{"id":"prisoners-interstate-transfer-regulations-1984","name":"PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984","slug":"prisoners-interstate-transfer-regulations-1984","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177118,"registerId":"nt-prisoners-interstate-transfer-regulations-1984-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984","content":"NORTHERN TERRITORY OF AUSTRALIA\nPRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984\nAs in force at 20 June 2018\nTable of provisions\nPart I Preliminary\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\nPart II Transfer for prisoner's welfare\n4 Request for transfer to participating State ....................................... 2\n5 Statements in support of prisoner's request .................................... 2\n6 Consideration of requests ................................................................ 3\n7 Repeated requests for transfer ........................................................ 4\n8 Request to corresponding Minister to accept transfer of\nprisoner............................................................................................ 4\n9 Order of transfer .............................................................................. 4\n10 Request for transfer to the Territory................................................. 4\nPart III Transfer for trial\n11 Request by Attorney-General of participating State for transfer\nof prisoner........................................................................................ 5\n12 Request by prisoner for transfer to participating State..................... 5\n13 Certification of consent or request ................................................... 6\n14 Application to court for issue of order of transfer ............................. 6\n15 Order to bring prisoner before court ................................................ 6\n16 Order of transfer .............................................................................. 7\n17 Request for transfer to the Territory by imprisoned person ............. 7\nPart IV Transfer back to original State\n18 Return of person to participating State ............................................ 7\n20 Inquiries before issue of order of transfer ........................................ 7\n22 Request to serve imprisonment in the Territory ............................... 7\n23 Order following agreement under section 21(1)(a) of Act ................ 8\n24 Inquiries concerning persons liable to be transferred to the\nTerritory ........................................................................................... 8\nPart V Miscellaneous\n25 Escort arrangements ....................................................................... 9\n26 Information relating to prisoner to be sent to participating State .... 10\n\nPrisoners (Interstate Transfer) Regulations 1984 ii\n27 Information relating to person received from participating State .... 10\n28 Lawful custody for transit through the Territory.............................. 10\n29 Return of person in transit to original State.................................... 11\n30 Revocation of order of transfer ...................................................... 11\n31 Procedure relating to property on transfer of person ..................... 11\n32 Transfer of person's property ......................................................... 12\nSchedule\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 June 2018\n____________________\nPRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984\nRegulations under the Prisoners (Interstate Transfer) Act 1983\nPart I Preliminary\n1 Citation\nThese Regulations may be cited as the Prisoners (Interstate\nTransfer) Regulations 1984.\n2 Commencement\nThese Regulations shall come into operation on the\ncommencement of the Act.\n3 Interpretation\n(1) In these Regulations:\nnon-parole period, see section 3(1) of the Sentencing Act 1995.\nParole Board means the Board within the meaning of the Parole\nAct 1971.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\n(2) In these Regulations, a reference to a form by number is a\nreference to the form so numbered in the Schedule.\n(3) A form referred to in subregulation (2) shall be completed in\naccordance with such directions and instructions, if any, as are\nspecified in the form.\n\nPart II Transfer for prisoner's welfare\nPrisoners (Interstate Transfer) Regulations 1984 2\nPart II Transfer for prisoner's welfare\n4 Request for transfer to participating State\n(1) For the purposes of section 5 of the Act, a written request to the\nMinister by a prisoner for transfer to a participating State or to\nanother Territory (in this Part referred to as a prisoner's request)\nshall be in accordance with Form 1.\n(2) A prisoner's request shall be signed by the prisoner and shall be\nforwarded to the Minister through the Commissioner of Correctional\nServices.\n(3) After receiving a prisoner's request, the Commissioner of\nCorrectional Services must:\n(a) prepare and attach to the request a statement of convictions\nand sentences in respect of which the prisoner is currently\ndetained in custody, setting out any non-parole period\nspecified and the estimated date of release;\n(b) prepare and attach to the request a comprehensive report on\nthe prisoner's conduct and behaviour while in prison;\n(c) forward a copy of the request to a probation and parole officer\nand ask the officer to prepare and forward to the\nCommissioner:\n(i) a detailed report on the request; and\n(ii) an expression of opinion as to whether or not the\ntransfer of the prisoner to the participating State or other\nTerritory to which the request relates would be in the\ninterests of the welfare of the prisoner; and\n(d) forward the request to the Minister for consideration.\n5 Statements in support of prisoner's request\nA prisoner's request shall include a statement as to:\n(a) family or near family support in the participating State or other\nTerritory to which the request relates, including the availability\nof accommodation upon the prisoner's release from prison;\n(b) family or other social circumstances that may benefit the\nwelfare of the prisoner either during imprisonment or following\nrelease from prison;\n\nPart II Transfer for prisoner's welfare\nPrisoners (Interstate Transfer) Regulations 1984 3\n(c) medical reasons, if any, in support of the request;\n(d) prospects of employment following release from prison; and\n(e) any other matters that the prisoner wishes to put forward in\nsupport of the request.\n6 Consideration of requests\n(1) For the purposes of the Minister's consideration of a prisoner's\nrequest, the Commissioner of Correctional Services may (or, where\nthe Minister so requests, shall) supply to the Minister such medical,\npsychiatric or psychological reports about or assessments of the\nprisoner as are or may be made available to the Commissioner of\nCorrectional Services.\n(2) There shall be included in a report about or assessment of a\nprisoner furnished or caused to be furnished under this regulation\nfor the information of the Minister, such further information available\nto the person or authority furnishing the report or assessment, or\ncausing it to be furnished, as that person or authority considers may\nbe of assistance to the Minister in considering the prisoner's\nrequest.\n(3) Without affecting the Minister's powers to form an opinion or\nexercise a discretion under Part II of the Act, the Minister, in\nconsidering a prisoner's request, may have regard to:\n(a) whether the statutory period during which an appeal against\nthe prisoner's conviction or sentence may be made has\nexpired;\n(b) whether an appeal against the prisoner's conviction or\nsentence has been finally dealt with;\n(c) whether, so far as the Minister is aware, every complaint or\ninformation alleging an offence by the prisoner against the law\nin force in the Territory, the Commonwealth, a State or\nanother Territory of the Commonwealth has been finally dealt\nwith;\n(d) whether a petition for an inquiry, or an inquiry, under the law in\nforce in the Territory into the prisoner's conviction or sentence\nis pending; and\n(e) the term of imprisonment remaining to be served by the\nprisoner compared with the estimated period for dealing with\nthe request and issuing and executing an order of transfer.\n\nPart II Transfer for prisoner's welfare\nPrisoners (Interstate Transfer) Regulations 1984 4\n7 Repeated requests for transfer\nWithout affecting the Minister's power to exercise a discretion under\nsection 7 of the Act to entertain a prisoner's request, the Minister\nmay refuse to entertain a prisoner's request made within 12 months\nafter a similar request where there has not, in the Minister's opinion,\nbeen a substantial change in the circumstances which are likely to\nbenefit the prisoner's welfare.