Western Australian Consolidated Regulations

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PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 - REG 7

7 .         Consideration of requests

        (1)         For the purposes of the Minister’s consideration of a prisoner’s request, the chief executive officer  2 may (or, if the Minister so requests, shall) supply to the Minister such medical, psychiatric or psychological reports or assessments in respect of the prisoner as are or may be made available to him.

        (2)         There shall be included in any report or assessment in respect of a prisoner furnished or caused to be furnished for the information of the Minister under this regulation any further information available to the person or authority furnishing the report or assessment, or causing the same to be furnished, which may be of assistance to the Minister in considering the prisoner’s request.

        (3)         Without affecting the Minister’s powers to form an opinion or exercise a discretion under Part II of the Act, the Minister, in considering a prisoner’s request, may have regard to the following matters — 

            (a)         whether the statutory period during which an appeal against the prisoner’s conviction or sentence may be made has expired;

            (b)         whether any appeal against the prisoner’s conviction or sentence has been finally dealt with;

            (c)         whether, so far as the Minister is aware, every prosecution notice alleging an offence by the prisoner against the law of Western Australia or the Commonwealth, or of any other State or of a Territory of Australia, has been finally dealt with;

            (d)         whether a petition for an inquiry, or an inquiry, under the laws of Western Australia into the prisoner’s conviction or sentence is pending;

            (e)         the term of imprisonment remaining to be served by the prisoner compared with the estimated period for dealing with the request and issuing and executing an order of transfer.

        [Regulation 7 amended in Gazette 11 Dec 1987 p. 4370; 9 May 2008 p. 1843.]



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