{"id":"parole-orders-transfer-act-1981","name":"Parole Orders (Transfer) Act 1981","slug":"parole-orders-transfer-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30360,"registerId":"nt-parole-orders-transfer-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parole Orders (Transfer) Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nPAROLE ORDERS (TRANSFER) ACT 1981\nAs in force at 1 May 2016\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Appointment of Registrar ................................................................. 2\n5 Requests for registration of transferred parole orders ..................... 2\n6 Documents to accompany requests ................................................ 2\n7 Registration of parole orders in a State or Territory to be in\ninterest of parolee, &c. ..................................................................... 3\n8 Registration ..................................................................................... 4\n9 Effect of registration ......................................................................... 4\n10 Effect of transfer of parole order to a State or another Territory ...... 5\n10A Exclusion of rules of natural justice ................................................. 6\n11 Evidence .......................................................................................... 6\n12 Delegation ....................................................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nPAROLE ORDERS (TRANSFER) ACT 1981\nAn Act relating to reciprocal enforcement of parole orders\n1 Short title\nThis Act may be cited as the Parole Orders (Transfer) Act 1981.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\ncorresponding law means a law of a State or another Territory\nrelating to the transfer of parole orders declared by the Minister, by\nnotice published in the Gazette, to be a corresponding law for the\npurposes of this Act.\ndesignated authority means, in relation to a State or another\nTerritory, the person or body with powers under the corresponding\nlaw of that State or other Territory that correspond to those of the\nMinister under section 5.\nParole Board means the Parole Board of the Northern Territory\nestablished by the Parole Act 1971.\nparole order means a parole order in force under the Parole\nAct 1971 or under a law of a State or another Territory relating to\nparole, and includes:\n(a) an authority given under a law of the Territory or a law of a\nState or another Territory for the release of a person from\nimprisonment or lawful detention, being an authority that is to\nbe deemed to be such a parole order under such a law; and\n(b) such a parole order or authority as varied from time to time.\nRegistrar means the Registrar of Transferred Parole Orders.\n\nParole Orders (Transfer) Act 1981 2\nsentence of imprisonment includes an order, direction,\ndeclaration or other authority under which a person may be lawfully\ndetained in a custodial correctional facility under the Correctional\nServices Act 2014, a detention centre under the Youth Justice\nAct 2005 or any other detention facility however described.\n4 Appointment of Registrar\nThere shall be a Registrar of Transferred Parole Orders who shall\nbe appointed by the Minister.\n5 Requests for registration of transferred parole orders\n(1) The Minister may, at the request in writing of the designated\nauthority for a State or another Territory, by instrument in writing,\ndirect the Registrar to register under this Act a parole order that\nwas in force at the time of the request under a law of that State or\nother Territory.\n(2) The Minister may, by instrument in writing addressed to the\ndesignated authority for a State or another Territory, request that a\nparole order that is in force under a law of the Territory be\nregistered under the corresponding law of that State or other\nTerritory.\n6 Documents to accompany requests\n(1) Where the Minister requests the designated authority for a State or\nanother Territory under section 5(2) to register a parole order under\nthe corresponding law of that State or other Territory, the Minister\nshall cause to be sent to the designated authority:\n(a) the parole order to which the request relates together with any\nvariations of the order;\n(b) the judgment, order, direction, declaration or other authority\nwhich authorized the imprisonment of the person to whom the\nparole order relates;\n(c) particulars in writing of the address of that person last-known\nto the Minister; and\n(d) a report in writing relating to that person containing such\ninformation and accompanied by such documents as appear\nto be likely to be of assistance to any court, authority or officer\nin that State or other Territory, including all documents that\nwere before the body making the parole order, details of\nfindings of guilt, convictions, sentences of imprisonment,\nminimum terms of imprisonment, periods of imprisonment\nserved, class of prisoner, remissions earned and other grants\n\nParole Orders (Transfer) Act 1981 3\nof parole.