\n8 Request to corresponding Minister to accept transfer of\nprisoner\nWhere:\n(a) following consideration of a prisoner's request, the Minister is\nof the opinion that, in the interests of the welfare of the\nprisoner, the prisoner should be transferred to the participating\nState or other Territory to which the request relates; and\n(b) the Minister makes a written request to the corresponding\nMinister of the participating State to accept, or the Attorney-\nGeneral of the Commonwealth to consent to, the transfer of\nthe prisoner,\nthe written request shall be accompanied by a copy of:\n(c) the prisoner's request;\n(d) the reports, assessments and other information referred to in\nregulations 4 and 6 in relation to the prisoner; and\n(e) a statement setting out the matters on which the Minister's\nopinion is based.\n9 Order of transfer\nAn order for the transfer of a prisoner issued by the Minister under\nsection 5 of the Act shall be in accordance with Form 2.\n10 Request for transfer to the Territory\nWhere the Minister receives a written request referred to in\nsection 8 of the Act asking the Minister to accept the transfer of an\nimprisoned person to the Territory, the Minister may, before\nconsidering the matter, request:\n(a) the Commissioner of Correctional Services; and\n(b) the Commissioner of Police,\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Regulations 1984 5\nto furnish reports on the merits or otherwise of the request for the\ntransfer of the imprisoned person.\nPart III Transfer for trial\n11 Request by Attorney-General of participating State for transfer\nof prisoner\n(1) Where the Attorney-General receives from the Attorney-General of\na participating State or of the Commonwealth a written request\nreferred to in section 10(1)(a) of the Act for the transfer of a\nprisoner to a participating State or to another Territory for the\npurpose of being dealt with according to law, the Attorney-General,\nbefore considering the request, may:\n(a) through the Minister, inform the prisoner of the substance of\nthe request and seek the prisoner's comments in writing; and\n(b) obtain from the Minister a report relating to the prisoner, being\na report in the same terms as a report which would be\nrequired to be sent under section 24(1)(c) of the Act in respect\nof the prisoner if he were conveyed to a participating State.\n(2) Any comments in writing a prisoner referred to in subregulation (1)\ndesires to make shall be made not later than 14 days after receipt\nby the prisoner of the advice of the substance of a request referred\nto in that subregulation and shall be forwarded to the Minister for\nreference to the Attorney-General.\n12 Request by prisoner for transfer to participating State\n(1) For the purposes of section 10(1)(b) of the Act, a written request\nmade by a prisoner to the Minister for the transfer of the prisoner to\na participating State or to another Territory to be dealt with\naccording to law shall be in accordance with Form 3.\n(2) Where the Minister refers to the Attorney-General a prisoner's\nwritten request referred to in subregulation (1), the Minister shall, at\nthe same time, send to him a report relating to the prisoner, being a\nreport in the same terms as a report which would be required to be\nsent under section 24(1)(c) of the Act in relation to the prisoner if he\nwere conveyed to a participating State.\n(3) Where the Attorney-General consents to a prisoner's written\nrequest referred to in subregulation (1), he shall refer to the\nAttorney-General of the participating State to which the request\nrelates or of the Commonwealth, with the written notice of the\nconsent, the report referred to in subregulation (2), together with the\nrequest.\n\nPart III Transfer for trial\nPrisoners (Interstate Transfer) Regulations 1984 6\n13 Certification of consent or request\n(1) A certificate referred to in section 11(2) of the Act in relation to a\nconsent or request required under section 11(1) of the Act shall be\nin accordance with Form 4.\n(2) The prescribed officer for the purpose of signing a certificate\nreferred to in section 11(2) of the Act shall be the Crown Law\nOfficer within the meaning of the Criminal Code.\n(3) Immediately after the signing by the Crown Law Officer of a\ncertificate referred to in section 11(2) of the Act, the Crown Law\nOfficer shall forward it to the Commissioner of Correctional Services\nfor the purpose of making an application to the Local Court for the\nissue of an order of transfer.\n14 Application to court for issue of order of transfer\n(1) An application under section 12(1) of the Act to the Local Court for\ndetermination as to whether an order of transfer shall be issued:\n(a) may be made by, or on behalf of, the Commissioner of\nCorrectional Services;\n(b) shall be in accordance with Form 5; and\n(c) shall be lodged in quadruplicate.\n(2) Where, as a result of an application referred to in subregulation (1),\nthe Local Court makes an order under section 12(1) of the Act in\nrelation to a prisoner, a copy of the application and notice of the\norder, together with a notice of hearing of the application, shall be\nserved, by or on behalf of the applicant, on:\n(a) the prisoner personally; and\n(b) the Attorney-General personally, or by leaving them with a\nmember of the Attorney-General's staff at the Attorney-\nGeneral's office.\n15 Order to bring prisoner before court\nAn order under section 12(1) or 14(2) of the Act, directing the\nperson in charge of the prison where a prisoner is imprisoned to\nbring the prisoner before a court, shall be in accordance with\nForm 6.\n\nPart IV Transfer back to original State\nPrisoners (Interstate Transfer) Regulations 1984 7\n16 Order of transfer\n(1) An order of transfer issued under section 13(a) of the Act by the\nLocal Court shall be in accordance with Form 7.\n(2) An order of transfer issued under section 14(6) of the Act by the\nSupreme Court shall be in accordance with Form 8.\n17 Request for transfer to the Territory by imprisoned person\nWhere the Attorney-General has received from the Attorney-\nGeneral of a participating State a notice, in writing, referred to in\nsection 17(c) of the Act that he has consented to a request made by\na person imprisoned in the participating State to be transferred to\nthe Territory to enable him to be dealt with according to law, the\nAttorney-General may, before considering the matter, obtain from\nthe Commissioner of Police a report on the request.\nPart IV Transfer back to original State\n18 Return of person to participating State\nFor the purposes of section 18 of the Act, an order of transfer\nreturning a person to a participating State or to another Territory\nshall be in accordance with Form 9.\n20 Inquiries before issue of order of transfer\nBefore issuing in respect of a person an order of transfer referred to\nin regulation 18, the Minister may inquire of:\n(a) the person; and\n(b) the Commissioner of Police,\nwhether or not, as far as is known, every complaint or information\nalleging an offence by the person against the law in force in the\nTerritory has been finally dealt with according to law.\n22 Request to serve imprisonment in the Territory\n(1) Where a person who is liable to be transferred to a participating\nState or to another Territory pursuant to an order of transfer issued\nunder section 18 of the Act makes a written request to the Minister\nto serve imprisonment in the Territory, the request shall:\n(a) be signed by the person;\n(b) set out the grounds in support of the request; and\n\nPart IV Transfer back to original State\nPrisoners (Interstate Transfer) Regulations 1984 8\n(c) be forwarded to the Minister through the Commissioner of\nCorrectional Services.\n(2) Regulation 4(3) applies to and in relation to a person's request\nreferred to in subregulation (1) in the same way as that regulation\napplies to and in relation to a prisoner's request, within the meaning\nof Part II, to which regulation 4 applies.\n(3) Regulation 7 applies to and in relation to a person's request\nreferred to in subregulation (1) in the same way as that regulation\napplies to and in relation to a prisoner's request within the meaning\nof Part II.