{"id":"nsw:act-1997-144","name":"International Transfer of Prisoners (New South Wales) Act 1997","slug":"international-transfer-of-prisoners-new-south-wales-act-1997","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"144 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105410,"registerId":"nsw-act-1997-144-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [International Transfer of Prisoners (New South Wales) Act 1997](/view/html/inforce/current/act-1997-144).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> The object of this Act is to give effect to the scheme for the international transfer of prisoners set out in the Commonwealth Act by enabling such prisoners to be transferred to and from this jurisdiction.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > Commonwealth Act means the [International Transfer of Prisoners Act 1997](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > corresponding law means a law of another State that provides for the international transfer of prisoners.\n> > \n> > function includes a power, authority or duty.\n> > \n> > State includes a Territory.\n> > \n> > this jurisdiction means New South Wales.\n> > \n> > War Crimes Tribunal means the Former Yugoslavia Tribunal or Rwanda Tribunal within the meaning of the Commonwealth Act.\n> \n> > (2) If an expression is defined in the Commonwealth Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\n> \n> > (3) In this Act, a reference to the Commonwealth Act includes a reference to—\n> > \n> > > (a) that Act as amended and in force for the time being, and\n> > \n> > > (b) an Act enacted in substitution for that Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"#### 5 Notes\n\n5 Notes\n\n> Notes in the text of this Act do not form part of this Act.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conferral of functions","content":"# Part 2 Conferral of functions\n\nPart 2 Conferral of functions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Powers and functions of Minister","content":"#### 6 Powers and functions of Minister\n\n6 Powers and functions of Minister\n\n> > (1) A Minister of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the Minister by or under the Commonwealth Act and may delegate to an authorised person any such function.\n> \n> > (2) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) the head, or other member of staff, of a government department administered by a Minister referred to in subsection (1), or\n> > \n> > > (b) any person prescribed by the regulations or belonging to a class of persons prescribed by the regulations.\n> > \n> > Minister includes any Minister who under the law of this jurisdiction can act for and on behalf of the Minister.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Powers and functions of prison officers, police officers and others","content":"#### 7 Powers and functions of prison officers, police officers and others\n\n7 Powers and functions of prison officers, police officers and others\n\n> > (1) A prison officer, police officer and any other official of this jurisdiction may exercise and perform any function conferred or expressed to be conferred on the official—\n> > \n> > > (a) by or under the Commonwealth Act or a corresponding law, or\n> > \n> > > (b) in accordance with any arrangements referred to in section 8.\n> \n> > (2) It is lawful for a prison officer, police officer or other official of this jurisdiction—\n> > \n> > > (a) to hold and deal with any prisoner in accordance with the terms of a warrant issued under the Commonwealth Act in respect of the prisoner, and\n> > \n> > > (b) to take any action in respect of a prisoner transferred, or to be transferred, to or from Australia in accordance with the Commonwealth Act that the official is authorised to take by or under that Act.\n> \n> > (3) In this section, a reference to a prison officer is a reference to a correctional officer within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> Note—\n> \n> A number of provisions of the Commonwealth Act require State officials to exercise functions. For example, a warrant may be issued under section 30 of the Commonwealth Act requiring a prison officer, police officer or other person to escort a prisoner who is being transferred. A police officer of this jurisdiction may arrest a person escaping from custody under section 56 of the Commonwealth Act.\n> \n> **s 7:** Am 1999 No 94, Sch 4.32 \\[1\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Arrangements for administration of Act","content":"#### 8 Arrangements for administration of Act\n\n8 Arrangements for administration of Act\n\n> > (1) The Governor may, in accordance with section 50 of the Commonwealth Act, make arrangements for the administration of that Act, including arrangements relating to the exercise by officers of this jurisdiction of functions under the Commonwealth Act.\n> \n> > (2) An arrangement may be varied or terminated in accordance with the Commonwealth Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Annual report","content":"#### 9 Annual report\n\n9 Annual report\n\n> > (1) The State Minister is to prepare an annual report for presentation to each House of Parliament on each relevant decision made by the State Minister during the year and of the reasons for that decision.