\n(2) A reference in subsection (1) (other than a reference in\nsubsection (1)(a)) to an order, judgment or other document is a\nreference to the original or to a copy certified as a true copy by a\nperson purporting to be the person in whose custody the original is\nentrusted.\n7 Registration of parole orders in a State or Territory to be in\ninterest of parolee, &c.\n(1) The Minister shall not direct under section 5(1) the registration\nunder this Act of a parole order in force under a law of a State or\nanother Territory unless:\n(a) he is satisfied, on consideration of relevant information and\ndocuments forwarded to him by the designated authority for\nthat State or other Territory that, having regard to the interests\nof the person to whom the parole order relates, it is desirable\nthat the parole order be so registered; and\n(b) either:\n(i) that person has given his consent to, or has requested,\nthe registration of the parole order under this Act; or\n(ii) that person is residing in the Territory.\n(2) The Minister shall not make a request under section 5(2) for the\nregistration under the corresponding law of a State or another\nTerritory of a parole order in force under a law of the Territory\nunless:\n(a) he is satisfied that, having regard to the interests of the person\nto whom the parole order relates, it is desirable that the parole\norder be so registered; and\n(b) either:\n(i) that person has given his consent to, or has requested,\nthe registration of the parole order under the\ncorresponding law of that State or other Territory; or\n(ii) there are reasonable grounds for believing that that\nperson is residing in that State or other Territory.\n\nParole Orders (Transfer) Act 1981 4\n8 Registration\n(1) When so directed under section 5(1), the Registrar shall register a\nparole order under this Act by:\n(a) endorsing on the parole order a memorandum signed by him\nto the effect that the parole order is, on the date of the\nendorsement, registered under this Act; and\n(b) keeping the endorsed parole order in a register together with\nthe original or copy of the judgment, order, direction,\ndeclaration or other authority, by virtue of which the person to\nwhom the parole order relates became liable to undergo the\nrelevant imprisonment, sent by the designated authority.\n(2) When the Registrar has registered a parole order, he shall:\n(a) forward to the Chairman of the Parole Board one copy of the\nparole order, being a copy on which is written a copy of the\nmemorandum endorsed on the parole order in accordance\nwith subsection (1), together with one copy of the judgment,\norder, direction, declaration or other authority referred to in\nsubsection (1)(b); and\n(b) cause notice in writing of the fact and date of the registration\nof the parole order to be given to the designated authority who\nrequested the registration of the parole order, and to be\nserved personally on the person to whom the parole order\nrelates.\n9 Effect of registration\n(1) Subject to this section, while a parole order (including a parole\norder that was, at any time, in force in the Territory) is registered\nunder this Act, the laws of the Territory apply to and in relation to\nthe parole order and the person to whom the parole order relates.\n(2) If the parole order registered under this Act was made under a law\nof a State or another Territory, the laws of the Territory apply under\nsubsection (1) as if:\n(a) each sentence of imprisonment to which the person to whom\nthe parole order relates was subject immediately before the\nmaking of the parole order had been imposed by the\nappropriate court of the Territory;\n(b) each period of imprisonment served by that person for the\npurpose of each such sentence had been served for the\npurpose of the sentence imposed by the appropriate court of\nthe Territory; and\n\nParole Orders (Transfer) Act 1981 5\n(c) the parole order had been made and was in force under a law\nof the Territory.\n(3) For the purpose of subsection (2), the appropriate court of the\nTerritory in relation to a sentence of imprisonment is:\n(a) where the sentence was imposed by a court of summary\njurisdiction or by a court on appeal from such a court – the\nLocal Court; and\n(b) in any other case – the Supreme Court.\n(4) Where a parole order registered under this Act is revoked,\ncancelled or is to be deemed to have been revoked under a law of\nthe Territory, the person to whom the parole order related shall be\nliable to serve a period of imprisonment equal to the period for\nwhich he was liable, on the date on which he was released on\nparole under the order, to be imprisoned.