\n(4) Where the Minister agrees to a person's request referred to in\nsubregulation (1), the Minister shall:\n(a) give written notice of the decision to the corresponding\nMinister of the participating State or to the Attorney-General of\nthe Commonwealth;\n(b) enclose with the notice copies of the reports, information,\ndocuments and details that the Minister had regard to in\nconsidering the request; and\n(c) seek the advice of the corresponding Minister or of the\nAttorney-General of the Commonwealth as to whether or not\nthat Minister or the Attorney-General of the Commonwealth\nagrees to the person's imprisonment being served in the\nTerritory.\n23 Order following agreement under section 21(1)(a) of Act\nWhere, upon a person making a request referred to in\nregulation 22(1), the Minister and the corresponding Minister of the\nparticipating State and the Attorney-General of the Commonwealth\nagree, pursuant to section 21(1)(a) of the Act, that it is in the\ninterests of the welfare of the person that the person's\nimprisonment should be served in the Territory, the Minister shall\nissue an order of imprisonment in accordance with Form 10.\n24 Inquiries concerning persons liable to be transferred to the\nTerritory\nThe Minister, in deciding whether or not to agree to a person\nimprisoned in a participating State serving imprisonment in the\nparticipating State in pursuance of a request made under an\ninterstate law that corresponds to section 21(1)(a) of the Act, may\ninquire of the Commissioner of Police whether or not, as far as is\nknown, every complaint or information alleging an offence by the\nperson against the law in force in the Territory has been finally dealt\n\nPart V Miscellaneous\nPrisoners (Interstate Transfer) Regulations 1984 9\nwith according to law.\nPart V Miscellaneous\n25 Escort arrangements\n(1) Unless there is an agreement to the contrary between the Minister\nand:\n(a) where the request is for the transfer of a Territory prisoner to a\nparticipating State, the corresponding Minister of the\nparticipating State; or\n(b) where the request is for the transfer of a Territory prisoner to\nanother Territory or for the transfer of a joint prisoner to a\nparticipating State or to another Territory, the Attorney-\nGeneral of the Commonwealth,\nthe cost and responsibility for transferring a prisoner of a kind\ndescribed in Column 1 of the Table to this regulation from the\nTerritory pursuant to an order of transfer of a kind so described in\nrelation to the prisoner shall be borne by the Territory, participating\nState or the Commonwealth as specified in Column 2 of the Table.\n(2) In the Table to this regulation, a reference to a sentence includes a\nreference to a concurrent and to a cumulative sentence.\nTABLE\nColumn 1 Column 2\nOrder of transfer of a Territory prisoner to a\nparticipating State or another Territory for\nprisoner's welfare\nthe Territory\nOrder of transfer to a participating State or another\nTerritory for the welfare or trial of a:\n(a) joint prisoner serving Territory and\nCommonwealth sentences where the\nCommonwealth sentence is of the same or\ngreater length;\nCommonwealth\n(b) joint prisoner serving longer Territory\nsentence than Commonwealth sentence\nthe Territory\nOrder of transfer of a Territory prisoner to a\nparticipating State or other Territory for the\nprisoner's trial\nparticipating State or\nCommonwealth\n\nPart V Miscellaneous\nPrisoners (Interstate Transfer) Regulations 1984 10\nColumn 1 Column 2\nOrder of transfer to return prisoner to a\nparticipating State or other Territory after being\ndealt with according to law\nthe Territory\n26 Information relating to prisoner to be sent to participating\nState\nWhere a copy of an order of transfer or other document is to be\nsent, pursuant to section 24(1) of the Act, to the corresponding\nMinister of a participating State, or to some person for the time\nbeing designated by the corresponding Minister, the copy shall be\ncertified by the Commissioner of Correctional Services or by some\nperson for the time being designated by the Commissioner.\n27 Information relating to person received from participating\nState\nWhere:\n(a) under an interstate law, an order is issued for the transfer to\nthe Territory of a person imprisoned in a participating State;\nand\n(b) the person is brought into the Territory pursuant to the order,\nthe order and other documents, or copies of them, sent by the\ncorresponding Minister to the Minister or person for the time being\ndesignated by the Minister shall, after completion of any action\nrequired in relation to them, be:\n(c) forwarded to the Commissioner of Correctional Services; and\n(d) retained with the person's warrant papers.\n28 Lawful custody for transit through the Territory\nWhere, pursuant to section 29 of the Act, the Commissioner of\nCorrectional Services receives a person who is the subject of an\norder of transfer from one participating State or other Territory to\nanother participating State or Territory and detains him in custody,\nthe Commissioner shall endorse on the copy of the order of transfer\nissued in relation to the person delivered to the Commissioner by\nthe escort the time and date of:\n(a) the receipt of the person into custody; and\n(b) the delivery of the person to the custody of the escort.\n\nPart V Miscellaneous\nPrisoners (Interstate Transfer) Regulations 1984 11\n29 Return of person in transit to original State\n(1) For the purposes of section 30(2) of the Act, a warrant ordering a\nperson to be returned to the participating State in which the order of\ntransfer in relation to the person was issued shall be in accordance\nwith Form 11.\n(2) A warrant referred to in subregulation (1) shall direct that the person\nwho is the subject of the warrant be returned to the prison in the\nparticipating State from which he was transferred pursuant to the\norder of transfer issued in relation to the person.\n30 Revocation of order of transfer\nFor the purposes of section 32 of the Act:\n(a) an application to the Local Court to revoke an order of transfer\nshall be in accordance with Form 12; and\n(b) the prescribed office the holder of which may make an\napplication referred to in subregulation (1) is the office of:\n(i) Commissioner of Correctional Services;\n(ii) member within the meaning of the Police Administration\nAct 1978; or\n(iii) probation and parole officer.\n31 Procedure relating to property on transfer of person\n(1) Where a person is about to be released from a prison for escort to a\nparticipating State or other Territory pursuant to an order of transfer\nor a warrant issued under the authority of the Act, the\nCommissioner of Correctional Services shall give or cause to be\ngiven to the person an opportunity to inspect:\n(a) the personal property, if any, belonging to the person and in\nthe custody of the Commissioner; and\n(b) all official records at the prison relating to money, if any,\nbelonging to the person.\n(2) Where a person referred to in subregulation (1):\n(a) inspects the personal property, if any, belonging to him and in\nthe custody of the Commissioner of Correctional Services and\nany records referred to in subregulation (1)(b); and\n\nPart V Miscellaneous\nPrisoners (Interstate Transfer) Regulations 1984 12\n(b) wishes to make a complaint relating to the condition of, or a\ndeficiency in, that property or a mistake in those records,\nhe may make that complaint in writing.\n(3) A person referred to in subregulation (1) who makes a complaint\nreferred to in subregulation (2) shall deliver it to:\n(a) the Commissioner of Correctional Services; or\n(b) a prison officer at the prison in which the person is detained\nwho shall, as soon as practicable, convey the complaint to the\nCommissioner.\n(4) The Commissioner of Correctional Services shall:\n(a) investigate a complaint made under subregulation (2) by a\nperson that is delivered or conveyed to the Commissioner, or\ncause such complaint to be investigated; and\n(b) report the result, if any, of the investigation, or cause it to be\nreported, to the person before the release of the person for\nescort to a participating State or other Territory.\n(5) Where it is brought to the attention of the Commissioner of\nCorrectional Services that:\n(a) the result of an investigation carried out in response to a\ncomplaint made under subregulation (2) by a person is not to\nthe satisfaction of the person; or\n(b) an investigation of such a complaint has not been completed\nbefore the release of the person for escort to a participating\nState or other Territory,\nthe Commissioner must, as soon as practicable, notify the Minister\nof the complaint and the result of the investigation, or the fact that\nthe investigation has not been completed, as the case requires.