Western Australian Consolidated Regulations[r. 5(1), 10, 13(1), 14(1), 15(1), 16, 17, 19, 20, 22, 24, 30, 31]
[Heading inserted in Gazette 9 May 2008
p. 1843.]
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(1) Full name and aliases by which known. |
Form 1 Request by a prisoner for transfer to a participating
State for the prisoner’s welfare ( Prisoners (Interstate Transfer) Act 1983 — Section 5) I, (1) ( The following questions are to answered by the prisoner ) |
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Q. Has any appeal been lodged against the
prisoner’s conviction or sentence? Q. If so, has the appeal been determined? Q. Is there any outstanding charge, prosecution
notice against the prisoner under the law of Western Australia or the
Commonwealth, or any other State or a Territory of Australia yet to be dealt
with or determined? Q. Has there been any petition for, or is there
pending, any inquiry into the prisoner’s conviction or sentence? |
A.
A.
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(2) If space insufficient, set out ground on additional sheet. |
The request is made on the following grounds — (2) ( See regulation 6 of the Prisoners (Interstate
Transfer) Regulations 1984, printed below ) For the purposes of this request I acknowledge that reports, assessments or
other information obtained or supplied in respect of me may be sent to the
appropriate Minister in the participating State. I understand that, upon transfer — (a) the
sentence(s) of imprisonment imposed upon me in Western Australia shall be
deemed to have been imposed upon me in the participating State; (b) I
will be subject to the provisions of any rules, regulations, etc., applying to
prisoners in that State; and (c) I
may be subject to reclassification under those provisions. Signed Date Regulation 6, Prisoners (Interstate Transfer) Regulations 1984
— Statements in support of prisoner’s request. 6. A prisoner’s request shall include
statements as to — (a)
family or near family support in the participating State, including the
availability of accommodation upon the prisoner’s release from prison; (b)
family or other social circumstances that may benefit the welfare of the
prisoner either during imprisonment or following release from prison; (c)
medical reasons (if any) in support of the request; (d)
prospects of employment following release from prison; and (e) any
other matters which the prisoner wishes to put forward in support of the
request. |
[Form 1 amended in Gazette 9 May 2008
p. 1842 and 1843.]
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Form 2 [Reg. 10] Order of transfer to participating State for Prisoner’s welfare (
Prisoners (Interstate Transfer) Act 1983 — Section 6) TO the superintendent of the prison at AND TO the escort(s) for the purposes of executing this order. WHEREAS: (b) I, the Minister for Corrective Services in the State of Western Australia,
following receipt of a written request from the prisoner for transfer to a
participating State, am of the opinion that, in the interests of the welfare
of the prisoner, the prisoner should be transferred to the State/Territory of
(c) The corresponding Minister of the participating State has given written
consent to the transfer of the prisoner to the participating State: NOW, THEREFORE, I HEREBY COMMAND YOU — (d) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order, into the custody
of the abovementioned escort(s): (e) The abovementioned escort(s), forthwith to take and safely keep custody of
the prisoner for the purpose of conveying the prisoner from the State of
Western Australia to the participating State and there delivering the
prisoner, together with this order, into the custody of the superintendent of
the prison at GIVEN under my hand this day Minister for Corrective Services. |
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Form 3 [Reg. 13(1)] Request by prisoner for transfer to a participating
State, to be dealt with according to law ( Prisoners (Interstate Transfer) Act 1983 — Section 10(1)(b))
I, (1) Details of the outstanding offence(s) alleged against me are as
follows — (2) There is no outstanding charge, prosecution notice against me in Western
Australia yet to be dealt with or determined according to law or any prison
offence, nor is there any appeal pending in respect of me in Western
Australia. ( If any matters are outstanding or pending, delete paragraph and insert
details hereunder ) Signed Date |
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NOTE: If outstanding offences alleged against the prisoner occurred in more
than one participating State, a separate request is to be made in respect of
each participating State. |
[Form 3 amended in Gazette 9 May 2008
p. 1843.]
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(2) Date. (3) Court. (4) Short description. |
Form 4 [Reg. 14(1)] Certificate of prescribed officer ( Prisoners (Interstate Transfer) Act 1983 —
Section 11(2)) WHEREAS: (a) (1) (b) The prisoner is the subject of an arrest warrant issued in accordance with
the law of the State/Territory of , (c) The Attorney General of Western Australia has received — * from the Attorney
General of the participating State a written request given under the provision
of an interstate law that corresponds to section 16 of the Act,
accompanied by a copy of the arrest warrant; * a written request
made by the prisoner to the Minister for Corrective Services and referred to
the Attorney General of Western Australia; being a request for the transfer of the prisoner to the participating State to
be dealt with according to law. * Strike out whichever is not applicable. NOW, I, the chief executive officer of the Department of the Attorney General,
the prescribed officer for the purposes of section 11(2) of the Act, do
hereby certify that the *consent(s) (and request) required under
section 11(1) of the Act have been given or made for the transfer of the
prisoner to the participating State to be dealt with according to law. GIVEN under my hand this day of Chief Executive Officer, |
[Form 4 amended in Gazette 9 May 2008
p. 1842.]