\n10 Effect of transfer of parole order to a State or another Territory\n(1) Upon the registration under a corresponding law of a parole order\nthat, immediately before that registration, was in force under a law\nof the Territory:\n(a) the parole order ceases to be in force in the Territory;\n(b) in the case of a parole order that was registered under this\nAct, the parole order ceases to be so registered; and\n(c) each sentence of imprisonment to which the person to whom\nthe parole order relates was subject immediately before the\nregistration under the corresponding law ceases to have effect\nin the Territory.\n(2) Upon the subsequent registration under this Act of a parole order in\nrelation to which subsection (1) has, at any time, applied:\n(a) subsection (1)(a) and (c) ceases to apply in relation to the\nparole order; and\n(b) the force and effect that the parole order, and each sentence\nof imprisonment to which the person to whom the parole order\nrelates was subject, had, under a law of the Territory\nimmediately before the registration under the corresponding\nlaw, revive and continue while the parole order is registered\nunder this Act.\n\nParole Orders (Transfer) Act 1981 6\n10A Exclusion of rules of natural justice\nThe rules known as the rules of natural justice (including any duty\nof procedural fairness) do not apply to or in relation to a direction,\nrequest or decision given or made by the Minister under this Act.\n11 Evidence\n(1) An instrument in writing that purports to be a copy of a\nmemorandum endorsed on a parole order on a specified date under\nsection 8(1) and to have been signed by the Registrar is prima facie\nevidence that the parole order was registered under this Act on that\ndate.\n(2) A parole order made under a law of a State or another Territory and\nregistered under this Act may be received in evidence in any court\nof competent jurisdiction without further proof by the production of a\ncopy of the parole order certified as a true copy by the Registrar,\nand such a copy is prima facie evidence of the matters stated in the\nparole order.\n12 Delegation\n(1) The Minister may, either generally or as otherwise provided by the\ninstrument of delegation, by writing signed by him, delegate to a\nChief Executive Officer or employee as defined in the Public Sector\nEmployment and Management Act 1993 any of his powers under\nthis Act, other than this power of delegation.\n(2) A power so delegated, when exercised by the delegate shall, for the\npurposes of this Act, be deemed to have been exercised by the\nMinister.\n(3) A delegation under this section does not prevent the exercise of a\npower by the Minister.\n\nENDNOTES\nParole Orders (Transfer) Act 1981 7\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nParole Orders (Transfer) Act 1981 (Act No. 79, 1981)\nAssent date 21 September 1989\nCommenced 1 May 1984 (Gaz S22, 30 April 1984)\nParole Orders (Transfer) Amendment Act 1989 (Act No. 38, 1989)\nAssent date 20 September 1989\nCommenced 20 September 1989\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nParole Orders (Transfer) Act 1981 8\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 12.\n4 LIST OF AMENDMENTS\ns 3 amd No. 27, 2014, s 57\ns 6 amd No. 38, 1989, s 2; No. 17, 1996, s 6\ns 8 amd No. 38, 1989, s 3\ns 9 amd No. 8, 2016, s 45\ns 10A ins No. 38, 1989, s 4\ns 12 amd No. 28, 1993, s 3","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of facilitating interstate transfer of parole orders. While definitions have been updated to reflect changes in related legislation (e.g., replacing references to the repealed Prisons Act with the Correctional Services Act 2014, updating court references from 'Court of Summary Jurisdiction' to 'Local Court'), the core mechanism and scope remain unchanged since 1981."},"complexity_factors":["12 sections total with relatively straightforward procedural structure","7 defined terms in section 3, including recursive definitions (e.g., 'parole order' includes authorities 'deemed to be such a parole order')","Cross-references to external legislation: Parole Act 1971, Correctional Services Act 2014, Youth Justice Act 2005, Public Sector Employment and Management Act 1993","Conditional logic in sections 7 and 10 with dual requirements (satisfaction of interests test PLUS consent/residence requirement)","Deeming provisions in section 9(2) creating legal fictions (treating interstate sentences as if imposed by NT courts)","Revival mechanism in section 10(2) for parole orders returning to the NT","Explicit exclusion of administrative law principles (natural justice) in section 10A"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for transferring parole orders between the Northern Territory and other Australian States and Territories. It allows someone released from prison on parole (early release under supervision) in one jurisdiction to have their parole supervised in another jurisdiction without having to go back to prison.