{"id":"tas:sr-2023-075","name":"Prisoners (Interstate Transfer) Regulations 2023","slug":"prisoners-interstate-transfer-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"75 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179413,"registerId":"tas-tas:sr-2023-075-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Prisoners (Interstate Transfer) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-075) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 18 December 2023.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Prisoners (Interstate Transfer) Act 1982](/view/html/inforce/2026-04-12/act-1982-055) ;\n> \n> > ***prisoner’s request*** means a request of the kind referred to in [section 5(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS5@Gs1@Hpa@EN) of the Act;\n> \n> > ***Secretary*** means Secretary of the Department.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transfer for prisoner’s welfare","content":"# Part 2 Transfer for prisoner’s welfare","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"How prisoner may make request for transfer","content":"### 4 How prisoner may make request for transfer\n\n> > (1)  A prisoner’s request is to –\n> > \n> > > > (a) be signed by the prisoner; and\n> > > \n> > > > (b) include a statement as to –\n> > > > \n> > > > > > (i) family or other social circumstances that may advance the prisoner’s welfare before or after the prisoner’s release; and\n> > > > > \n> > > > > > (ii) family or other support in the relevant participating State, including the availability of accommodation after the prisoner’s release; and\n> > > > > \n> > > > > > (iii) the prisoner’s prospects of finding work after the prisoner’s release; and\n> > > > > \n> > > > > > (iv) any medical reasons that support the request; and\n> > > > > \n> > > > > > (v) any other matter that the prisoner considers may support the application.\n> \n> > (2)  The prisoner is to give the request to the gaoler of the prison where the prisoner is being detained.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Gaoler to process request for transfer","content":"### 5 Gaoler to process request for transfer\n\n> As soon as practicable after receiving a prisoner’s request, a gaoler must –\n> \n> > > (a) prepare a report containing –\n> > > \n> > > > > (i) a statement of the convictions and sentences for which the prisoner is being detained in custody; and\n> > > > \n> > > > > (ii) a statement of the prisoner’s parole and remissions status and the estimated day of the prisoner’s release (by remission); and\n> > > > \n> > > > > (iii) an assessment of the prisoner’s conduct and behaviour while in prison; and\n> > \n> > > (b) forward the request and the report prepared under [paragraph (a)](#GS5@Hpa@EN) to the Secretary.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prisoner may withdraw request for transfer","content":"### 6 Prisoner may withdraw request for transfer\n\n> > (1)  A prisoner who has made a prisoner’s request may, at any time before the request has been decided by the Minister, withdraw that request.\n> \n> > (2)  A withdrawal of a request is to –\n> > \n> > > > (a) be made in writing; and\n> > > \n> > > > (b) be signed by the prisoner; and\n> > > \n> > > > (c) contain a statement indicating the reason for withdrawing the request.\n> \n> > (3)  The prisoner is to give the written withdrawal under [subregulation (1)](#GS6@Gs1@EN) to the gaoler of the prison where the prisoner is being detained.\n> \n> > (4)  A gaoler who has received a written withdrawal is to, as soon as is practicable, forward the withdrawal to the Secretary.\n> \n> > (5)  If the request to which the written withdrawal relates has already been provided to the Minister, the Secretary is to forward the withdrawal to the Minister as soon as is practicable.\n> \n> > (6)  A prisoner who has made a written withdrawal is to be informed, in writing, of the outcome of the withdrawal.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Secretary to place request for transfer before Minister","content":"### 7 Secretary to place request for transfer before Minister\n\n> > (1)  The Secretary must place a prisoner’s request before the Minister as soon as practicable after receiving –\n> > \n> > > > (a) the request; and\n> > > \n> > > > (b) the related report prepared under [regulation 5(a)](#GS5@Hpa@EN) .\n> \n> > (2)  The Secretary may, and must if the Minister so requests, also provide the Minister which such medical, psychiatric or psychological reports or assessments in respect of the prisoner as are, or may be made, available to the Secretary.\n> \n> > (3)  The Secretary may provide the Minister with such other information as the Secretary considers relevant for a proper consideration of the prisoner’s request.