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(1) Name of applicant. |
Form 5 [Reg. 15(1)] Application to Magistrates Court for the issue
of an order of transfer ( Prisoners (Interstate Transfer) Act 1983 —
Section 12(1)) I, (1) The prisoner was on (3) The prisoner is the subject of an arrest warrant issued in accordance with the
law of the participating State. I attach a certificate issued in accordance with section 11(2) of the Act
certifying that the necessary *consent(s) (and request) required under
section 11(1) of the Act for the transfer of the prisoner to the
participating State have been given or made. I ask that an order in writing be issued by the court, in accordance with
section 12(1) of the Act, directing the superintendent of the above-named
prison to bring the prisoner before the court for determination as to whether
an order of transfer shall be issued. * Strike out whichever is not applicable. TAKE NOTICE that this application will be heard and determined at the
Magistrates Court at An order in writing under section 12(1) of the Act has been made
directing that the prisoner be brought before the Court on the abovementioned
date. To the applicant. |
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Note: This application is to be filed at the Magistrates Court in
quadruplicate. |
[Form 5 amended in Gazette 9 May 2008
p. 1842 and 1843.]
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Form 6 [Reg. 16] Order directing superintendent to bring prisoner before the Court ( Prisoners (Interstate Transfer) Act 1983 — Section 12(1)
or 14(2)) TO the superintendent of the prison at WHEREAS , NOW, I, GIVEN under my hand at in the ...................................................... Designation: |
[Form 6 amended in Gazette 9 May 2008
p. 1842.]
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(2) Date. (3) Court. (4) Short description. (6) Place. |
Form 7 [Reg. 17(1)] Order of transfer to participating State for prisoner’s trial
(issued by Magistrates Court) ( Prisoners (Interstate Transfer) Act 1983 — Section 13) TO the superintendent of the prison at in the State of Western Australia. AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (1) (in this order referred to as “the prisoner”) was on (2) at (3) , in the State of Western Australia, for the offence(s) of (4) sentenced to (5) imprisonment: (b) It has been established to the satisfaction of the undersigned
Magistrate constituting a Magistrates Court NOW, I, the undersigned Magistrate, constituting the abovenamed Magistrates
Court issue this order for the transfer of the prisoner to the participating
State to be dealt with according to law. I, THEREFORE, HEREBY COMMAND YOU — (c) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order, into the custody
of the abovementioned escort(s): (d) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from the
State of Western Australia to the participating State and there delivering the
prisoner, together with this order, into the custody of the superintendent of
the prison at in the participating State: and for your so doing, this order shall be your sufficient authority. GIVEN under my hand this day of 20 , Magistrate. |
[Form 7 amended in Gazette 9 May 2008
p. 1843.]
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(1) Full name. (2) Date. (3) Court. (4) Short description. (7) Applicant for review. |
Form 8 [Reg. 17(2)] Order of transfer to participating State for prisoner’s trial
(issued by Supreme Court) ( Prisoners (Interstate Transfer) Act 1983 — Section 14(6)) TO the superintendent of the prison at in the State of Western Australia. AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (1) was on (2) at (3) in the State of Western Australia, for the offence(s) of (4) sentenced to (5) imprisonment: (b) On (2) (c) The (7) was dissatisfied with the decision of the Magistrates Court and applied to the
Supreme Court of Western Australia for a review of the decision. NOW, I, the undersigned Judge of the Supreme Court of Western Australia,
having reviewed the decision of the Magistrates Court, hereby quash the
decision, AND, it having been established to my satisfaction that the prisoner
is the subject of an arrest warrant issued in accordance with the law of the
participating State and that the Attorney General of Western Australia and the
Attorney General of the participating State have consented to or requested, as
the case may be, the transfer of the prisoner to the participating State to be
dealt with according to law, DO issue this order for the transfer of the
prisoner to the I, THEREFORE, HEREBY COMMAND YOU — (d) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order, into the custody
of the abovementioned escort(s): (e) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from the
State of Western Australia to the participating State and there delivering the
prisoner, together with this order, into the custody of the superintendent of
the prison at GIVEN under my hand this day of , Judge of the Supreme Court of Western Australia. |
[Form 8 amended in Gazette 9 May 2008
p. 1843.]
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(1) Full name. (2) Date. (3) Court. (4) Short description. |
Form 9 [Reg. 19] Order of transfer to return person to participating
State after being dealt with according to law ( Prisoners (Interstate Transfer) Act 1983 — Section 18)
TO the superintendent of the prison at WHEREAS: (a) (1) (in this order referred to as “the prisoner”) was on (2) at (3) in the State/Territory of , a participating State for the purposes of the Prisoners (Interstate Transfer) Act 1983
(in this order referred to as “the Act”), for the offence(s) of (4) sentenced to (5) imprisonment: (b) The prisoner was transferred to the State of Western Australia from
the abovenamed participating State pursuant to an order of transfer issued
under a provision of the interstate law of that participating State for the
purpose of being dealt with according to law: (c) So far as I, the Minister for Corrective Services in the State of
Western Australia, am aware, every prosecution notice or charge alleging any
offence by the prisoner against the law of Western Australia or any prison
offence has been finally dealt with or determined according to law and as a
result the prisoner — (6) did not become liable to serve any sentence of
imprisonment in Western Australia; or AND the term of imprisonment remaining to be served in Western Australia is
shorter than the period of imprisonment remaining to be served by the prisoner
under any section 25 sentence or section 25 sentences. NOW, THEREFORE, I, the Minister for Corrective Services in the State of
Western Australia, pursuant to the provisions of section 18 of the Act,
issue this order for the transfer of the prisoner to the participating State
to serve the period of imprisonment remaining to be served by the prisoner in
that State. I, HEREBY COMMAND YOU — (d) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order into the custody
of the abovementioned escort(s): (e) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from the
State of Western Australia to the participating State and there delivering the
prisoner, together with this order, into the custody of the superintendent of
the prison at in the participating State: and for your so doing, this order shall be your sufficient authority. GIVEN under my hand this day of , 20 , at Perth in the State of
Western Australia. Minister for Corrective Services. |
[Form 9 amended in Gazette 9 May 2008
p. 1843-4.]
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(1) Full name. (2) Date. (3) Court. (6) Short description of proceedings (section 19(c)). |
Form 10 [Reg. 20] Order of transfer to return person to participating State
to attend appeal ( Prisoners (Interstate Transfer) Act 1983 — Section 19) TO the superintendent of the prison at in the State of Western Australia. AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (1) was on (2) at (3) in the State/Territory of , a participating State for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this
order referred to as “the Act”), for the offence(s) of (4) sentenced to (5) imprisonment: (b) The prisoner was transferred to the State of Western Australia from
the abovenamed participating State pursuant to an order of transfer issued
under a provision of the interstate law of that participating State for the
purpose of being dealt with according to law: (c) Under a law of the participating State, the prisoner is entitled to
be present at proceedings in the participating State with respect to (6) (d) The prisoner has made an application in writing to the Minister for
Corrective Services in the State of Western Australia to be present at those
proceedings and, so far as I, the Minister for Corrective Services am aware,
every prosecution notice or charge alleging any offence by the prisoner
against the law of Western Australia or any prison offence has been finally
dealt with according to law. NOW, THEREFORE, I, pursuant to the provisions of section 19 of the Act,
not being of the opinion that it is contrary to the public interest to do so,
issue this order for the transfer of the prisoner to the participating State
to enable the prisoner to be present at those proceedings. I HEREBY COMMAND YOU — (e) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order, into the custody
of the abovementioned escort(s): (f) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from the
State of Western Australia to the participating State and there delivering the
prisoner, together with this order into the custody of the superintendent of
the prison at in the participating State: and for your so doing, this order shall be your sufficient authority. GIVEN under my hand this day of , 20 , at Perth in the State of
Western Australia. Minister for Corrective Services. |
[Form 10 amended in Gazette 9 May 2008
p. 1843-4.]
