CORRECTIVE SERVICES ACT 2006 - SECT 68
Transfer to another corrective services facility or a health institution
CORRECTIVE SERVICES ACT 2006 - SECT 68
Transfer to another corrective services facility or a health institution
68 Transfer to another corrective services facility or a health institution
(1) The chief executive may, by written order, transfer a prisoner from a
corrective services facility to—
(a) subject to section 68A, another
corrective services facility; or
(b) a place for—
(i) medical or
psychological examination or treatment; or
(ii) examination or treatment for
substance dependency.
(2) The order may include the conditions the chief
executive reasonably considers necessary to effect the transfer.
(3) The
prisoner must be escorted by a corrective services officer or police officer.
(4) The prisoner may be detained in a place for as long as is necessary or
convenient to give effect to the order.
(5) If a prisoner is transferred to
an authorised mental health service and becomes a classified patient under the
Mental Health Act 2016, the patient is taken to be in the custody of the
administrator of the patient’s treating health service under that Act.
(6)
The Judicial Review Act 1991, parts 3 , 4 and 5 , other than section 41(1) ,
do not apply to a decision made, or purportedly made, under this section about
transferring a prisoner.
Note—
The Judicial Review Act 1991, part 3 deals
with statutory orders of review, part 4 deals with reasons for decisions and
part 5 deals with prerogative orders and injunctions.
(7) In this
section—
"decision" includes a decision affected by jurisdictional error.