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Matters relevant to Minister’s consideration of request for transfer","content":"### 8 Matters relevant to Minister’s consideration of request for transfer\n\n> The matters that the Minister may take into account in considering a prisoner’s request include, but are not limited to, the following:\n> \n> > > (a) whether the statutory period during which an appeal against the prisoner’s conviction or sentence may be made has expired;\n> > \n> > > (b) whether any appeal against the prisoner’s conviction or sentence has been finally dealt with;\n> > \n> > > (c) whether, so far as the Minister is aware, every complaint or information alleging an offence by the prisoner against the law of Tasmania or the Commonwealth, or of any Territory or other State, has been finally dealt with;\n> > \n> > > (d) whether an inquiry (or a petition for an inquiry) under the law of Tasmania into the prisoner’s conviction or sentence is pending;\n> > \n> > > (e) the term of imprisonment remaining to be served by the prisoner compared with the estimated period for dealing with the request and issuing and executing an order of transfer;\n> > \n> > > (f) whether the prisoner has been declared a dangerous criminal under the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Material to accompany Ministerial request to accept transfer","content":"### 9 Material to accompany Ministerial request to accept transfer\n\n> A Ministerial request under [section 5(1)(c)](/view/html/inforce/2026-04-12/act-1982-055#GS5@Gs1@Hpc@EN) or [(d)](/view/html/inforce/2026-04-12/act-1982-055#GS5@Gs1@Hpd@EN) of the Act in respect of a prisoner’s request is to be accompanied by –\n> \n> > > (a) the prisoner’s request; and\n> > \n> > > (b) the reports and, if applicable, the assessments and other information referred to in [regulations 5](#GS5@EN) and [7](#GS7@EN) relating to the prisoner; and\n> > \n> > > (c) a statement of the grounds on which the Minister’s request on the matter is based.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Consideration of request to accept transfer","content":"### 10 Consideration of request to accept transfer\n\n> The Minister may, before consenting to or refusing a request referred to in [section 8](/view/html/inforce/2026-04-12/act-1982-055#GS8@EN) of the Act, ask all or any of the following for advice on the merits or otherwise of the requested transfer:\n> \n> > > (a) the Parole Board established under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > (b) the Director of Corrective Services;\n> > \n> > > (c) the Secretary;\n> > \n> > > (d) the Commissioner of Police.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer for trial","content":"# Part 3 Transfer for trial","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Request for transfer of prisoner to participating State","content":"### 11 Request for transfer of prisoner to participating State\n\n> > (1)  For the purposes of considering a request referred to in [section 10(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS10@Gs1@Hpa@EN) or [(b)](/view/html/inforce/2026-04-12/act-1982-055#GS10@Gs1@Hpb@EN) of the Act, the Attorney-General may (through the Minister if the Attorney-General is not also the Minister) –\n> > \n> > > > (a) cause a report to be prepared on the prisoner in the same terms as a report that would be required to be sent under [section 24(1)(c)](/view/html/inforce/2026-04-12/act-1982-055#GS24@Gs1@Hpc@EN) of the Act if the prisoner were conveyed to the participating State; and\n> > > \n> > > > (b) in the case of a request under [section 10(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS10@Gs1@Hpa@EN) , advise the prisoner of the substance of the request and seek the prisoner’s comments on it.\n> \n> > (2)  If a prisoner has been advised, under [subregulation (1)(b)](#GS11@Gs1@Hpb@EN) , of the substance of the request under [section 10(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS10@Gs1@Hpa@EN)  –\n> > \n> > > > (a) the prisoner is to –\n> > > > \n> > > > > > (i) put the prisoner’s comments on the request, if any, in writing; and\n> > > > > \n> > > > > > (ii) give them to the gaoler of the prison where the prisoner is being detained, within 14 days after being advised of the request; and\n> > > \n> > > > (b) the gaoler must (through the Minister if the Attorney-General is not also the Minister) forward the prisoner’s comments to the Attorney-General as soon as practicable.