Western Australian Consolidated Regulations

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PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 - REG 23

23 .         Request to serve imprisonment in Western Australia

        (1)         Where a person who is liable to be transferred to a participating State pursuant to an order of transfer which may be issued under section 18 or 20 of the Act makes a written request to the Minister to serve imprisonment in Western Australia, the request shall — 

            (a)         be signed by the person;

            (b)         set out the grounds in support of the request; and

            (c)         be forwarded through the superintendent of the prison where the person is detained.

        (2)         The provisions of regulation 5(3) apply to and in respect of a request referred to in subregulation (1) in the same way as those provisions apply to and in respect of a prisoner’s request to which regulation 5 applies.

        (3)         The provisions of regulation 7(1) to (3) inclusive apply to and in respect of a request referred to in subregulation (1) in the same way as those provisions apply to and in respect of a prisoner’s request to which regulation 7 applies.

        (4)         If the Minister agrees to a person’s request referred to in subregulation (1), the Minister shall — 

            (a)         give written notice of the decision to the corresponding Minister of the participating State;

            (b)         enclose with the notice copies of the reports, information, documents and details which the Minister had regard to in considering the request; and

            (c)         seek the advice of the corresponding Minister as to whether or not that Minister agrees to the person’s imprisonment being served in Western Australia.



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