\n> \n> > (2) It is sufficient compliance with this section if the annual report is included in the annual reporting information for any Department for which the Minister is responsible prepared under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) and the regulations under that Act.\n> \n> > (3) In this section—\n> > \n> > relevant decision means—\n> > \n> > > (a) a consent, or refusal to consent, to the transfer of a prisoner from Australia on the terms proposed by a transfer country under section 20 (2) of the Commonwealth Act, or\n> > \n> > > (b) a consent, or refusal to consent, to the transfer of a prisoner to Australia under section 27 (4) of the Commonwealth Act, or\n> > \n> > > (c) a consent, or refusal to consent, to the transfer of a Tribunal prisoner to Australia under section 36 (3) of the Commonwealth Act.\n> \n> Note—\n> \n> The State Minister is defined in the Commonwealth Act as the Minister of the State administering the law of the State relating to the transfer of prisoners.\n> \n> **s 9:** Am 2018 No 70, Sch 4.57.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement of sentences of imprisonment of transferred prisoners","content":"# Part 3 Enforcement of sentences of imprisonment of transferred prisoners\n\nPart 3 Enforcement of sentences of imprisonment of transferred prisoners","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Prisoners transferred to Australia","content":"#### 10 Prisoners transferred to Australia\n\n10 Prisoners transferred to Australia\n\n> > (1) Any relevant enforcement law applies to and in respect of a prisoner who is transferred to Australia under the Commonwealth Act to complete serving a sentence of imprisonment in this jurisdiction that was imposed by a court or tribunal of a transfer country (or by a War Crimes Tribunal) in the same way as the enforcement law applies to and in respect of a federal prisoner serving a sentence of imprisonment in this jurisdiction that is imposed under a law of the Commonwealth.\n> \n> > (2) Without limiting subsection (1), enforcement laws relating to the following matters are applicable to a prisoner or Tribunal prisoner who is transferred to Australia under the Commonwealth Act—\n> > \n> > > (a) conditions of imprisonment and treatment of prisoners,\n> > \n> > > (b) release on parole of prisoners,\n> > \n> > > (c) classification and separation of prisoners,\n> > \n> > > (d) removal of prisoners from one prison to another,\n> > \n> > > (e) removal of prisoners between prisons and hospitals or other places or between one hospital or other place and another,\n> > \n> > > (f) treatment of mentally impaired prisoners,\n> > \n> > > (g) eligibility for participation in prison programs, including release under a pre-release permit scheme (however called),\n> > \n> > > (h) temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training),\n> > \n> > > (i) transfer of prisoners between States.\n> \n> > (3) Any direction given by the Attorney-General of the Commonwealth under section 44 of the Commonwealth Act concerning enforcement of such a sentence of imprisonment is to be given effect in this jurisdiction.\n> \n> > (4) Any direction given by the Attorney-General of the Commonwealth under section 49 of the Commonwealth Act concerning a prisoner referred to in subsection (1) who is pardoned or granted amnesty or commutation of sentence of imprisonment as referred to in that section is to be given effect in this jurisdiction.\n> \n> > (5) In this section—\n> > \n> > enforcement law means—\n> > \n> > > (a) any law of this jurisdiction, or\n> > \n> > > (b) any law of the Commonwealth or another State, or\n> > \n> > > (c) any practice or procedure lawfully observed,\n> > \n> > concerning the detention of prisoners.\n> > \n> > prison, in relation to a law of this jurisdiction, means a correctional centre within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > prisoner, in relation to a law of this jurisdiction, means an inmate within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> Note—\n> \n> See Part 1B of the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth in relation to the imprisonment and release of prisoners. In particular, see sections 19A (Detention of person in State or Territory prisons) and 19AA (Remissions and reductions of sentences) and Division 5 (Conditional release on parole or licence).\n> \n> **s 10:** Am 1999 No 94, Sch 4.32 \\[2\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Prisoners transferred from Australia","content":"#### 11 Prisoners transferred from Australia\n\n11 Prisoners transferred from Australia\n\n> > (1) Except as provided by subsection (2), the laws of this jurisdiction relating to the enforcement of a sentence of imprisonment imposed by a court of this jurisdiction on a person cease to apply to a prisoner on whom such a sentence has been imposed who is transferred from Australia under the Commonwealth Act to complete serving such a sentence of imprisonment.