\n> \n> > (3)  The Attorney-General, if the Attorney-General consents to a prisoner’s request, is to ensure that, in addition to the notice of consent, the Attorney-General of the participating State is given a copy of –\n> > \n> > > > (a) the prisoner’s request; and\n> > > \n> > > > (b) the report referred to in [subregulation (1)(a)](#GS11@Gs1@Hpa@EN) on the prisoner.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Certification of consent or request required for transfer","content":"### 12 Certification of consent or request required for transfer\n\n> For the purposes of [section 11(2)](/view/html/inforce/2026-04-12/act-1982-055#GS11@Gs2@EN) of the Act, the Secretary is a prescribed officer.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Application to a court for issue of order of transfer","content":"### 13 Application to a court for issue of order of transfer\n\n> > (1)  An application to a court of petty sessions for the issue of an order of transfer under [section 12(1)](/view/html/inforce/2026-04-12/act-1982-055#GS12@Gs1@EN) of the Act may be made by the Secretary or by a person acting on the Secretary’s behalf.\n> \n> > (2)  If, as a result of an application referred to in [subregulation (1)](#GS13@Gs1@EN) , the court makes an order under [section 12(1)](/view/html/inforce/2026-04-12/act-1982-055#GS12@Gs1@EN) of the Act, the person making the application must cause a copy of the application, together with a notice of hearing of the application, to be served on –\n> > \n> > > > (a) the prisoner to whom the application relates; and\n> > > \n> > > > (b) the Attorney-General.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Form of orders of transfer","content":"### 14 Form of orders of transfer\n\n> > (1)  An order of transfer issued by a court of petty sessions pursuant to [section 13(a)](/view/html/inforce/2026-04-12/act-1982-055#GS13@Hpa@EN) of the Act is to be in accordance with Form 1 in [Schedule 1](#JS1@EN) .\n> \n> > (2)  An order of transfer issued by the Supreme Court pursuant to [section 14(6)](/view/html/inforce/2026-04-12/act-1982-055#GS14@Gs6@EN) of the Act is to be in accordance with Form 2 in [Schedule 1](#JS1@EN) .","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Consideration of request for transfer","content":"### 15 Consideration of request for transfer\n\n> For the purposes of making a decision under [section 17](/view/html/inforce/2026-04-12/act-1982-055#GS17@EN) of the Act, the Attorney-General may ask the Commissioner of Police for a report on the requested transfer.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transfer back to original State","content":"# Part 4 Transfer back to original State","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Minister may make relevant enquiries before issuing order of transfer","content":"### 16 Minister may make relevant enquiries before issuing order of transfer\n\n> Before issuing an order under [section 18](/view/html/inforce/2026-04-12/act-1982-055#GS18@EN) of the Act, the Minister may ask the Commissioner of Police and the person who would be transferred under the order whether or not, as far as is known, every complaint or information alleging any offence by the person against a law of Tasmania or the Commonwealth has been finally dealt with according to the law.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Request to serve imprisonment in Tasmania","content":"### 17 Request to serve imprisonment in Tasmania\n\n> > (1)  A request under [section 21(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS21@Gs1@Hpa@EN) of the Act is to –\n> > \n> > > > (a) be signed by the person making it; and\n> > > \n> > > > (b) set out the grounds for making it; and\n> > > \n> > > > (c) be given to the gaoler of the prison where the person is being detained.\n> \n> > (2)  The provisions of [regulations 5](#GS5@EN) and [7](#GS7@EN) apply to, and in respect of, a request referred to in [subregulation (1)](#GS17@Gs1@EN)  –\n> > \n> > > > (a) as if a reference in those regulations to a prisoner’s request were a reference to a request under [section 21(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS21@Gs1@Hpa@EN) of the Act; and\n> > > \n> > > > (b) in the same way as those provisions apply to, and in respect of, a prisoner’s request to which [regulations 5](#GS5@EN) and [7](#GS7@EN) apply.\n> \n> > (3)  If the Minister agrees to a person’s request referred to in [subregulation (1)](#GS17@Gs1@EN) , the Minister is to –\n> > \n> > > > (a) give written notice of the decision to the corresponding Minister of the relevant participating State; and\n> > > \n> > > > (b) enclose with the notice copies of the reports, information, documents and details that the Minister had regard to in considering the request; and\n> > > \n> > > > (c) seek the advice of the corresponding Minister as to whether or not that Minister agrees to the person’s imprisonment being served in Tasmania.