\n32 Transfer of person's property\n(1) Where a person is released from a prison and escorted to a\nparticipating State or another Territory pursuant to an order of\ntransfer or a warrant issued under the authority of the Act, all\nmoney belonging to the person which is in the control and custody\nof the Commissioner of Correctional Services must be remitted by\nthe Commissioner to the person in charge of the prison in the\nparticipating State or other Territory to which the person is to be\nescorted, for credit to the person's account.\n\nPart V Miscellaneous\nPrisoners (Interstate Transfer) Regulations 1984 13\n(2) The Commissioner of Correctional Services must inform the\nperson, or cause the person to be informed, in writing, of the\namount remitted under subregulation (1) to the person in charge of\nthe prison in the participating State or other Territory for credit to\nthe person's account.\n(3) When being escorted to a participating State or another Territory a\nperson being transferred under the Act may be permitted to take so\nmuch personal clothing and other articles of personal property\nbelonging to the person as, in the opinion of the escort, can be\nsafely and conveniently taken with the person to the participating\nState or other Territory.\n(4) Articles of personal property belonging to a person being\ntransferred under the Act, being articles which are either in the\nperson's physical possession at a prison or in the custody of the\nCommissioner of Correctional Services and which are not taken\nwith person, may be:\n(a) disposed of by the Commissioner of Correctional Services in\naccordance with written directions, if any, given by the person;\nor\n(b) may be forwarded to the person in the participating State or\nother Territory,\nat the person's risk and expense.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 14\nSchedule\nFORM 1\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 5\nregulation 4(1)\nREQUEST BY PRISONER FOR TRANSFER TO PARTICIPATING STATE\nOR ANOTHER TERRITORY FOR PRISONER'S WELFARE\nI, (full name and aliases) currently a prisoner held at in the\nTerritory, hereby request, in the interests of my welfare, to be considered for\ntransfer to the State/Territory* of , a participating State/another\nTerritory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 to\nserve the balance of my sentence(s).\n(The following questions are to be answered by the prisoner)\nQ. Has an appeal been lodged against the prisoner's conviction\nor sentence?\nA.\nQ. If so, has the appeal been determined? A.\nQ. Is there any outstanding charge, complaint or information\nagainst the prisoner under a law in force in the Territory, the\nCommonwealth, a State or another Territory yet to be dealt\nwith?\nA.\nQ. Has there been a petition for, or is there pending, an inquiry\ninto the prisoner's conviction or sentence?\nA.\nThe request is made on the following grounds+:\n(See regulation 5 of the Prisoners (Interstate Transfer) Regulations 1984\nprinted below)\nFor the purposes of this request I consent to any reports, assessments or\nother information obtained or supplied in respect of me being sent to the\nappropriate Minister in the participating State/the Attorney-General of the\nCommonwealth*.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 15\nI understand that, on transfer:\n(a) the sentence(s) of imprisonment imposed on me in the\nTerritory shall be deemed to have been imposed on me in the\nparticipating State/other Territory*;\n(b) I will be subject to the provisions of the rules and regulations\napplying to prisoners in that State/Territory*; and\n(c) I may be subject to reclassification under those provisions.\nDate Signed\n__________________________________________________________\n* Delete whichever is inapplicable.\n+ If insufficient space use additional sheet.\nRegulation 5 of the Prisoners (Interstate Transfer) Regulations 1984 is as\nfollows:\n\"A prisoner's request shall include a statement as to:\n(a) family or near family support in the participating State or other\nTerritory to which the request relates, including the availability\nof accommodation upon the prisoner's release from prison;\n(b) family or other social circumstances that may benefit the\nwelfare of the prisoner either during imprisonment or following\nrelease from prison;\n(c) medical reasons, if any, in support of the request;\n(d) prospects of employment following release from prison; and\n(e) any other matters that the prisoner wishes to put forward in\nsupport of the request.\".\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 16\nFORM 2\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 5\nregulation 9\nORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER\nTERRITORY FOR PRISONER'S WELFARE\nTO the Commissioner of Correctional Services\nAND TO\nthe escort(s) for the purposes of executing this order.\nWHEREAS:\n(a) (full name) (in this order referred to as the prisoner) was on (date) at\n(court), for the offence(s) of\nsentenced to (aggregate term) imprisonment:\n(b) I, the Minister for Correctional Services, following receipt of a written\nrequest from the prisoner for transfer to a participating State/another\nTerritory*, am of the opinion that, in the interests of the welfare of the\nprisoner, the prisoner should be transferred to the State/Territory* of\n, a participating State/another Territory* for the\npurposes of the Prisoners (Interstate Transfer) Act 1983 (in this order\nreferred to as the Act), to serve the balance of the sentence(s) of\nimprisonment in accordance with the interstate law of that participating\nState, as defined in section 3(1) of the Act/the Transfer of Prisoners\nAct 1983 of the Commonwealth*:\n(c) The corresponding Minister of the participating State/Attorney-General\nof the Commonwealth* has given his or her written consent to the\ntransfer of the prisoner to the participating State/other Territory*:\nNOW, THEREFORE, I HEREBY COMMAND YOU:\n(d) the Commissioner of Correctional Services, to deliver the prisoner,\ntogether with this order, into the custody of the above-named escort(s);\n(e) the above-mentioned escort(s), to take and safely keep custody of the\nprisoner for the purpose of conveying the prisoner from the Territory to\nthe participating State/other Territory* and there delivering the prisoner,\ntogether with this order, into the custody of the person in charge of the\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 17\nprison at\nin the participating State/other Territory*,\nand for your so doing this order shall, subject to section 6 of the Prisoners\n(Interstate Transfer) Act 1983, be your sufficient authority.\nDate\nMinister for Correctional Services\n* Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 18\nFORM 3\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 10(1)(b)\nregulation 12(1)\nREQUEST BY PRISONER FOR TRANSFER TO PARTICIPATING STATE\nOR ANOTHER TERRITORY TO BE DEALT WITH ACCORDING TO LAW\nI, (full name and aliases) currently a prisoner held at ,\nhereby request that I be transferred to the State/Territory* of , a\nparticipating State/another Territory* for the purposes of the Prisoners\n(Interstate Transfer) Act 1983 to be dealt with in that participating State/other\nTerritory* according to law for outstanding offence(s) alleged against me.\n(1) Details of the outstanding offences are as follows+:\n(2) There is no outstanding charge, complaint or information against me in\nthe Territory yet to be dealt with according to law, nor is there an\nappeal pending in respect of me in the Territory.\n(3) Matters outstanding or pending in the Northern Territory: (details)\nDate Signed\n__________________________________________________________\n* Delete whichever is inapplicable.\n+ Give details of prosecutor, date and nature of the alleged offence(s),\nthe court, if any, at which the proceedings are pending, or details of an\narrest warrant.\nNote: If outstanding offences alleged against the prisoner occurred in more\nthan one participating State/other Territory*, a separate request is to be made\nin respect of each participating State/other Territory*.