\n> \n> > (2) Nothing in this section limits the power of the Crown or of a court or tribunal of this jurisdiction to pardon, grant amnesty or commute such a sentence of imprisonment.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n12 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Review of Act","content":"#### 13 Review of Act\n\n13 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 12 months from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 12 months referred to in subsection (2).","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent since 1997 — to enable NSW to participate in the Commonwealth's international prisoner transfer scheme. The only update reflected is a formatting change effective 1 July 2023, with no indication of substantive scope expansion or contraction."},"complexity_factors":["Operates within a dual (federal-state) legislative framework, requiring readers to understand the interaction between Commonwealth and NSW law","Depends heavily on international treaties and agreements that are external to the Act itself, making the full legal picture difficult to assess from this Act alone","Limited substantive content is visible in the provided text — the Act's actual operative provisions are not displayed, reducing ability to assess internal complexity","Involves cross-jurisdictional prisoner management with multiple decision-makers (federal ministers, NSW ministers, foreign governments)","Relatively narrow and specialised subject matter reduces overall complexity for most readers"],"plain_english_summary":"## International Transfer of Prisoners (New South Wales) Act 1997\n\nThis NSW law works alongside a federal (Commonwealth) scheme to allow prisoners to be transferred between Australia and other countries. In practical terms, it means:\n\n- **If you are an Australian (NSW) prisoner held overseas**, you may be able to apply to serve the rest of your sentence back in Australia — closer to your family and support network.\n- **If you are a foreign national imprisoned in NSW**, you may be able to apply to be transferred back to your home country to finish your sentence there.\n\nThe Act sets out the NSW government's role in making those transfers happen — essentially giving NSW the legal authority to send or receive prisoners as part of international agreements (treaties) that the Australian federal government has signed with other countries.\n\n**Who does this affect?**\n- Prisoners in NSW jails who are citizens of another country\n- Australian citizens from NSW who are imprisoned abroad\n- Their families, who may be affected by where a sentence is served\n- NSW Corrective Services, who manage the logistics\n\n**Why does it matter?**\nWithout this law, NSW could not legally participate in international prisoner transfer arrangements. It fills an important gap: criminal law and prisons are primarily a state responsibility in Australia, so the federal government's international treaties needed a matching state law to actually take effect in NSW.\n\nThe law is administered by the NSW Minister for Corrections and has been in its current form since 1 July 2023."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's stated object is to implement the Commonwealth international transfer scheme by enabling transfers to and from this jurisdiction (s3). The text as provided continues to do that: it delegates functions to State Ministers and officials (s6, s7), sets which enforcement laws apply to incoming transfers (s10) and provides that NSW enforcement laws generally cease for outgoing transfers (s11). While the text records later amendments in marginal notes, the current provisions continue to align with the Act's original operative purpose of giving effect to the Commonwealth scheme (see ss3–11)."},"complexity_factors":["Extensive cross-references to the Commonwealth Act and reliance on definitions from that external statute (s4).","Multiple decision-makers and delegations: State Ministers, authorised persons, Governor, prison and police officers with overlapping responsibilities (s6, s6(2), s7, s8).","Operational interplay between incoming and outgoing transfers: different enforcement regimes apply depending on transfer direction (s10, s11).","Broad and inclusive definition of \"enforcement law\" that brings many statutes, practices and procedures into scope (s10(5)).","Obligation to give effect to Commonwealth Attorney‑General directions on enforcement and clemency matters (s10(3)–(4)), creating intergovernmental dependencies.","Regulatory and administrative scaffolding required: Governor regulations, Governor arrangements and ministerial review and reporting duties (s8, s9, s12, s13).","Intersection with other NSW and Commonwealth laws (for example, correctional definitions referenced to Crimes (Administration of Sentences) Act 1999 and reporting linked to Government Sector Finance Act 2018) increases legal reading complexity (s7(3), s9(2))."],"plain_english_summary":"### What this Act does\n\n- The Act makes New South Wales (NSW) able to take part in the Commonwealth's international prisoner transfer scheme. It implements that scheme within this jurisdiction so prisoners can be transferred to and from NSW under the Commonwealth Act (see s3, s4).