New South Wales Consolidated Acts

PRISONERS (INTERSTATE TRANSFER) ACT 1982 - SECT 7

7 Requests for, and orders of, transfer

(1) Where the Minister:

(a) receives a written request made by a State prisoner serving a sentence of imprisonment in New South Wales for the transfer of the prisoner to a participating State or to a Territory, and

(b) is of the opinion that the prisoner to whom the request relates should be transferred to the participating State or the Territory,

the Minister shall:

(c) where the request is for the transfer of the prisoner to a participating State-give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State, and

(d) where the request is for the transfer of the prisoner to a Territory-give to the Attorney-General of the Commonwealth a written request asking the Attorney-General to consent to that transfer.

(2) Where the Minister:

(a) has:

(i) in respect of a request made by a State prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (1) (c), and

(ii) received from that Minister written notice of consent to the transfer of the prisoner to the participating State, or

(b) has:

(i) in respect of a request made by a State prisoner for a transfer to a Territory, given to the Attorney-General of the Commonwealth a written request under subsection (1) (d), and

(ii) received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to the Territory,

the Minister may issue an order for the transfer of the prisoner to the participating State or the Territory, as the case may be.

(3) Where the Minister:

(a) receives a written request made by a joint prisoner serving a sentence of imprisonment in New South Wales for the transfer of the prisoner to a participating State, and

(b) is of the opinion that the prisoner to whom the request relates should be transferred to the participating State,

the Minister shall give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of a prisoner to that participating State.

(4) Where the Minister has:

(a) in respect of a request by a joint prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (3), and

(b) received from that Minister written notice of consent to the transfer of the prisoner to the participating State,

the Minister may issue an order for the transfer of the prisoner to the participating State.

(5) Where a joint prisoner is serving a sentence of imprisonment in New South Wales and the Minister:

(a) receives a written request made by the prisoner for the transfer of the prisoner to a Territory, and

(b) is of the opinion that the prisoner to whom the request relates should be transferred to the Territory,

the Minister may issue an order for the transfer of the prisoner to the Territory.

(6) A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal.