{"id":"F2005B02221","name":"Imprisonment and Custody of Offenders Ordinance 1998 (CI)","slug":"imprisonment-and-custody-of-offenders-ordinance-1998-ci","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436614,"registerId":"F2005B02221-fast-fetch-1775953755058","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Imprisonment and Custody of Offenders Ordinance 1998 (CI)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nTerritory of Christmas Island\n\nImprisonment and Custody of Offenders Ordinance 1998\n\nNo. 4 of 1998\n\nI, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following ordinance under the Christmas Island Act 1958.\n\nDated 12 November 1998.\n\nWILLIAM DEANE\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nIAN MACDONALD\n\nMinister for Regional Services, Territories and  Local Government\n\n \n\n![](image.001.png)\n\nTerritory of Christmas Island\n\nImprisonment and Custody of Offenders Ordinance 1998\n\nNo. 4 of 19981\n\nmade under the\n\nChristmas Island Act 1958\n\n \n\n \n\n \n\nAn ordinance to authorise the making of arrangements with the relevant authorities of Western Australia for the transfer of prisoners, and for related purposes\n\nContents\n\n Page\n\n 1 Name of ordinance 4\n\n 2 Commencement 4\n\n 3 Arrangements by Minister 4\n\n 4 Amendment of other laws of the Territory 4\n\n \n\nSchedule 1 Amendments of Territory laws 5\n\nPart 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)              5\n\nPart 2 Amendments of Justices Act 1902 (W.A.) (C.I.) 5\n\nPart 3 Amendment of Prisons Act 1981 (W.A.) (C.I.) 6\n\nPart 4 Amendments of Young Offenders Act 1994 (W.A.) (C.I.) 7\n\n \n\n \n\n## Do not delete : Part placeholder\n\nDo not delete : Division placeholder\n\n1 Name of ordinance\n\n  This ordinance is the Imprisonment and Custody of Offenders Ordinance 1998.\n\n2 Commencement\n\n  This ordinance commences on gazettal.\n\n3 Arrangements by Minister\n\n  For section 18 of the Christmas Island Act 1958, the Minister may make arrangements with the Government of Western Australia for:\n\n (a) the removal from the Territory to Western Australia of persons who have been sentenced to imprisonment by a court having jurisdiction in respect of the Territory, for the purpose of serving their sentences in Western Australia; or\n\n (b) the removal from the Territory to Western Australia of persons who have been found to be of unsound mind, for the purpose of detention and treatment in Western Australia.\n\n4 Amendment of other laws of the Territory\n\n  Schedule 1 amends:\n\n (a) the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.); and\n\n (b) the Justices Act 1902 (W.A.) (C.I.); and\n\n (c) the Prisons Act 1981 (W.A.) (C.I.); and\n\n (d) the Young Offenders Act 1994 (W.A.) (C.I.).\n\nSchedule 1 Amendments of Territory laws\n\n(section 4)\n\nPart 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)\n\n[1] After subsection 24 (1)\n\n insert\n\n (1A) To avoid doubt, the authorized hospital, declared place, detention centre or prison need not be in the Territory.\n\nPart 2 Amendments of Justices Act 1902 (W.A.) (C.I.)\n\n[2] Section 123\n\n omit\n\n On committing the defendant\n\n insert\n\n (1) On committing the defendant\n\n[3] Section 123\n\n insert\n\n (2) To avoid doubt, the place where the defendant is to be kept in custody need not be in the Territory.\n\n[4] After subsection 159 (2)\n\n insert\n\n (3) To avoid doubt, the place where the defendant is to be imprisoned need not be in the Territory.\n\nPart 3 Amendment of Prisons Act 1981 (W.A.) (C.I.)\n\n[5] Section 33\n\n substitute\n\n33 Provision of fare home on release\n\n (1) When a prisoner is released from prison, the chief executive officer may give him or her the means of returning to his or her home or usual place of residence in the Territory by causing his fare to be paid, or by providing transport.\n\n (2) However, subsection (1) does not entitle a person who was a prisoner outside the Territory to be given the means to return to the Territory if, after release, he or she became ordinarily resident outside the Territory.\n\nPart 4 Amendments of Young Offenders Act 1994 (W.A.) (C.I.)\n\n[6] Paragraph 118 (1) (a)\n\n substitute\n\n (a) impose a term of imprisonment under Part 13 of the Sentencing Act 1995 (W.A.) (C.I.); or\n\n[7] Subsection 118 (3)\n\n omit\n\nNote\n\n1. Made by the Governor-General on 12 November 1998, and notified in the Commonwealth of Australia Gazette on 13 November 1998.  Administered by the Minister for Regional Services, Territories and Local Government.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This ordinance appears to implement a narrow, targeted purpose: to permit Christmas Island offenders and persons found unsound of mind to be transferred to Western Australia and to amend the corresponding Western Australian statutes (as applied to the Territory) to allow custody off‑island. The instrument does not materially expand beyond that original purpose; it clarifies location rules and makes a limited change to post-release travel entitlement (substituted Prisons Act s33). It leaves substantive operational and financial arrangements to be settled between the Commonwealth Minister and the Government of Western Australia (section 3), but that delegation of detail is consistent with the ordinance's original, enabling scope."