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 19\nFORM 4\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 11(2)\nregulation 13(1)\nCERTIFICATE OF PRESCRIBED OFFICER\nWHEREAS:\n(a) (full name)\n(in this certificate referred to as the prisoner) was on (date) at (court)\nfor the offence(s) of\nsentenced to (aggregate term) imprisonment;\n(b) the prisoner is the subject of an arrest warrant issued in accordance\nwith the law of the Commonwealth/State/Territory* of , a\nparticipating State/another Territory* for the purposes of the Prisoners\n(Interstate Transfer) Act 1983;\n(c) the Attorney-General has received:\n*from the Attorney-General of the Commonwealth/ participating State*\na written request given under the provision of a law that corresponds to\nsection 16 of the Act, accompanied by a copy of the arrest warrant;\n*a written request made by the prisoner to the Minister for Correctional\nServices and referred to the Attorney-General,\nbeing a request for the transfer of the prisoner to the participating State/other\nTerritory* to be dealt with according to law:\nNOW, I, the Crown Law Officer, the prescribed officer for the purposes of\nsection 11(2) of the Act, hereby certify that the consents/consent and request*\nrequired under section 11(1) of the Act have been given or made for the\ntransfer of the prisoner to the participating State/other Territory* to be dealt\nwith according to law.\nDate Crown Law Officer\n* Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 20\nFORM 5\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 12(1)\nregulation 14(1)(b)\nAPPLICATION TO LOCAL COURT FOR THE ISSUE OF ORDER OF\nTRANSFER\nI, (name of applicant) the Commissioner of Correctional Services/a\nperson acting on behalf of the Commissioner* of Correctional Services,\nhereby make application to the Local Court, for the issue of an order of\ntransfer of (full name) (in this application referred to as the prisoner), at\npresent detained at to the State/Territory* of\n, a participating State/another Territory* for the purposes of the Prisoners\n(Interstate Transfer) Act 1983 (in this application referred to as the Act), to be\ndealt with according to law.\nThe prisoner was on (date) at (court) for the offence(s)\nof sentenced to (aggregate term) imprisonment.\nThe prisoner is the subject of an arrest warrant issued in accordance with the\nlaw of the Commonwealth/participating State/other Territory*.\nI attach a certificate issued in accordance with section 11(2) of the Act\ncertifying that the necessary consents/consent and request* required under\nsection 11(1) of the Act for the transfer of the prisoner to the participating\nState/other Territory* have been given or made.\nI ask that an order in writing be issued by the court, in accordance with\nsection 12(1) of the Act, directing the person in charge of the above-named\nprison to bring the prisoner before the court for determination as to whether an\norder of transfer shall be issued.\nDate Commissioner of Correctional Services\n______________________________________________________________\nTAKE NOTICE that this application will be heard and determined at the Local\nCourt at on the day of at 10.00 am.\n______________________________________________________________\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 21\nAn order in writing under section 12(1) of the Act has been made directing that\nthe prisoner be brought before the court on the above-mentioned date.\nDate Registrar of the Local Court\nat\nTo:\nthe applicant\nthe above-named prisoner\nthe Attorney-General.\n______________________________________________________________\n*Delete whichever is inapplicable.\nNote: This application is to be filed at the Local Court in quadruplicate.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 22\nFORM 6\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 12(1), 14(2)\nregulation 15\nORDER DIRECTING PERSON IN CHARGE OF PRISON TO BRING\nPRISONER BEFORE COURT\nTO the person in charge of the prison at\nand to all prison officers and members of the Police Force.\nWHEREAS (full name) (in this order referred to as the prisoner) is detained\nin custody in the above-named prison and should be in attendance before the\nunder-mentioned court in connection with:\nan application for/a review of a decision made to issue*,\nan order of transfer of the prisoner to a participating State or another Territory\nto be dealt with according to law:\nNOW,\n* this the [*Local Court/ Supreme Court],\n* I ________________, a person authorised by the Rules of the Supreme\nCourt,\nby this order made pursuant to section 12(1)/14(2)* of the Prisoners\n(Interstate Transfer) Act 1983 direct you, the person in charge of the above-\nnamed prison, or such prison officers or members of the Police Force charged\nby you to execute this order, to produce the prisoner, under secure conduct, in\nthe court at on the day of 19,\nat 10.00 am, and so from day to day until the prisoner's attendance is no\nlonger required by the court and, in due course, to return the prisoner to the\ncustody from which the prisoner has been brought.\nDate\n(Designation)\n* Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 23\nFORM 7\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 13(a)\nregulation 16(1)\nORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER\nTERRITORY FOR PRISONER'S TRIAL\n(ISSUED BY LOCAL COURT)\nTO the Commissioner of Correctional Services\nAND TO\nthe escort(s) for the purposes of executing this order\nWHEREAS:\n(a) (full name) (in this order referred to as the prisoner) was on (date) at\n(court) for the offence(s) of:\nsentenced to (aggregate term) imprisonment:\n(b) it has been established to the satisfaction of the Local Court that the\nprisoner is the subject of an arrest warrant issued in accordance with\nthe law of the Commonwealth/State/ Territory* of , a\nparticipating State/another Territory* for the purposes of the Prisoners\n(Interstate Transfer) Act 1983*, and that the Attorney-General and the\nAttorney-General of the participating State/Commonwealth* have\nconsented to or requested the transfer of the prisoner to the\nparticipating State/other Territory* to be dealt with according to law:\nNOW, this, the Local Court, issues this order for the transfer of the prisoner to\nthe participating State/other Territory* to be dealt with according to law.\nTHE LOCAL COURT, THEREFORE, COMMANDS:\n(c) the Commissioner of Correctional Services to deliver the prisoner,\ntogether with this order, into the custody of the above-mentioned\nescort(s):\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 24\n(d) the above-mentioned escort(s), to take and safely keep custody of the\nprisoner for the purpose of conveying the prisoner from the Territory to\nthe participating State/other Territory* and there delivering the prisoner,\ntogether with this order, into the custody of the person in charge of the\nprison at\nin the participating State/other\nTerritory*:\nand for your so doing, this order shall be your sufficient authority.\nDate Local Court Judge\n*Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 25\nFORM 8\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 14(6)\nregulation 16(2)\nORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER\nTERRITORY FOR PRISONER'S TRIAL (ISSUED BY SUPREME COURT)\nTO the Commissioner of Correctional Services\nAND TO\nthe escort(s) for the purposes of executing this order.\nWHEREAS:\n(a) (full name) (in this order referred to as the prisoner) was on (date) at\n(court), in the Territory for the offence(s) of\nsentenced to (aggregate term) imprisonment:\n(b) on (date) the Local Court, on an application for the issue of an order for\nthe transfer of the prisoner to the State/Territory* of\n, a participating State/another Territory* for the purposes of the\nPrisoners (Interstate Transfer) Act 1983 to be dealt with according to\nlaw made the following order:\n(substance of order)\n(c) (applicant for review) was dissatisfied with the decision of the Local\nCourt and applied to the Supreme Court for a review of the decision:\nNOW, I, the undersigned Supreme Court Judge, having reviewed the decision\nof the Local Court, hereby quash the decision AND, it having been established\nto my satisfaction that the prisoner is the subject of an arrest warrant issued in\naccordance with the law of the Commonwealth/participating State/other\nTerritory* and that the Attorney-General and the Attorney-General of the\nCommonwealth/participating State* have consented to or requested the\ntransfer of the prisoner to the participating State/other Territory* to be dealt\nwith according to law, do issue this order for the transfer of the prisoner to the\nparticipating State/other Territory* to be dealt with according to law:\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 26\nI, THEREFORE, HEREBY COMMAND YOU:\n(d) the Commissioner of Correctional Services, to deliver the prisoner,\ntogether with this order, into the custody of the above-mentioned\nescort(s):\n(e) the above-mentioned escort(s), to take and safely keep custody of the\nprisoner for the purpose of conveying the prisoner from the Territory to\nthe participating State/other Territory* and there delivering the prisoner,\ntogether with this order, into the custody of the person in charge of the\nprison at\nin the participating State/other\nTerritory*:\nand for your so doing, this order shall be your sufficient authority.