CORRECTIONS ACT 1986 - SECT 56AC Transfers to and from transition centres

CORRECTIONS ACT 1986 - SECT 56AC

    (1)     The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a transition centre, or from a transition centre to a prison.

    (2)     The Secretary may only direct the transfer of a prisoner to a transition centre if—

        (a)     the Secretary is satisfied that adequate consideration has been given to the security and good order of the transition centre and the safety and welfare of the prisoner and members of the public; and

        (b)     the transfer is to occur not less than 3 months, and not more than 12 months, before the earliest possible release date of the prisoner; and

        (c)     a transitional activity plan has been developed for the prisoner that identifies the prisoner's rehabilitation or re-integration needs, and that proposes work, community work, education or other programs to address those needs.

    (3)     Without limiting the factors the Secretary may consider, for the purposes of subsection (2)(a) the Secretary must have regard to whether the prisoner—

        (a)     has a significant risk of self-harm;

        (b)     is an active drug user;

        (c)     has a history of violence;

        (d)     has a history of sexual offences or other offences that may make his or her presence at a transition centre inappropriate;

        (e)     has a history of escape, or presents a significant escape risk;

        (f)     has outstanding criminal charges or other legal or disciplinary matters pending.

Pt 8 Div. 2A (Heading and s. 56A) inserted by No. 70/1987 s. 8.

Division 2A—Absence to give evidence at foreign proceedings

S. 56A inserted by No. 70/1987 s. 8.