Western Australian Consolidated Regulations

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PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 - REG 5

5 .         Request for transfer to a participating State

        (1)         For the purposes of section 5 of the Act, a written request to the Minister by a prisoner for transfer to a participating State (in this Part referred to as a “prisoner’s request”) shall be in or to the effect of Form 1.

        (2)         A prisoner’s request shall be signed by the prisoner and shall be forwarded through the superintendent of the prison where the prisoner is detained.

        (3)         A superintendent of a prison who receives a prisoner’s request shall — 

            (a)         prepare and attach to the request a statement of convictions and sentences in respect of which the prisoner is currently detained in custody, setting out any non-parole period as defined in the Sentence Administration Act 2003 section 7(1) specified and the current estimated date of release by remission;

            (b)         prepare and attach to the request a comprehensive report on the prisoner’s conduct and behaviour while in prison;

            (c)         forward a copy of the request to either the chief executive officer  2 or such other person as is in the opinion of the superintendent appropriate to the case, asking that the following be prepared and forwarded to the chief executive officer  2  — 

                  (i)         a detailed report on the request; and

                  (ii)         an expression of opinion as to whether or not the transfer of the prisoner to the participating State would be in the interests of the welfare of the prisoner;

                and

            (d)         forward the request to the chief executive officer  2 for consideration by the Minister.

        [Regulation 5 amended in Gazette 26 Jul 1985 p. 2641; 11 Dec 1987 p. 4370;9 May 2008 p. 1841.]



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