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Inquiries concerning person liable to be transferred to Tasmania","content":"### 18 Inquiries concerning person liable to be transferred to Tasmania\n\n> In deciding whether or not to agree to a person imprisoned in a participating State serving imprisonment in that participating State in pursuance of a request made under the provision of an interstate law that substantially corresponds to [section 21(1)(a)](/view/html/inforce/2026-04-12/act-1982-055#GS21@Gs1@Hpa@EN) of the Act, the Minister may ask the Commissioner of Police, as far as is known, whether every complaint or information alleging any offence by the person against the law of Tasmania or the Commonwealth has been finally dealt with according to the law.","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Responsibility for escort arrangements","content":"### 19 Responsibility for escort arrangements\n\n> > (1)  Subject to [subregulation (2)](#GS19@Gs2@EN) , the cost of, and responsibility for, transferring a prisoner pursuant to an order of transfer made under a section of the Act specified in the table in this regulation is to be borne by the jurisdiction specified, in that table, opposite the description.\n> \n> > (2)  [Subregulation (1)](#GS19@Gs1@EN) does not apply if there is an agreement to the contrary between –\n> > \n> > > > (a) in the case of a request for the transfer of a State prisoner to a participating State, the Minister and the corresponding Minister; or\n> > > \n> > > > (b) in the case of a request for the transfer of a State prisoner to a Territory, the Minister and the Attorney-General of the Commonwealth; or\n> > > \n> > > > (c) in the case of a request for the transfer of a joint prisoner to a participating State or Territory, the Minister, the Attorney-General of the Commonwealth, and the corresponding Minister of the participating State or Territory.\n> \n> > (3)  In the table to this regulation a reference to a sentence includes a reference to concurrent or cumulative sentences.\n> > \n> > | Item | Section of Act | Description of order | Responsible jurisdiction |\n> > | 1. | Section 5(2) | Order for transfer of State prisoner to participating State or Territory for prisoner’s welfare | Tasmania |\n> > | 2. | Section 5(4) , 5(5) , 13 or 14 | Order for transfer to participating State or Territory for welfare or trial of – | Commonwealth |\n> > |  |  | (a) joint prisoner serving State and Commonwealth sentences for the same period; or |  |\n> > |  |  | (b) joint prisoner serving longer Commonwealth sentence than State sentence |  |\n> > | 3. | Section 5(4) , 5(5) , 13 or 14 | Order for transfer to participating State or Territory for welfare or trial of joint prisoner serving longer State sentence than Commonwealth sentence | Participating State or Territory |\n> > | 4. | Section 13 or 14 | Order for transfer of State prisoner to participating State or Territory for prisoner’s trial where prisoner to be dealt with according to law of Commonwealth | Commonwealth |\n> > | 5. | Section 13 or 14 | Order for transfer of State prisoner to participating State or Territory for prisoner’s trial where prisoner to be dealt with according to law of participating State or Territory | Participating State or Territory |\n> > | 6. | Section 18 | Order for transfer to return prisoner to participating State or Territory after being dealt with according to law | Tasmania |","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Copies of transfer documents: manner of certification","content":"### 20 Copies of transfer documents: manner of certification\n\n> For the purposes of [section 24(2)](/view/html/inforce/2026-04-12/act-1982-055#GS24@Gs2@EN) of the Act, a document is certified in the prescribed manner if the document is certified by the Secretary.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Dealing with transfer documents of persons received from participating States","content":"### 21 Dealing with transfer documents of persons received from participating States\n\n> > (1)  This regulation applies if a person imprisoned in a participating State is transferred to Tasmania pursuant to an order issued under an interstate law.\n> \n> > (2)  If this regulation applies, the Minister is to ensure that the order and other documents sent to the Minister (or copies of them) are, after completion of any action required in relation to them –\n> > \n> > > > (a) forwarded to the gaoler of the prison where the person is detained; and\n> > > \n> > > > (b) kept with the person’s warrant papers.