},"complexity_factors":["Short ordinance (4 substantive sections plus Schedule 1 amendments)","7 discrete amendment items in Schedule 1 across 4 WA Acts","Cross-references to multiple external Acts: Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.), Justices Act 1902 (W.A.), Prisons Act 1981 (W.A.), Young Offenders Act 1994 (W.A.), and Sentencing Act 1995 (W.A.)","Simple conditional rule in substituted Prisons Act s33(2) limiting fare obligation","A single broad discretionary power for the Minister to make arrangements (section 3) without layered conditions or procedural steps","Use of brief \"to avoid doubt\" clarifying inserts rather than extensive definitional material"],"plain_english_summary":"**What this ordinance does (mechanically)\n\n- Authorises the Commonwealth Minister to make formal arrangements with the Government of Western Australia to transfer people from Christmas Island to Western Australia for imprisonment or for detention and treatment when they are found to be of unsound mind (section 3).\n\n- Changes several Western Australian laws, as applied to Christmas Island, so that places of custody (hospitals, declared places, detention centres or prisons) do not have to be located on Christmas Island (Schedule 1, Parts 1–4: amendments to the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.), the Justices Act 1902 (W.A.), the Prisons Act 1981 (W.A.) and the Young Offenders Act 1994 (W.A.)).\n\n- Replaces a provision about paying a released prisoner’s fare home so that the chief executive officer (of prisons) may pay for or provide travel back to the prisoner’s home in the Territory, but not if a person who was imprisoned outside the Territory has become ordinarily resident outside the Territory after release (substituted section 33 of the Prisons Act in Schedule 1, Part 3).\n\nWho is affected\n\n- People sentenced to imprisonment by a court exercising jurisdiction for Christmas Island.\n- People found to be of unsound mind by those courts and who require detention and treatment.\n- Their families and support networks (because transfers to Western Australia affect distance and contact).\n- Commonwealth and Western Australian authorities: the Minister (Commonwealth) who negotiates arrangements, Western Australian correctional and health authorities who would receive transferred persons, and the chief executive officer responsible for prisoner releases (Prisons Act amendment).\n- Courts, police and prison administrators who must implement transfers and manage inter‑jurisdictional custody.\n\nWhy it matters (stated purpose and practical consequences)\n\n- Stated purpose: to enable the Territory to make arrangements with Western Australia so Christmas Island prisoners and persons found unsound of mind can serve sentences or be detained and treated in Western Australia (section 3 and Schedule 1 amendments).\n\n- Practical effects and implementation mechanics:\n  - Custody need not be physically on Christmas Island. The relevant WA Acts are amended so custodial places can be off‑island (Schedule 1, Part 1 and Part 2 inserts; see inserted subsections after Criminal Law (Mentally Impaired Defendants) s24(1) and Justices Act ss123 and 159(2)).\n  - The Minister has a discretion to negotiate the terms of removal and custody arrangements with WA (section 3). The ordinance does not prescribe detailed criteria, cost‑sharing or oversight mechanisms for those negotiations.\n  - When a prisoner is released, the chief executive officer may provide travel back to the prisoner’s home in the Territory but not where the released person becomes ordinarily resident outside the Territory after release (substituted Prisons Act s33(1)–(2), Schedule 1, [5]).\n\nCosts, incentives and trade‑offs\n\n- Who pays: the text gives the chief executive officer authority to pay or provide transport home on release (substituted s33(1)). The ordinance itself does not set out which government (Commonwealth or WA) pays for custodial costs, nor does it state fees or reimbursement arrangements — those are left to the intergovernmental arrangements the Minister is authorised to make (section 3).\n\n- Incentives and opportunity costs:\n  - The Commonwealth (and Christmas Island administration) can avoid building or running local prison or psychiatric detention infrastructure by relying on WA facilities. That reduces capital and operating costs for the Territory but creates ongoing dependence on external services.\n  - Western Australia will incur costs (or charge for services) in accepting transferred persons; the ordinance does not lock in how those costs are allocated, which creates negotiation leverage and potential for differing terms across agreements.\n\n- Administrative and compliance burdens:\n  - Courts, corrections and health administrators must manage transfers, record‑keeping and cross‑jurisdictional custody arrangements.\n  - Families and legal representatives may face increased travel costs, delay and reduced access to detained persons when custody is offshore.\n\nBureaucratic discretion, implementation risk and transparency\n\n- Broad discretion: the Minister is given a straight power to make arrangements with WA (section 3) but the ordinance does not require particular safeguards, reporting, minimum standards, or timeframes for transfers.