\n\n### Who this affects\n\n- Prisoners who are transferred to NSW from another country or from a War Crimes Tribunal (s4, s10).\n- Prisoners from NSW who are transferred overseas under the Commonwealth scheme (s11).\n- NSW Ministers, prison officers, police officers and other state officials who must exercise functions under the Commonwealth Act (s6, s7).\n- The Governor and the State Minister, who have roles in making administrative arrangements and reporting (s8, s9).\n\n### How it works, mechanically\n\n- Definitions and linkage: terms defined in the Commonwealth Act are taken to have the same meaning in this Act unless the Act says otherwise (s4).\n\n- Delegation and exercise of functions: a State Minister may perform any function the Commonwealth Act confers on a State Minister and may delegate those functions to authorised persons (s6). Authorised persons include departmental heads, staff and any person or class of person prescribed by regulation (s6(2)).\n\n- Powers of officials: prison officers, police and other state officials may exercise functions conferred on them by the Commonwealth Act or by a corresponding State law (s7(1)). Those officials may lawfully hold and deal with a transferred prisoner under a warrant issued under the Commonwealth Act and take actions authorised by that Act (s7(2)). The term \"prison officer\" is defined by reference to NSW correctional legislation (s7(3)).\n\n- Administrative arrangements: the Governor may make arrangements for administration of the Commonwealth Act in NSW (s8). Those arrangements can be varied or ended in the manner the Commonwealth Act allows (s8(2)).\n\n- Enforcement of sentences for prisoners transferred to NSW: where a prisoner is transferred to Australia to complete a sentence imposed abroad, NSW \"enforcement law\" applies to that prisoner in the same way as it applies to a federal prisoner in NSW (s10(1)). The Act lists enforcement-law areas that apply, such as conditions of imprisonment, parole, classification, transfers, treatment of mentally impaired prisoners, eligibility for prison programs and temporary absence (s10(2)). Directions given by the Commonwealth Attorney‑General about enforcement, pardons, amnesty or commutation are to be given effect in NSW (s10(3)–(4)).\n\n- Prisoners transferred from NSW: when a person sentenced in NSW is transferred from Australia under the Commonwealth Act, NSW enforcement laws generally stop applying to that person (s11), although the Crown and courts retain the power to pardon, grant amnesty or commute (s11(2)).\n\n- Regulations and review: the Governor may make regulations needed to carry out the Act (s12). The Minister must review the Act within a year of assent and table a report (s13).\n\n### Official stated purpose and practical implications\n\n- The Act states its object is to give effect to the Commonwealth international transfer scheme by enabling transfers to and from NSW (s3). That is the operative purpose claimed in the text.\n\n- Costs and who administers the scheme: NSW ministers and officials are required to exercise and implement functions under the Commonwealth Act (s6, s7). That means state agencies and correctional services administer custody, apply NSW enforcement rules to incoming transferred prisoners (s10), and cease enforcement for outgoing transfers (s11). Those operational responsibilities imply state resource use for custody, classification, parole processes and related administration (s6, s7, s10).\n\n- Decision‑making and discretion: the Act vests decision-making and operational discretion in several places: Ministers may exercise and delegate functions (s6); prison and police officers exercise operational functions (s7); the Governor can make administrative arrangements (s8); and the Governor can make regulations (s12). Commonwealth Attorney‑General directions about enforcement or clemency matters are to be followed in NSW (s10(3)–(4)). These are explicit points where officials decide how the scheme is operated.\n\n- Compliance burdens and reporting: the State Minister must report annually on \"relevant decisions\" (consent or refusal to transfers) and may discharge that obligation via departmental annual reporting (s9). Operational staff must comply with warrants and directions issued under the Commonwealth Act (s7, s10).\n\n- Effects on private actors and markets: the Act is primarily about public administration of criminal sentences. It does not itself create new private rights or commercial regulatory regimes. It does make transferred prisoners subject to NSW enforcement laws (including eligibility for prison programs, s10(2)(g)), which can affect private providers who deliver prison programs or services by changing the pool of eligible participants and the administrative processes that govern them. The Act does not set fees, prices or procurement rules for such services.