New South Wales Consolidated Acts

CHILDREN (INTERSTATE TRANSFER OF OFFENDERS) ACT 1988 - SECT 6

6 Arrangement for transfer from New South Wales

(1) An arrangement for the transfer of a young offender from New South Wales to another State must not be made unless:

(a) the young offender or a person responsible for the young offender applies for the transfer to be made, and

(b) the Director-General is of the opinion that the transfer is appropriate, having regard to all the circumstances, including:

(i) the place or intended place of residence of the parents or other relatives of the young offender, and

(ii) the present and future education, training or employment of the young offender, and

(iii) the medical or other needs of the young offender, and

(c) the young offender has been given independent legal advice of the effect of the arrangement, and

(d) the young offender consents to the arrangement, or the Director-General determines that the particular circumstances of the case indicate the arrangement should be made without the young offender’s consent, and

(e) the Director-General is satisfied that there is no appeal pending against an order of a court to which the young offender is subject.

(2) For the purpose of deciding whether or not to arrange for the transfer of a young offender from New South Wales to another State, the Director-General may ask:

(a) the young offender, or

(b) a person responsible for the young offender,

for any necessary information.

(3) The Director-General may refuse to make an arrangement if information sought under this section is not supplied within the time specified by the Director-General.

(4) This section does not apply to a further arrangement made for the purpose of rectifying an error.