{"id":"prisoners-interstate-transfer-regulations-2010","name":"Prisoners (Interstate Transfer) Regulations 2010","slug":"prisoners-interstate-transfer-regulations-2010","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236783,"registerId":"sa-prisoners-interstate-transfer-regulations-2010-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prisoners (Interstate Transfer) Regulations 2010","content":"South Australia\nPrisoners (Interstate Transfer) Regulations 2010\nunder the Prisoners (Interstate Transfer) Act 1982\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tSection 13 certificate\n5\tCertification of copy documents\n6\tApplication for revocation of order of transfer\nSchedule 1—Revocation of Prisoners (Interstate Transfer) Regulation 1984\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Prisoners (Interstate Transfer) Regulations 2010.\n2—Commencement\nThese regulations will come into operation on 1 September 2010.\n3—Interpretation\nIn these regulations—\nAct means the Prisoners (Interstate Transfer) Act 1982;\nchief executive means the person holding or acting in the position of chief executive of the Department;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act.\n4—Section 13 certificate\nFor the purposes of section 13(2) of the Act, the Crown Solicitor is a prescribed officer.\n5—Certification of copy documents\nFor the purposes of section 26(2) of the Act, a copy of an order or document referred to in section 26(1) of the Act is certified in the prescribed manner if—\n\t(a)\tthe copy is endorsed with a statement that indicates—\n\t(i)\tthe name of the person certifying the copy; and\n\t(ii)\tthe position in the Department held by the person certifying the copy; and\n\t(iii)\tthat the copy is certified to be a true and accurate copy of the original order or document; and\n\t(b)\tthe endorsement is signed by or on behalf of the chief executive.\n6—Application for revocation of order of transfer\nFor the purposes of section 34 of the Act, the following offices are prescribed:\n\t(a)\tthe Minister;\n\t(b)\tthe Attorney‑General;\n\t(c)\tthe Director of Public Prosecutions;\n\t(d)\tthe chief executive.\nSchedule 1—Revocation of Prisoners (Interstate Transfer) Regulation 1984\nThe Prisoners (Interstate Transfer) Regulation 1984 is revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2010\n204\nGazette 26.8.2010 p4610\n1.9.2010: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether scope changed from original intent — the full text of the legislation was not retrievable. No analysis of amendments or scope drift is possible."},"complexity_factors":["Actual legislative text was unavailable — analysis is based on title only","Interstate transfer frameworks typically involve coordination between multiple jurisdictions, adding procedural complexity","Likely references parent legislation (such as the Prisoners (Interstate Transfer) Act) which must be read alongside the regulations","May involve constitutional considerations around how one state's laws are recognised in another (known as 'mutual recognition')","Regulations of this type can involve discretionary powers that are difficult to predict in practice"],"plain_english_summary":"These regulations set out the rules and procedures for transferring prisoners between South Australia and other Australian jurisdictions. They matter to inmates seeking relocation, prison administrators, legal representatives, and state correctional authorities because they define how transfer requests are made, who decides them, eligibility and conditions, and how a prisoner's sentence and parole status are recognised across borders."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing administrative machinery for the parent Act. The 2010 version appears to be a straightforward re-enactment/update of the 1984 regulations it replaces, without expansion into new policy areas."},"complexity_factors":["Only 6 substantive provisions (sections 1-6 plus a revocation schedule)","3 defined terms in the interpretation section (Act, chief executive, Department)","No nested exceptions or conditional logic — provisions are direct and prescriptive","Single cross-reference to parent Act (Prisoners (Interstate Transfer) Act 1982)","Straightforward procedural requirements without discretionary elements"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the administrative details for how prisoners are transferred between South Australia and other Australian states or territories under the *Prisoners (Interstate Transfer) Act 1982*.\n\n**Key things it covers:**\n\n*   **Who can certify documents:** The Crown Solicitor (a senior government lawyer) is appointed as the officer who can issue certificates needed for prisoner transfers.\n*   **How to certify copies:** It explains exactly how someone must sign off on copies of transfer orders or related documents — the copy must include the certifier's name, their job title, a statement that it's a true copy, and the signature of the chief executive (the head of the corrections department).\n*   **Who can apply to cancel a transfer:** It lists which officials can ask to revoke (cancel) a transfer order — the Minister, the Attorney-General, the Director of Public Prosecutions, or the chief executive.\n*   **Cleaning up old rules:** It officially cancels the old 1984 regulations, replacing them with this 2010 version.\n\n**Who it affects:**\n\nPrisoners being moved between states, prison staff who handle the paperwork, and government lawyers and officials involved in interstate corrections matters.\n\n**Why it matters:**\n\nInterstate prisoner transfers need clear, consistent paperwork so that legal orders are recognised across state borders. These rules ensure documents are properly authenticated and the right people have authority to challenge or cancel transfer decisions."},"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":2,"scope_assessment":{"changed":true,"description":"This instrument revokes the earlier Prisoners (Interstate Transfer) Regulation 1984 and replaces it with narrowly framed procedural rules: it prescribes the Crown Solicitor as an officer for section 13 certificates (r4), sets the required endorsement and chief executive signature for certified copies (r5), and lists offices permitted to apply for revocation of transfer orders (r6). The change is administrative and procedural rather than expanding substantive transfer powers."},"complexity_factors":["Short instrument with six operative regulations and a single schedule","Procedural/technical prescriptions rather than substantive legal changes","Direct cross-references to specific sections of the Prisoners (Interstate Transfer) Act 1982 (requires checking the Act for full effect)","Limited number of defined terms (Act, chief executive, Department)","Low discretionary content—rules specify offices and endorsement language rather than open standards"],"plain_english_summary":"These regulations set practical steps for implementing the Prisoners (Interstate Transfer) Act 1982. They name the Crown Solicitor as a prescribed officer for section 13 certificates, prescribe how copies of transfer orders must be endorsed and signed on behalf of the chief executive, list which offices may apply to revoke a transfer, and revoke the 1984 regulation. The rules affect correctional administrators and legal officers by clarifying who may certify documents and who may seek revocation, imposing modest administrative duties on the Department and listed offices (ss3–6)."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-regulations-2010","history":"/api/acts/prisoners-interstate-transfer-regulations-2010/history","analysis":"/api/acts/prisoners-interstate-transfer-regulations-2010/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-regulations-2010/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-regulations-2010/important-cases","documents":"/api/acts/prisoners-interstate-transfer-regulations-2010/documents"}}