless and until the decision is affirmed.

             (7)  Where a court of summary jurisdiction makes a decision under this section granting, or refusing to grant, an application for a trial transfer order, the court shall cause a copy of that decision to be served on the prisoner to whom the decision relates.

             (8)  A copy of a decision served on a prisoner in accordance with subsection (7) shall be accompanied by a statement informing the prisoner that if he or she is dissatisfied with the decision he or she may, in accordance with section 11 of this Act, make application to the Supreme Court of the State or Territory in which he or she is imprisoned for a review of that decision.