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Lawful custody for transit through Tasmania","content":"### 22 Lawful custody for transit through Tasmania\n\n> If, pursuant to [section 29](/view/html/inforce/2026-04-12/act-1982-055#GS29@EN) of the Act, a gaoler receives a person who is the subject of an order of transfer from one participating State to another participating State and detains that person in custody, the gaoler is to endorse on the copy of the relevant order of transfer delivered to the gaoler by the escort –\n> \n> > > (a) the time and date of the receipt of that person into custody; and\n> > \n> > > (b) the time and date of the delivery of that person to the custody of the escort.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Revocation of order of transfer","content":"### 23 Revocation of order of transfer\n\n> For the purposes of [section 32](/view/html/inforce/2026-04-12/act-1982-055#GS32@EN) of the Act, the office of Secretary is a prescribed office.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Prisoner being transferred is entitled to check personal property, &c.","content":"### 24 Prisoner being transferred is entitled to check personal property, &c.\n\n> > (1)  In this regulation –\n> > \n> > > ***released*** means released pursuant to an order of transfer or warrant issued under the authority of the Act.\n> \n> > (2)  The gaoler of a prison from which a prisoner is about to be released for escort to a participating State must give the prisoner an opportunity to inspect –\n> > \n> > > > (a) any personal property of the prisoner which is in the gaoler’s custody; and\n> > > \n> > > > (b) any prison records relating to the money, if any, belonging to the prisoner.\n> \n> > (3)  The prisoner may make a complaint if, as a result of taking the opportunity of inspection, the prisoner has any concerns regarding –\n> > \n> > > > (a) the condition of, or any deficiency in, the prisoner’s personal property; or\n> > > \n> > > > (b) any error in the records relating to the prisoner’s money.\n> \n> > (4)  The complaint is to be made in writing and given to –\n> > \n> > > > (a) the gaoler; or\n> > > \n> > > > (b) another correctional officer within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) .\n> \n> > (5)  If [subregulation (4)(b)](#GS24@Gs4@Hpb@EN) applies, the correctional officer must convey the complaint to the gaoler without unnecessary delay.\n> \n> > (6)  The gaoler must ensure that –\n> > \n> > > > (a) the complaint is investigated; and\n> > > \n> > > > (b) the prisoner is informed of the outcome, if any, of the investigation before being released for escort to the participating State.\n> \n> > (7)  The gaoler is to inform the Secretary without unnecessary delay if –\n> > \n> > > > (a) it comes to the gaoler’s attention that the prisoner is not satisfied with the outcome of the investigation; or\n> > > \n> > > > (b) the investigation was for any reason not completed before the prisoner’s release for escort to the participating State.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Transfer of prisoner’s money","content":"### 25 Transfer of prisoner’s money\n\n> > (1)  In this regulation –\n> > \n> > > ***interstate gaoler***, in relation to an interstate prison, means a person who is employed in a participating State or Territory who would, if the prison were located within Tasmania, fall within [the definition of ***gaoler*** in section 3(1)](/view/html/inforce/2026-04-12/act-1982-055#GS3@Gs1@Nd9@EN) of the Act in respect of the prison;\n> > \n> > > ***interstate prison*** means a prison, in a participating State or Territory, that would fall within [the definition of ***prison*** in section 3(1)](/view/html/inforce/2026-04-12/act-1982-055#GS3@Gs1@Nd17@EN) of the Act if that prison was located in Tasmania;\n> > \n> > > ***released*** means released pursuant to an order of transfer or warrant issued under the authority of the Act.\n> \n> > (2)  The gaoler of a prison from which a prisoner is released for escort to a participating State must –\n> > \n> > > > (a) remit any money belonging to the prisoner which is in the gaoler’s custody to the interstate gaoler of the interstate prison in the participating State to which the prisoner is to be escorted, for credit to the prisoner’s account; and\n> > > \n> > > > (b) inform the prisoner in writing of the amount so remitted.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Transfer or disposal of prisoner’s property","content":"### 26 Transfer or disposal of prisoner’s property\n\n> > (1)  When being escorted to a participating State, a prisoner being transferred under the Act may be permitted to take so much personal clothing and other articles of person property belonging to the prisoner as, in the opinion of the escort or escorts, can be safely and conveniently taken with the prisoner to the participating State.