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(1) Full name. (2) Date. (3) Court. (5) Aggregate term. |
Form 11 [Reg. 22] Order of transfer to return person to participating
State after attending appeal ( Prisoners (Interstate Transfer) Act 1983 — Section 20) TO the superintendent of the prison at in the State of Western Australia. AND TO the escort(s) for the purposes of executing this order. WHEREAS: was on (2) at (3) in the State/Territory of , a participating for the offence(s) of (4) sentenced to (5) imprisonment: (c) Those proceedings have been determined, and (6) the prisoner is liable to serve the balance of
a period of imprisonment under a section 25 sentence or section 25
sentences and is not liable to serve in the State of Western Australia any
other sentence of imprisonment; or (6) the balance of a sentence of imprisonment
under a section 25 sentence or section 25 sentences liable to be
served by the prisoner is longer than any period of imprisonment which the
prisoner is liable to serve in the State of Western Australia under any other
sentence or sentences of imprisonment. NOW, THEREFORE, I, the Minister for Corrective Services in the State of
Western Australia, pursuant to the provisions of section 20 of the Act,
issue this order for the transfer of the prisoner to the participating State
to serve the period of imprisonment remaining to be served by the prisoner in
that State: I HEREBY COMMAND YOU — (d) The superintendent of the abovenamed prison in the State of Western
Australia, to deliver the prisoner, together with this order, into the custody
of the abovementioned escort(s): (e) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from the
State of Western Australia to the participating State and there delivering the
prisoner, together with this order, into the custody of the superintendent of
the prison at in the participating State: and for your so doing, this order shall be your sufficient authority. GIVEN under my hand this day of , 20 , at Perth in the State of Western
Australia. Minister for Corrective Services. |
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(1) Full name. (2) Date. (3) Court. (5) Aggregate term. |
Form 12 [Reg. 24] Order of imprisonment following agreement of Ministers that a person
should serve imprisonment in Western Australia ( Prisoners (Interstate Transfer) Act 1983 — Section 21(1)(a))
TO the superintendent of the prison at in the State of Western Australia. WHEREAS: (a) (1) (in this order referred to as “the prisoner”) was on (2) at (3) the State/Territory of , a participating sentenced to (5) imprisonment: (b) The prisoner was transferred to Western Australia pursuant to the Act
for the purpose of being dealt with according to law: (c) The prisoner was on (2) (d) By reason of the shorter sentence of imprisonment imposed in Western
Australia, the prisoner is liable to be transferred back to the participating
State pursuant to the provisions of Part IV of the Act to serve the longer
sentence of imprisonment: (e) The prisoner has made a written request to the Minister for
Corrective Services to serve the longer sentence of imprisonment in Western
Australia. (f) The corresponding Minister of the participating State and I, the
Minister for Corrective Services in Western Australia, have agreed in writing
that it is in the interests of the welfare of the prisoner that the prisoner
should serve the longer sentence of imprisonment in Western Australia. NOW, THEREFORE, THIS IS TO COMMAND YOU, the superintendent of the abovenamed
prison, to receive the prisoner into your custody for the purpose of serving
the longer sentence of imprisonment in accordance with the provisions of the
Act: GIVEN under my hand this day of , Minister for Corrective Services. |
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(1) Full name. |
Form 13 [Reg. 30] Warrant ordering person to be returned to the participating
State in which an order of transfer was issued ( Prisoners (Interstate Transfer) Act 1983 — Section 30(2)) TO the senior officer of police at in Western Australia, and to all other members of the police force in Western Australia. in Western Australia. AND TO the escort(s) for the purposes of the Prisoners (Interstate Transfer)
Act 1983 (in this warrant referred to as “the Act”). WHEREAS: (a) (1) (in this warrant referred to as “the prisoner”), a person subject
to an order of transfer issued under an interstate law of the State/Territory
of a participating State for the purposes of the Act, being a person in lawful custody pursuant to the
provisions of section 29 of the Act for transit through Western Australia
was, before a justice at * escaped from such lawful custody; or attempted
to have escaped from such lawful custody: (b) Notwithstanding the terms of the order of transfer issued in the
abovenamed participating State, it was ordered by that justice that the
prisoner be returned to the participating State and, for that purpose, it was
also ordered that the prisoner be delivered to an escort. I, THEREFORE, HEREBY COMMAND YOU — (c) The abovementioned senior officer of police and all other members of
the police force in Western Australia, and the superintendent of the
abovenamed prison, as the case may be, to receive the prisoner and detain the
prisoner in your custody — (i)
until the prisoner is delivered into the custody of the
escort(s) to whom this warrant is directed, together with this warrant, for
the purpose of being returned to the participating State; or (ii)
until the expiration of a period of 7 days from the
date of this warrant, whichever first occurs: (d) The abovementioned escort(s), forthwith to take and safely keep
custody of the prisoner for the purpose of conveying the prisoner from Western
Australia to the participating State: In the event of the prisoner’s not being delivered into the custody of
an escort to whom this warrant is directed within a period of 7 days from
the date of this warrant, the warrant shall have no further effect and the
prisoner shall be discharged in respect thereof. GIVEN under my hand this day of , Justice of the Peace. |
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Form 14 [Reg. 31] Application to a Magistrates Court to
revoke an order of transfer ( Prisoners (Interstate Transfer) Act 1983 — Section 32) I, of a , hereby make application The application is made on the ground(s) that the prisoner has committed the
following offence(s): TAKE NOTICE that this application will be heard and determined at the
Magistrates Court at on the day of 20 , at 10 a.m. To the applicant. | |
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Note: This application is to be filed at the Magistrates Court in triplicate. |
[Form 14 amended in Gazette 9 May 2008
p. 1842 and 1843.]
[Schedule 1 amended in Gazette
11 Dec 1987 p. 4370.]