\nDate Supreme Court Judge\n*Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 27\nFORM 9\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 18\nregulation 18\nORDER OF TRANSFER TO RETURN PERSON TO ORIGINAL STATE OR\nTERRITORY AFTER BEING DEALT WITH ACCORDING TO LAW\nTO the Commissioner of Correctional Services\nAND TO\nthe escort(s) for the purposes of executing this order.\nWHEREAS:\n(a) (full name) (in this order referred to as the prisoner) was on (date) at\n(court), in the State/ Territory* of , a participating\nState/another Territory* for the purposes of the Prisoners (Interstate\nTransfer) Act 1983 (in this order referred to as the Act) for the offences\nof\nsentenced to (aggregate term) imprisonment:\n(b) the prisoner was transferred to the Territory from the above-named\nparticipating State/other Territory* pursuant to an order of transfer\nissued under a provision of the interstate law of that participating\nState/other Territory* for the purpose of being dealt with according to\nlaw:\n(c) so far as I, the Minister for Correctional Services, am aware, every\ncomplaint or information alleging an offence by the prisoner against the\nlaw in force in the Territory has been finally dealt with according to law\nand as a result the prisoner:\n*did not become liable to serve a sentence of imprisonment in the\nTerritory;\n*was on (date) at (court) in the Territory, for the offence(s) of\nsentenced to (aggregate term) imprisonment,\nAND the term of imprisonment remaining to be served in the Territory is\nshorter than the period of imprisonment remaining to be served by the\nprisoner under the translated sentence;\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 28\nNOW, THEREFORE, I, the Minister for Correctional Services, pursuant to\nsection 18 of the Act, issue this order for the transfer of the prisoner to the\nparticipating State/other Territory* to serve the period of imprisonment\nremaining to be served by the prisoner in that State/Territory*.\nI HEREBY COMMAND YOU:\n(d) the Commissioner of Correctional Services to deliver the prisoner,\ntogether with this order, into the custody of the above-mentioned\nescort(s):\n(e) the above-mentioned escort(s), to take and safely keep custody of the\nprisoner for the purpose of conveying the prisoner from the Territory to\nthe participating State/other Territory* and there deliver the prisoner,\ntogether with this order, into the custody of the person in charge of the\nprison at\nin the participating State/other\nTerritory*;\nand for your so doing, this order shall, subject to section 19 of the Act, be your\nsufficient authority.\nDate Minister for Correctional Services\n*Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 29\nFORM 10\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 21(1)(a)\nRegulation 23\nAGREEMENT THAT PRISONER SHOULD SERVE HIS OR HER\nIMPRISONMENT IN THE NORTHERN TERRITORY OF AUSTRALIA\nTO the Commissioner of Correctional Services\nWHEREAS:\n(a) (full name) (in this order referred to as the prisoner) was on (date) at\n(court), in the State/Territory* of , a participating\nState/another Territory*, for the purposes of the Prisoners (Interstate\nTransfer) Act 1983 (in this agreement referred to as the Act), for the\noffences of\nsentenced to (aggregate term) imprisonment:\n(b) the prisoner was transferred to the Territory pursuant to the Act for the\npurpose of being dealt with according to law;\n(c) the prisoner was on (date) at (court) in the Territory, for the offence(s)\nof\nsentenced to (aggregate term) imprisonment:\n(d) by reason of the shorter sentence of imprisonment imposed in the\nTerritory, the prisoner is liable to be transferred back to the participating\nState/other Territory* pursuant to Part IV of the Act to serve the longer\nsentence of imprisonment;\n(e) the prisoner has made a written request to the Minister for Correctional\nServices to serve the longer sentence of imprisonment in the Territory:\n(f) the Attorney-General of the Commonwealth, the corresponding Minister\nof the participating State and I, the Minister for Correctional Services,\nhave agreed in writing that it is in the interests of the welfare of the\nprisoner that the prisoner should serve the longer sentence of\nimprisonment in the Territory,\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 30\nNOW, THEREFORE, THIS IS TO COMMAND YOU, the Commissioner of\nCorrectional Services, to receive the prisoner into your custody for the\npurpose of serving the longer sentence of imprisonment in accordance with\nthe Act and for your so doing this order shall be your sufficient authority.\nDate Minister for Correctional Services\n*Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 31\nFORM 11\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 30(2)\nregulation 29(1)\nWARRANT ORDERING PERSON TO BE RETURNED TO THE\nPARTICIPATING STATE IN WHICH AN ORDER OF TRANSFER WAS\nISSUED\nTO the senior officer of Police at ,\nand to all other members of the Police Force.\nTO the Commissioner of Correctional Services\n.\nAND TO\nthe escort(s) for the purposes of the Prisoners (Interstate Transfer)\nAct 1983 (in this warrant referred to as the Act).\nWHEREAS:\n(a) (full name) (in this warrant referred to as the prisoner), a person\nsubject to an order of transfer issued under an interstate law of the\nState of , a participating State for the purposes of the Act,\nbeing a person in lawful custody pursuant to section 29 of the Act for\ntransit through the Territory was, before the Local Court at (address) on\n(date) , proved to have escaped/attempted to have escaped* from\nsuch lawful custody;\n(b) notwithstanding the terms of the order of transfer issued in the above-\nnamed participating State, it was ordered by the Local Court that the\nprisoner be returned to the participating State and, for that purpose, it\nwas also ordered that the prisoner be delivered to an escort:\nI, THEREFORE, HEREBY COMMAND YOU:\n(c) the above-mentioned senior officer of Police and all other members of\nthe Police Force, and the Commissioner of Correctional Services, to\nreceive the prisoner and detain the prisoner in your custody:\n(i) until the prisoner is delivered into the custody of the escort(s) to\nwhom this warrant is directed, together with this warrant, for the\npurpose of being returned to the participating State; or\n(ii) until the expiration of a period of 7 days after the date of this\nwarrant,\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 32\nwhichever first occurs; and\n(d) the above-mentioned escort(s), to take and safely keep custody of the\nprisoner for the purpose of conveying the prisoner from the Territory to\nthe participating State:\nand for your so doing, this warrant shall be your sufficient authority.\nIn the event of the prisoner not being delivered into the custody of an escort to\nwhom this warrant is directed within a period of 7 days after the date of this\nwarrant, this warrant shall have no further effect and the prisoner shall be\ndischarged in respect of this warrant.\nDate Justice of the Peace\n*Delete whichever is inapplicable.\n\nSchedule\nPrisoners (Interstate Transfer) Regulations 1984 33\nFORM 12\nNORTHERN TERRITORY OF AUSTRALIA\nPrisoners (Interstate Transfer) Act 1983\nsection 32\nregulation 30(a)\nAPPLICATION TO LOCAL COURT TO REVOKE AN ORDER OF\nTRANSFER\nI, , of ,\nthe Commissioner of Correctional Services/member of the Police\nForce/probation and parole officer*, hereby make application to the Local\nCourt for the revocation of the order of transfer issued by\non for the transfer of\n(in this application referred to as the prisoner) to\nthe State/Territory* of a participating\nState/another Territory* for the purposes of the Prisoners (Interstate Transfer)\nAct 1983.\nThe application is made on the ground(s) that the prisoner has committed the\nfollowing offence(s):\nDate Commissioner of Correctional Services\nMember of the Police Force\nProbation and parole Officer*\n______________________________________________________________\nTAKE NOTICE that this application will be heard and determined at the Local\nCourt at , on the day of 19 , at 10.00 am.\nDate Registrar of the Local Court\nat\nTo the applicant\nthe above-named prisoner.\n______________________________________________________________\n*Delete whichever is inapplicable.\nNote: This application is to be filed at the Local Court in triplicate.