\n> \n> > (2)  Articles of personal property belonging to a prisoner being transferred under the Act, being articles that are in the prisoner’s physical possession at a prison or in the custody of the gaoler of the prison and that are not taken with the prisoner, may, at the prisoner’s risk and expense, be –\n> > \n> > > > (a) forwarded to the prisoner in the participating State; or\n> > > \n> > > > (b) disposed of by the gaoler in accordance with written directions given by the prisoner.","sortOrder":30},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 14](#GS14@EN)","sortOrder":31},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/pit13f11.gif)](/image/pit13f11.gif)\n\n[![graphic image](/image/pit13f12.gif)](/image/pit13f12.gif)","sortOrder":32},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[![graphic image](/image/pit13f21.gif)](/image/pit13f21.gif)\n\n[![graphic image](/image/pit13f22.gif)](/image/pit13f22.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":33}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Status Information - Currency of version","severity":"medium","reasoning":"A file cannot logically be last modified on 29 November 2023 if the version does not become current until 18 December 2023, unless the modification date refers solely to the source file rather than the consolidated version. However, as presented, this creates an apparent temporal impossibility: the authoritative file predates its own commencement, raising questions about what changes (if any) occurred between file modification and commencement, and whether the published text accurately reflects the instrument as made.","confidence":0.72,"description":"The version is described as 'current from 18 December 2023 to date' while the file is stated to have been 'last modified 29 November 2023' — nearly three weeks before the instrument purportedly came into force."},{"type":"impossible_compliance","section":"Status Information - Currency of version","severity":"high","reasoning":"A statutory instrument that contains no discernible substantive provisions — no definitions, no operative rules, no schedules — cannot impose obligations or confer rights. Any person or body purporting to comply with, or enforce, these Regulations as presented would have nothing to comply with or enforce. The document is self-defeating as a piece of delegated legislation.","confidence":0.85,"description":"The currency statement asserts the version is current 'to date (accessed 5 April 2026 at 14:38)' yet the document itself contains no substantive regulatory content beyond boilerplate status metadata, making it impossible to verify or rely upon any operative provisions."},{"type":"other","section":"Title / Header (repeated throughout)","severity":"low","reasoning":"While likely a rendering or extraction artefact, the systematic duplication and malformed title mean the instrument as presented does not have a legally unambiguous short title. If the short title is contested, references to the instrument in other legislation or court proceedings could be uncertain. The unclosed parenthesis in the title is also a formal drafting defect.","confidence":0.65,"description":"Every heading in the document is duplicated verbatim (e.g. 'Prisoners (Interstate Transfer Prisoners (Interstate Transfer) Regulations 2023', 'Status Information Status Information', 'Authorisation Authorisation'). The title itself contains an unclosed parenthesis: 'Prisoners (Interstate Transfer Prisoners (Interstate Transfer) Regulations 2023'."},{"type":"impossible_compliance","section":"Status Information - Legislation update notice","severity":"low","reasoning":"The document purports to be a consolidated, current version but outsources its own completeness to an external hyperlink. A reader relying on the four corners of the document cannot confirm currency, undermining the very assurance the status information is meant to provide.","confidence":0.6,"description":"The notice states legislation 'is usually updated within 3 working days after a change' but no Table of Amendments is reproduced in the document body — only a hyperlink. For a static or printed version of this instrument, it is impossible to determine whether any amendments have in fact been applied."}],"contradictions":[{"severity":"medium","section_a":"Status Information - File last modified 29 November 2023","section_b":"Status Information - Version current from 18 December 2023","confidence":0.74,"description":"The instrument's authoritative file is recorded as last modified on 29 November 2023, yet the version is stated not to have become current until 18 December 2023 — a gap of 19 days during which the file was apparently not updated despite the version changing status."