\n\n### Trade-offs, risks and implementation notes to consider\n\n- Intergovernmental dependency: the NSW role is implementation-focused; the Act repeatedly links NSW obligations back to the Commonwealth Act (s4, s8) and requires NSW to follow Commonwealth directions on enforcement or clemency (s10). Successful operation depends on clear intergovernmental arrangements (s8) and the capacity of state agencies to respond to Commonwealth warrants and directions (s7, s10).\n\n- Shifting jurisdictional effects: for incoming transfers NSW enforcement laws apply (s10), while for outgoing transfers NSW laws generally cease to apply (s11). That shift changes which legal rules govern detention, parole and similar matters and therefore changes who sets the conditions that affect prisoners' custody and release.\n\n- Administrative and reporting burden: Ministers and agencies must establish procedures to handle consents/refusals and to produce the required reporting on those decisions (s9). The Governor and Minister must establish and maintain the administrative arrangements and regulations (s8, s12).\n\n- Clarity of definitions and reliance on external text: the Act adopts definitions and mechanisms from the Commonwealth Act (s4). That reduces repetition but requires reading and applying another statute alongside this one.\n\nOverall, the Act is a compact implementing law that makes NSW a functioning participant in the Commonwealth international prisoner transfer scheme by assigning roles to Ministers and officials, prescribing which local enforcement laws apply to transferred prisoners, enabling administrative arrangements, and requiring reporting and review (see ss3–13)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of enabling NSW to participate in the Commonwealth prisoner transfer scheme. The amendments noted (updating references to the Crimes (Administration of Sentences) Act 1999 and the Government Sector Finance Act 2018) are technical updates to reflect changed names of related statutes, not expansions of scope. The 12-month review requirement (section 13) was likely satisfied long ago and does not indicate scope creep."},"complexity_factors":["Short statute (13 sections across 4 Parts)","Minimal defined terms (only 6 explicit definitions in section 4, plus incorporated definitions from Commonwealth Act)","Heavy reliance on external legislation (the Commonwealth Act is referenced throughout, requiring cross-reading to understand full operation)","Simple conditional logic (primarily 'if transferred to/from Australia' binary scenarios)","No nested exceptions or complex procedural requirements","Straightforward delegation powers in sections 6-7","Single amendment history noted (sections 7, 9, 10 show minor updates for terminology and reporting requirements)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows New South Wales to participate in a national scheme for transferring prisoners between Australia and other countries. It essentially plugs NSW into the Commonwealth's *International Transfer of Prisoners Act 1997*, giving state officials the legal power to handle these transfers.\n\n**Who it affects:**\n\n- **Prisoners** serving sentences who want to (or are required to) finish their time in their home country or another country\n- **NSW prison officers, police, and government officials** who need legal authority to escort, hold, and manage transferred prisoners\n- **The NSW Minister** responsible for approving or refusing transfer requests\n\n**How it works:**\n\n- When a prisoner is **transferred to Australia** to finish their sentence in NSW, they are treated like a federal prisoner. This means NSW prison laws apply to them regarding parole, prison conditions, transfers between facilities, and temporary leave.\n\n- When a prisoner is **transferred from Australia** to another country, NSW stops enforcing their sentence (though the government can still pardon or reduce their sentence later).\n\n- The Act gives the Minister and officials specific powers to:\n  - Approve or refuse transfer requests\n  - Escort prisoners across borders\n  - Make administrative arrangements with the Commonwealth\n\n- The Minister must report annually to Parliament about transfer decisions made.\n\n**Why it matters:**\n\nWithout this law, NSW couldn't legally hold or manage prisoners transferred from overseas courts (including war crimes tribunals). It also ensures Australian prisoners abroad can potentially serve their sentences closer to home, while foreign prisoners here can serve theirs closer to theirs. It fills a gap between international agreements and state prison systems."}},"importantCases":[],"_links":{"self":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997","history":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997/history","analysis":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997/analysis","conflicts":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997/conflicts","importantCases":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997/important-cases","documents":"/api/acts/international-transfer-of-prisoners-new-south-wales-act-1997/documents"}}