New South Wales Consolidated Acts

PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 23

23 Provisions ancillary to section 20

(1) The provisions of section 20 do not apply in respect of a person if:

(a) the Minister receives a written request made by the person, being a request for the person to serve the person’s imprisonment in New South Wales, and the Minister and:

(i) in the case of a person transferred from a participating State (being a person who is a State prisoner)-the corresponding Minister of the participating State,

(ii) in the case of a person transferred from a participating State (being a person who is a joint prisoner)-the corresponding Minister of the participating State and the Attorney-General of the Commonwealth, or

(iii) in the case of a person transferred from a Territory (being a person who is a joint prisoner)-the Attorney-General of the Commonwealth,

agree in writing that the person should serve the imprisonment in New South Wales, or

(b) an indeterminate sentence (not being a translated sentence) is imposed upon the person by a court of New South Wales.

(1A) In making a decision under subsection (1) (a), the Minister may have regard to any one or more of the following:

(a) the welfare of the person concerned,

(b) the administration of justice in this or any other State,

(c) the security and good order of any prison in this or any other State,

(d) the safe custody of the person,

(e) the protection of the community in this or any other State,

(f) any other matter the Minister considers relevant.

(2) For the purpose of section 20, a complaint or information alleging an offence by a person is finally dealt with if:

(a) the person is tried for the offence and:

(i) the time or extended time, if any, fixed by or under any Act, within which an appeal against, or an application for the review of, the decision given on the trial may be lodged, or within which a retrial may be ordered, has expired, and

(ii) any appeal or application for review in respect of the decision given on the trial has been determined or withdrawn and proceedings in respect of any retrial and any decision given on the retrial have been concluded, or

(b) the complaint or information is withdrawn or a nolle prosequi or similar instrument is filed in respect of the offence.

(3) For the purpose of determining which of the periods referred to in section 20 (b) is the shorter or longer:

(a) any entitlement to remissions shall be disregarded,

(b) a finite period of imprisonment shall be treated as being shorter than a period to be served under an indeterminate sentence,

(c) the expression “sentences of imprisonment” in section 20 (b) includes a translated sentence that was originally imposed by a court of New South Wales,

(d) the expression “translated sentence or translated sentences” in section 20 (b) does not include a translated sentence that was originally imposed by a court of New South Wales, and

(e) where a State sentence of imprisonment which a person became liable to serve in New South Wales (not being a translated sentence) is cumulative with a translated sentence or translated sentences originally imposed by a court other than a court of New South Wales, that translated sentence or those translated sentences shall be deemed:

(i) not to be a translated sentence or translated sentences, as the case may be, and

(ii) to be a sentence or sentences, as the case may be, which the person is liable to serve in New South Wales.