{"id":"nsw:sl-2024-0364","name":"Prisoners (Interstate Transfer) Regulation 2024","slug":"prisoners-interstate-transfer-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"364 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174210,"registerId":"nsw-sl-2024-0364-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Prisoners (Interstate Transfer) Regulation 2024](/view/html/inforce/current/sl-2024-0364).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Prisoners (Interstate Transfer) Regulation 2019](/view/html/repealed/current/sl-2019-0364), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> Commissioner has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> Department means the department in which the Act is administered.\n> \n> the Act means the [Prisoners (Interstate Transfer) Act 1982](/view/html/inforce/current/act-1982-104).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Consent to transfer prisoner to participating State—the Act, s 13","content":"#### 4 Consent to transfer prisoner to participating State—the Act, s 13\n\n4 Consent to transfer prisoner to participating State—the Act, s 13\n\n> For the Act, section 13(2), the following are prescribed officers—\n> \n> > (a) the Secretary of the Department,\n> \n> > (b) the General Counsel of the Department.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Certification of documents—the Act, s 26","content":"#### 5 Certification of documents—the Act, s 26\n\n5 Certification of documents—the Act, s 26\n\n> > (1) For the Act, section 26(2), a copy is certified if the copy includes the following—\n> > \n> > > (a) a statement by the Commissioner, or an officer of Corrective Services NSW authorised by the Commissioner to certify the copy, that the copy is a true and accurate copy of the original order or document,\n> > \n> > > (b) the name and position of the person certifying the copy,\n> > \n> > > (c) the person’s signature.\n> \n> > (2) In this section—\n> > \n> > Corrective Services NSW has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application for revocation of order of transfer—the Act, s 34","content":"#### 6 Application for revocation of order of transfer—the Act, s 34\n\n6 Application for revocation of order of transfer—the Act, s 34\n\n> The following offices and positions are prescribed—\n> \n> > (a) the Attorney General,\n> \n> > (b) the Minister,\n> \n> > (c) the Commissioner,\n> \n> > (d) the Director of Public Prosecutions.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Prisoners (Interstate Transfer) Regulation 2019](/view/html/repealed/current/sl-2019-0364) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Prisoners (Interstate Transfer) Regulation 2019](/view/html/repealed/current/sl-2019-0364), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2019 regulation and restates administrative rules (consent authorities, certification format, authorised applicants for revocation) while preserving prior effects (see reg 7(2)). It does not alter who may be transferred under the Act; changes are procedural and administrative rather than a substantive expansion or contraction of scope."},"complexity_factors":["Narrow, procedural subject‑matter (consent, certification, applicants for revocation) keeps legal issues limited.","Multiple cross‑references to primary Acts (Prisoners (Interstate Transfer) Act 1982; Crimes (Administration of Sentences) Act 1999) and the Interpretation Act 1987 add interpretive dependencies.","Prescribed lists of officers (Secretary, General Counsel, Commissioner, Attorney‑General, Minister, Director of Public Prosecutions) create discrete decision points.","Specific formal requirements for certified copies (statement by Commissioner/authorised officer, name/position, signature) impose clear compliance steps.","Repeal and savings clause (continuity from 2019 regulation) reduces transitional uncertainty but requires checking prior instruments for precedent."],"plain_english_summary":"This regulation updates NSW paperwork and decision‑making for interstate prisoner transfers: it names which officials may give consent or seek revocation, sets how copies of orders must be certified, and replaces the 2019 regulation while preserving existing effects. It affects prisoners, Corrective Services NSW and the Department; it moves specific administrative and compliance tasks (and related operational costs) onto departmental officers and specified legal offices, and clarifies who may sign or challenge transfer documents."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard remaking of a sunsetting regulation with no expansion beyond the original purpose. The 2024 version appears to maintain the same narrow administrative scope as the 2019 predecessor — prescribing specific office-holders for consent, certification, and revocation functions under the parent Act. The savings clause ensures continuity of existing transfer arrangements."},"complexity_factors":["Only 7 sections total, with minimal substantive content","3 defined terms, all referencing external legislation rather than creating new definitions","No conditional logic or nested exceptions","Straightforward prescription of office-holders and procedural requirements","Heavy reliance on external statutes (Crimes (Administration of Sentences) Act 1999, Prisoners (Interstate Transfer) Act 1982) for actual operational detail"],"plain_english_summary":"This regulation sets out the administrative rules for transferring prisoners between NSW and other Australian states or territories.\n\n**What it does:**\n- **Names who can approve transfers**: The Secretary of the Department and the General Counsel are the officials who can consent to transferring a NSW prisoner to another state.\n- **Sets document rules**: Explains how to certify copies of court orders or prison documents for interstate transfers — they must be signed by the Commissioner or an authorised Corrective Services officer, with their name and position included.\n- **Lists who can apply to cancel a transfer**: The Attorney General, the relevant Minister, the Commissioner, or the Director of Public Prosecutions can apply to revoke (cancel) a transfer order.\n\n**Who it affects:**\n- Prisoners being moved between NSW and other states\n- Corrective Services NSW staff who handle paperwork\n- Senior government lawyers and officials who approve or challenge transfers\n\n**Why it matters:**\nInterstate prisoner transfers happen when prisoners need to be closer to family, for security reasons, or to serve sentences in their home state. This regulation ensures there's a clear, legal paper trail and that the right senior officials have control over these decisions. It replaces the 2019 version to keep the rules current."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available metadata, there is no indication the regulation's scope has changed from its original intent. It has been in force in a single version since 9 August 2024 with no amendments recorded. The regulation appears to remain focused on its core purpose of facilitating interstate prisoner transfers."},"complexity_factors":["Operates across multiple jurisdictions (all Australian states and territories), requiring coordination between different legal systems","Sits beneath a parent Act (the Prisoners (Interstate Transfer) Act), meaning its rules must be read alongside that Act to be fully understood","Involves constitutional considerations around state and territory powers over prisoners","Touches on individual rights and liberty (custody arrangements for prisoners)","Automatic repeal mechanism adds a time-limited compliance dimension","Substantive content was not available for review, limiting full complexity assessment"],"plain_english_summary":"The Prisoners (Interstate Transfer) Regulation 2024 sets the administrative framework for transferring prisoners between NSW and other Australian states and territories, governing how custody moves are managed and who is responsible. It affects prisoners, Corrective Services NSW and equivalent agencies, and courts and legal representatives involved in cross-border custody arrangements.\n\nIt matters because it removes legal uncertainty about custody, conditions and rights during interstate transfers; the regulation commenced 9 August 2024 and will expire on 1 September 2029."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-regulation-2024","history":"/api/acts/prisoners-interstate-transfer-regulation-2024/history","analysis":"/api/acts/prisoners-interstate-transfer-regulation-2024/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-regulation-2024/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-regulation-2024/important-cases","documents":"/api/acts/prisoners-interstate-transfer-regulation-2024/documents"}}