\n\n- Implementation risks: potential disputes about cost allocation, delay in transfers, and reduced access for lawyers, advocates and families are not addressed in the text. The custodial location being outside the Territory may complicate oversight and complaints processes.\n\nEffects on private actors and markets\n\n- The ordinance has limited direct effect on private businesses. Indirectly:\n  - It may reduce demand for locally provided custodial services or facilities on Christmas Island (fewer infrastructure projects or local employment in custodial services).\n  - Private transport and legal services may see more demand (arranging travel, visits, legal representation across jurisdictions).\n\nConcentrated benefits and diffuse costs\n\n- Concentrated benefit: public authorities (Territory/Commonwealth) gain flexibility and cost avoidance by using existing WA facilities.\n- Diffuse costs: families, detainees and local service providers may bear travel, access and employment impacts; those costs are not itemised in the ordinance.\n\nConcrete statutory citations\n\n- Minister may make arrangements with WA: section 3.\n- Custodial places need not be in the Territory: Schedule 1, Part 1 (inserting s24(1A) in Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)) and Schedule 1, Part 2 (inserting subsections in the Justices Act 1902 (W.A.) (C.I.)).\n- Substituted provision on post‑release fare: Schedule 1, Part 3, substituted s33 of the Prisons Act 1981 (W.A.) (C.I.).\n- Young Offenders Act amendment to reference imprisonment under WA Sentencing Act: Schedule 1, Part 4, item [6].\n\nBottom line (neutral summary)\n\nThis ordinance permits the Commonwealth Minister to arrange for persons sentenced or found unsound of mind on Christmas Island to be transferred to Western Australia for imprisonment, detention or treatment, and it amends the relevant WA statutes (as applied to Christmas Island) so custodial places may be outside the Territory. It leaves key implementation details — cost allocation, standards, oversight and procedural safeguards — to the intergovernmental arrangements the Minister negotiates. The main operational consequence is shifting custodial responsibilities off‑island, with associated administrative, access and potential cost implications for detainees, their families and correctional authorities."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of enabling prisoner and mentally impaired person transfers to Western Australia. The amendments in Schedule 1 are purely consequential to this core function, clarifying that detention facilities need not be in the Territory. There is no scope creep beyond the original intent."},"complexity_factors":["Very short legislation (only 4 operative sections plus schedule of amendments)","Simple, single-purpose structure: authorise ministerial arrangements + consequential amendments","No defined terms section or complex interpretation provisions","Straightforward amendments using standard legislative drafting techniques (insert/omit/substitute)","Limited cross-referencing (only references to Christmas Island Act 1958 and specific WA Acts)","No nested exceptions or conditional logic beyond one simple exception in section 33(2) regarding post-release residence"],"plain_english_summary":"This law allows Christmas Island to send prisoners and mentally ill people to Western Australia for detention and treatment.\n\n**What it does:**\n- **Authorises prisoner transfers**: The Minister can arrange for people sentenced to prison by Christmas Island courts to serve their sentences in Western Australia instead.\n- **Covers mentally impaired people**: It also allows people found 'of unsound mind' (legally unfit to stand trial or not guilty due to mental illness) to be transferred to Western Australia for detention and treatment.\n- **Updates existing laws**: It amends four Western Australian laws that apply to Christmas Island to make clear that detention facilities don't have to be located on Christmas Island itself.\n- **Clarifies travel home**: When prisoners are released, the government can pay for them to return to Christmas Island — but only if they haven't moved to live permanently elsewhere.\n\n**Who it affects:**\n- Prisoners sentenced in Christmas Island courts\n- People found mentally unfit to stand trial or not guilty due to mental illness\n- The Western Australian prison and health systems (which receive these transferred individuals)\n\n**Why it matters:**\nChristmas Island is a small territory without its own prison system or mental health facilities capable of handling serious cases. This law creates a practical arrangement with Western Australia to handle imprisonment and mental health detention, ensuring the territory can enforce court sentences without building expensive infrastructure."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci","history":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci/history","analysis":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci/analysis","conflicts":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci/conflicts","importantCases":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci/important-cases","documents":"/api/acts/imprisonment-and-custody-of-offenders-ordinance-1998-ci/documents"}}