\n\nENDNOTES\nPrisoners (Interstate Transfer) Regulations 1984 34\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\nPrisoners (Interstate Transfer) Regulations (SL No. 57, 1984)\nNotified 21 September 1984\nCommenced 21 September 1984 (r 2, s 2 Prisoners (Interstate Transfer)\nAct 1983 (Act No. 7, 1983) and Gaz S50, 21 September 1984,\np 1)\nAmendments of Prisoners (Interstate Transfer) Regulations (SL No. 2, 1992)\nNotified 12 February 1992\nCommenced 12 February 1992 (r 1, s 2 Prisoners (Interstate Transfer)\nAmendment Act 1989 (Act No. 9, 1989) and Gaz G6,\n12 February 1992, p 3)\nAmendment of Prisoners (Interstate Transfer) Regulations (SL No. 39, 1996)\nNotified 7 August 1996\nCommenced 7 August 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 (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nStatute Law Revisions Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\n\nENDNOTES\nPrisoners (Interstate Transfer) Regulations 1984 35\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: rr 1, 3 and 30 and sch.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 27, 2014, s 57; Act No. 10, 2018, s 6\nr 4 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57\nr 5 amd No. 2, 1992, r 7\nr 6 amd Act No. 27, 2014, s 57\nr 8 amd No. 2, 1992, r 7\nr 9 sub No. 2, 1992, r 3\nr 10 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57\nrr 11 – 12 amd No. 2, 1992, r 7\nrr 13 – 14 amd Act No. 27, 2014, s 57; Act No. 9, 2016, s 160\nr 15 amd Act No. 27, 2014, s 57\nr 16 amd Act No. 9, 2016, s 160\nr 17 amd Act No. 27, 2014, s 57\nr 18 amd No. 2, 1992, r 7\nr 19 rep No. 2, 1992, r 4\nr 20 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57\nr 21 rep No. 2, 1992, r 4\nr 22 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160\nr 23 amd No. 2, 1992, r 7\nr 24 amd Act No. 27, 2014, s 57\nr 25 sub No. 2, 1992, r 5\nrr 26 – 27 amd Act No. 27, 2014, s 57\nr 28 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57\nr 29 amd No. 2, 1992, r 7\nr 30 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160\nrr 31 – 32 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57\nsch sub No. 2, 1992, r 6\namd No. 39, 1996; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160","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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations remain a procedural and administrative implementation of the Prisoners (Interstate Transfer) Act 1983: they prescribe forms, reporting, certification, court steps, transit handling, property procedures and a default allocation of escort costs. Amendments noted in the endnotes are largely updates to cross-references and formal provisions (for example to reflect later Acts) rather than substantive expansions of the regulatory purpose. The instrument has not materially broadened beyond its original purpose of governing inter‑jurisdictional prisoner transfers; changes have been technical and operational rather than scope‑expanding."},"complexity_factors":["Multiple distinct transfer pathways (welfare, trial, return) with different procedural steps (Parts II–IV)","12 prescribed forms in the Schedule (Forms 1–12) that must be used and completed per directions","Cross-references to the parent Act and to other legislation (e.g. Sentencing Act 1995, Parole Act 1971, Correctional Services Act 2014) increasing contextual dependency","Several decision-makers and gatekeepers (Minister, Attorney-General, Commissioner, Crown Law Officer, Local Court / Supreme Court) each with distinct functions","Conditional logic and timelines (e.g. 12‑month refusal discretion in reg 7; 14‑day prisoner comment period in reg 11(2))","Administrative requirements that raise transaction costs: quadruplicate Local Court filings (reg 14(1)(c)), certification steps (reg 13), and requirements to collect medical/psychiatric/behaviour reports (regs 4(3), 6)","A cost‑allocation table for escort expenses (reg 25) that varies by transfer type and by whether sentences are Commonwealth/State/Territory","Procedures for property accounting and complaint handling on transfer (regs 31–32) requiring investigation and reporting","Provisions dealing with transit custody and escape/return warrants (regs 28–29) that impose specific record-keeping and contingency steps"],"plain_english_summary":"**What these Regulations do (mechanics)\n\n- These Regulations set out the detailed paperwork, processes and responsibilities for transferring prisoners between the Northern Territory (the Territory) and other Australian States or Territories that participate in the interstate transfer arrangements.  They operate under the Prisoners (Interstate Transfer) Act 1983.\n\n- They establish three main transfer pathways and the steps for each:\n  - Transfer for the prisoner's welfare (Part II: regs 4–10): a prisoner can apply in writing (Form 1). The Commissioner of Correctional Services prepares conviction/sentence details, behaviour reports and requests probation/parole inputs (reg 4(3)). The Minister decides whether to request the receiving jurisdiction's agreement and must send supporting reports (reg 8). If agreed, the Minister issues an Order of Transfer (Form 2, reg 9).\n  - Transfer for trial (Part III: regs 11–17): the Attorney‑General of a participating State or the prisoner can seek transfer so the prisoner can be tried or otherwise dealt with according to law in another jurisdiction. Written requests/certificates (Forms 3–4) and court applications (Form 5) are required; Local Court or Supreme Court review may issue the transfer order (Forms 6–8).\n  - Transfer back to original State after the person has been dealt with in the Territory (Part IV: regs 18–24): procedures for returning a person to the sending State, or for a person to request staying in the Territory (Forms 9–10).\n\n- The Regulations prescribe supporting administrative steps: how to certify and forward documents (reg 26), how to deal with prisoners in transit and how to record custody times (reg 28), how to return escaped persons in transit (Form 11, reg 29), how to revoke transfer orders (Form 12, reg 30), and how to handle prisoners' property and money on transfer (regs 31–32).\n\n**Who is affected\n\n- Prisoners: can request transfers (for welfare or to be tried elsewhere) and are subject to reclassification and the receiving jurisdiction's prison rules on transfer (Form 1 and reg 4 notes).\n- Commissioner of Correctional Services: prepares reports, certifies documents, manages custody, handles property and money on transfer, and conducts inquiries and notifications specified in the Regulations (regs 4, 26, 31–32).\n- Minister for Correctional Services and Attorney‑General(s): exercise the discretionary decisions to request or consent to transfers and send/receive supporting documentation (regs 6–9, 11–14, 22–23).\n- Courts (Local Court and Supreme Court): determine some transfer applications and may issue transfer orders for trial transfers (Part III, regs 14–16).\n- Police, escorts and correctional staff: execute custody, escort arrangements and manage transit custody records (regs 25, 28–29).\n- Probation and parole officers and medical/psych reports: provide input and opinions on welfare transfer requests (regs 4(3)(c), 5–6).\n\n**Why it matters (practical effects and decision points)\n\n- It standardises form, evidence and inter‑jurisdictional communication so transfers are done under a consistent administrative regime (schedule forms 1–12; regs 26–27).\n- It allocates responsibilities and costs for escorts in specific situations (reg 25 Table) so jurisdictions know who bears the expense in typical transfer types.\n- It requires substantive information to accompany requests (convictions, non‑parole periods, conduct reports, medical/psychiatric assessments, family/employment prospects) so welfare and public safety considerations are documented (regs 4(3), 5–6).\n- It preserves multiple decision points and checks: Ministerial discretion, Attorney‑General sign‑offs, court scrutiny for trial transfers, and the ability to refuse repeated requests within 12 months absent changed circumstances (reg 7).\n\n**Trade‑offs, costs, incentives and operational risks (practical testing of purpose claims)\n\n- Administrative cost and time: the rules require multiple reports, medical/psychiatric information when relevant, quadruplicate court filings (reg 14(1)(c)) and certification by Crown Law Officers for certain transfers (reg 13). That raises staff time and inter‑agency coordination costs.\n\n- Delay risk: the transfer decision depends on gathering reports, waiting for consent from another jurisdiction, and possible court hearings. Regulation 6(3)(e) recognises the risk by allowing the Minister to consider remaining term length against expected processing time.\n\n- Discretion and legal thresholds: Ministers and Attorneys‑General retain discretion (regs 6, 7, 8, 11–14). That concentrates decision power in officials and creates reliance on the thoroughness and timeliness of reports the Commissioner and other agencies provide.