Commonwealth Consolidated Acts

TRANSFER OF PRISONERS ACT 1983 - SECT 11

             (1)  Where:

                     (a)  a court of summary jurisdiction of a State or Territory grants or refuses to grant an application for a trial transfer order made under section 8 or 9; and

                     (b)  the applicant in the proceedings before that court or the prisoner to whom the application relates is dissatisfied with that decision;

the applicant or the prisoner may, within a period of 14 days after the decision comes to his or her notice, apply to the Supreme Court of that State or Territory for a review of the decision, and the court may review that decision.

             (2)  A hearing of a proceeding on a review under this section of a decision relating to the transfer of a prisoner shall be held in the presence of the prisoner.

             (3)  For the purposes of the hearing of a proceeding before a Court under this section, the Court may make an order directed to the Superintendent or other officer in charge of the prison where the prisoner to whom the proceeding relates is detained requiring him or her to produce the prisoner at a time and place specified in the order.

             (4)  Where an order under subsection (3) 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.

             (5)  The review of a decision shall be by way of a rehearing and evidence in addition to, or in substitution for, the evidence given in the proceeding resulting in that decision may be given in or in connection with the review.

             (6)  Upon the review of a decision made upon an application for a trial transfer order, the Court shall:

                     (a)  affirm the decision under review; or

                     (b)  set aside the decision under review and make a decision in substitution for the decision under review.

             (7)  Where the Court sets aside the decision of a court of summary jurisdiction to refuse to grant an application for a trial transfer order and substitutes another decision, being a decision to grant that application:

                     (a)  the Court shall make the trial transfer order to which the application relates; and

                     (b)  that order has effect, for the purposes of all provisions of this Act other than this section, as if it had been made by the court of summary jurisdiction.