\n\n**How it works:**\n\n*   **Incoming transfers:** If a parolee from another State wants to live in the NT (or already does), the NT Minister can register their parole order so NT laws apply to them. The Minister must be satisfied this is in the parolee's best interests and either have their consent or know they reside in the NT.\n\n*   **Outgoing transfers:** If an NT parolee wants to move to another State, the Minister can ask that State to register the parole order there. Again, this requires the parolee's consent or reasonable belief they reside there, and must be in their interests.\n\n*   **Registration process:** A Registrar endorses the parole order, keeps records, notifies the Parole Board, and serves notice on the parolee.\n\n*   **Legal effect:** Once registered in the NT, the parole order is treated as if it were made under NT law. The parolee becomes subject to NT parole conditions and supervision. If the order is transferred out to another State, it stops having effect in the NT.\n\n**Who it affects:**\n\n*   Prisoners released on parole who want to move interstate\n*   The NT Parole Board and correctional services\n*   Other States and Territories with \"corresponding laws\" (reciprocal agreements)\n\n**Why it matters:**\n\nWithout this law, parolees couldn't easily move interstate without breaching their parole or facing complicated legal limbo. This facilitates rehabilitation by letting parolees relocate for family, work, or support networks while remaining under proper supervision.\n\n**Notable features:**\n\n*   **Section 10A** explicitly excludes the \"rules of natural justice\" (procedural fairness requirements) from the Minister's decisions—meaning the Minister doesn't have to give the parolee a hearing before making transfer decisions.\n*   The definition of \"sentence of imprisonment\" is broad, covering adult prisons, youth detention centres, and other custodial facilities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The core purpose remains reciprocal registration and enforcement of parole orders between the NT and other jurisdictions. However, amendments over time have altered the Act's operational scope in ways more than merely technical: 1) an express exclusion of the rules of natural justice for Ministerial directions/requests was added (s10A, inserted 1989), which changes procedural protections available to affected persons; 2) the definition of \"sentence of imprisonment\" was broadened in later amendments to explicitly include detention under newer correctional and youth justice statutes (2014 amendments to s3), widening the types of custodial orders that can be transferred; and 3) delegation rules were added to enable administrative delegation of Ministerial powers (s12, 1993). These amendments retained the original reciprocal transfer purpose but added substantive procedural and definitional elements that affect how and to whom the Act applies."},"complexity_factors":["Short Act (about 12 substantive sections), focused subject matter","7 defined terms in the interpretation section (e.g. corresponding law, designated authority, parole order, Registrar)","Cross-references to external statutes and bodies (Parole Act 1971, Correctional Services Act 2014, Youth Justice Act 2005, Local Court and Supreme Court roles) that require consulting other laws for full effect (s3, s9(3))","Conditional decision-making: ministerial discretion plus specific preconditions (s5 and s7 require ministerial satisfaction and either consent or residency)","Reciprocal/temporal mechanics with non-trivial effects: registration extinguishes NT effect while registered elsewhere and can later revive on re-registration (s10)","A substantive procedural exception: explicit exclusion of natural justice for Ministerial decisions under the Act (s10A) creates legal nuance","Delegation power (s12) that allows administrative complexity in practice","Evidence simplification (prima facie certification) reduces legal friction but creates reliance on Registrar certification (s11)"],"plain_english_summary":"This law creates a formal process for recognising and enforcing parole orders when parolees move between the Northern Territory and other Australian jurisdictions. It lets the NT Minister (or delegate) direct registration, requires a Registrar to record and notify parties, and makes registered orders operate under the receiving jurisdiction’s law while registered.\n\nIt affects parolees, the Minister and Registrar, parole boards, courts and corresponding authorities, and matters because it ensures continuous, enforceable supervision across borders while centralising key administrative and discretionary decisions."}},"importantCases":[],"_links":{"self":"/api/acts/parole-orders-transfer-act-1981","history":"/api/acts/parole-orders-transfer-act-1981/history","analysis":"/api/acts/parole-orders-transfer-act-1981/analysis","conflicts":"/api/acts/parole-orders-transfer-act-1981/conflicts","importantCases":"/api/acts/parole-orders-transfer-act-1981/important-cases","documents":"/api/acts/parole-orders-transfer-act-1981/documents"}}