\n\n- Information flows and privacy: the Regulations mandate sharing medical, psychiatric, psychological and prison conduct reports with other jurisdictions (reg 6 and reg 8(d)). This enables assessment but requires secure handling and timely certification (reg 26).\n\n- Cost allocation and incentives between jurisdictions: reg 25's Table prescribes who normally meets escort costs in common situations. That allocation can affect negotiations when jurisdictions weigh accepting transfers (the Regulations allow agreements to differ from the Table).\n\n- Impact on prisoners' legal position and detention conditions: transferred prisoners become subject to the receiving jurisdiction's prison rules and can be reclassified (Form 1 notes). Sentence translation and differences in regime can affect detention conditions and release timing; the Regulations set steps for managing those effects (regs 18, 23, Schedule Forms 9–10).\n\n- Compliance burden on prisoners: prisoners must use prescribed forms and submit supporting statements (Forms 1 and 3; regs 4 and 12), understand that appeals or pending charges influence decisions (reg 6(3)(a)–(d)), and that repeated requests may be refused within 12 months absent significant change (reg 7).\n\n**Who pays, who decides, and what behaviour changes\n\n- Who pays: escort costs are allocated by reg 25's Table (e.g. Territory bears cost for welfare transfers of Territory prisoners; Commonwealth bears cost for certain joint prisoner transfers when Commonwealth sentence is same or longer; participating State or Commonwealth may bear costs for trial transfers) unless there is a contrary agreement between jurisdictions.\n- Who decides: Minister for Correctional Services and Attorney‑General(s) make consent/transfer decisions; the Commissioner supplies reports and executes custody; courts decide some trial transfer applications; police and escorts execute physical movement.\n- Behaviour changes: prisoners may apply for transfer to access family support or address outstanding charges elsewhere; agencies must gather and exchange specified reports and follow prescribed forms and certification procedures.\n\n**Implementation risks and practical notes\n\n- Timeliness of medical/psych reports and of receiving‑jurisdiction consents is a key operational risk (regs 6, 8).\n- Differences in prison regimes and sentence translation may cause practical issues on arrival (Form 1, regs 18, 23).\n- The Regulations largely specify processes and paperwork; their effective operation depends on inter‑jurisdictional cooperation, prompt sharing of certified documents and clarity on escort logistics.\n\n(Referenced provisions: regs 4–10 (welfare transfers), 11–17 (trial transfers), 18–24 (returns and serving imprisonment), 25 (escort cost table), 26–32 (information, transit custody and property), Schedule Forms 1–12.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of operationalising the 1983 Act. While they have been updated to reflect changes in related legislation (such as the Correctional Services Act 2014 and Local Court restructuring), the core scope—administrative procedures for prisoner transfers—has not expanded beyond the original intent."},"complexity_factors":["Multiple cross-references to the parent Act (Prisoners (Interstate Transfer) Act 1983) and other NT legislation (Sentencing Act 1995, Parole Act 1971, Correctional Services Act 2014, Criminal Code, Police Administration Act 1978)","12 detailed statutory forms in the Schedule with specific completion requirements and alternative clauses marked with asterisks","Conditional logic regarding cost allocation for escorts based on prisoner type (Territory vs joint prisoner) and purpose of transfer (welfare vs trial), set out in a Table at regulation 25","Nested procedural requirements for welfare transfers involving multiple decision-makers (Commissioner, Minister, corresponding Minister, probation and parole officers)","Specific time limits (14 days for prisoner comments on trial transfers, 12-month cooling-off period for repeated welfare requests, 7-day validity for return warrants)","Dual court pathways (Local Court and Supreme Court) for trial transfers with different forms for each","Regulation numbering gaps (missing regulations 19 and 21) indicating historical amendments without renumbering"],"plain_english_summary":"These regulations set out the practical rules for moving prisoners between the Northern Territory and other Australian states or territories. They cover three main situations: when a prisoner wants to move for their own welfare (to be closer to family or for medical care), when a prisoner needs to be moved to face charges or trial in another jurisdiction, and when a prisoner needs to be returned to their original state after being dealt with elsewhere.\n\n**Key things the regulations do:**\n\n*   **Welfare transfers (Part II):** A prisoner can ask to be moved to another state if it's better for their wellbeing. The request must include details about family support, medical needs, and job prospects. The Minister considers reports from prison and parole officers before deciding. The prisoner can't ask again for 12 months unless circumstances change significantly.\n\n*   **Trial transfers (Part III):** If a prisoner faces charges in another state, they can be transferred there to face court. This requires consent from both Attorneys-General and a court order. The Local Court issues the initial order, but the Supreme Court can review decisions.\n\n*   **Returning prisoners (Part IV):** After a prisoner is transferred to the NT for trial and sentenced, if their original sentence elsewhere is longer, they normally go back. However, they can ask to stay in the NT to serve the longer sentence if all parties agree it's in their welfare interests.\n\n*   **Practical arrangements (Part V):** The regulations specify who pays for escorts (usually the Territory for welfare transfers, but the other state or Commonwealth for trial transfers), how prisoner property and money is handled during moves, and what happens if a prisoner escapes during transit.\n\n*   **Forms:** The Schedule contains 12 standardised forms for requests, court orders, and warrants, ensuring paperwork is consistent across jurisdictions.\n\n**Why it matters:** These rules ensure prisoners can be moved safely and legally between jurisdictions while protecting their rights, ensuring proper custody arrangements, and clarifying who bears the costs."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the information available, the regulations appear to remain focused on their original 1984 purpose: providing procedural rules for the interstate transfer of prisoners. The 2018 commencement date likely reflects a reprint or administrative update rather than a substantive change in scope. There is no evidence of scope creep or significant deviation from the original intent."},"complexity_factors":["Limited legislative detail is provided in the text supplied, making full analysis difficult","Regulations (as opposed to Acts) are generally more procedural and technical in nature, adding some complexity","The interaction between these regulations and the parent Prisoners (Interstate Transfer) Act requires understanding of the broader legislative framework","Multi-jurisdictional subject matter (interstate transfers) involves coordination between different state and territory legal systems","The gap between the 1984 origin date and the 2018 commencement date suggests amendments or reprints that may have introduced layered changes over time"],"plain_english_summary":"These regulations set out the procedural rules for transferring prisoners between Australian states and territories, supporting the Prisoners (Interstate Transfer) Act. They govern the paperwork, consent and administrative steps corrections authorities must follow.\n\nThey affect sentenced prisoners seeking transfer, prison administrators and corrections officers, and are administered by the Department of Corrections. They matter where family, legal proceedings or other ties make relocation necessary and are currently in force."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-regulations-1984","history":"/api/acts/prisoners-interstate-transfer-regulations-1984/history","analysis":"/api/acts/prisoners-interstate-transfer-regulations-1984/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-regulations-1984/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-regulations-1984/important-cases","documents":"/api/acts/prisoners-interstate-transfer-regulations-1984/documents"}}