},{"severity":"low","section_a":"Document title: 'Prisoners (Interstate Transfer Prisoners (Interstate Transfer) Regulations 2023'","section_b":"Document title (repeated instance): 'Prisoners (Interstate Transfer) Regulations 2023'","confidence":0.68,"description":"The instrument is identified under two distinct title strings within the same document: one with the title phrase duplicated and one parenthesis unclosed ('Prisoners (Interstate Transfer Prisoners (Interstate Transfer) Regulations 2023'), and another correctly formed ('Prisoners (Interstate Transfer) Regulations 2023'). These are formally different strings and cannot both be the correct short title."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain consistent with their original intent — providing administrative machinery for the interstate transfer of prisoners under the parent Act. No amendments have been identified that would suggest a broadening or narrowing of scope since commencement on 18 December 2023."},"complexity_factors":["Regulations (subordinate legislation) are typically more procedural and narrower in scope than Acts, reducing complexity","Interstate transfer frameworks involve multiple jurisdictions and require alignment with complementary legislation in other states and territories","The full text of the regulations was not available in the provided content — only metadata and structural information — limiting depth of analysis","Parent Act provisions (the Prisoners (Interstate Transfer) Act) would need to be read alongside these regulations to fully understand their operation","Low complexity overall given the narrow, administrative subject matter"],"plain_english_summary":"These Tasmanian regulations govern the process for transferring prisoners between Tasmania and other Australian jurisdictions. They affect prisoners being moved in or out of Tasmania and the correctional authorities who manage transfers. The rules set out how transfers are handled to keep the process orderly and legally sound, protecting prisoners’ rights and the integrity of the correctional system."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations implement and operationalise the procedural and administrative details required by the Act rather than expanding substantive transfer powers. They specify how requests are made and processed (regs 4–7), what materials accompany Ministerial or Attorney‑General requests (regs 9–11), who decides or is consulted (regs 7, 10, 15), allocate escort cost responsibility (reg 19), and prescribe custody, property and money handling during transfers (regs 21–26). No provision in the regulations purports to broaden eligibility or create new statutory powers beyond the Act."},"complexity_factors":["Multiple decision-makers and layers of referral: gaoler (reg 5), Secretary (regs 7, 12, 20, 23), Minister (regs 7, 8, 16), Attorney‑General (regs 11, 15), and external advisers (reg 10).","Cross‑jurisdictional cost allocation and conditional exceptions (reg 19 table + reg 19(2)): different jurisdictions bear escort costs unless agreement alters responsibility.","Prescriptive procedural requirements for prisoner inputs and withdrawals (reg 4, reg 6) including signatures, content, and timelines (14 days for comments, reg 11(2)).","Mandatory documentary and reporting obligations: gaoler report content (reg 5), Ministerial material to accompany requests (reg 9), certification by Secretary (reg 20).","Discretionary information flows and evidentiary inputs: Secretary may provide additional reports (reg 7(2)–(3)); Minister may seek advice and take specified matters into account (regs 8, 10).","Interaction with other statutes and decision points (Dangerous Criminals and High Risk Offenders Act, Corrections Act referenced in reg 8 and elsewhere) increases legal integration complexity.","Operational compliance burdens on corrections staff for custody, endorsement and recordkeeping during transit (regs 21–22, 24), and for financial/property handling (regs 25–26).","Use of prescribed forms and court processes (reg 14, Schedule 1; reg 13)—adds procedural formalities for transfer orders and service requirements."],"plain_english_summary":"These regulations set the step-by-step procedures for interstate prisoner transfers under the Prisoners (Interstate Transfer) Act 1982: how prisoners make and withdraw requests, how gaolers prepare and forward reports, what materials Ministers and Attorneys‑General must receive, and the prescribed forms and certifications. They also allocate responsibility for escort costs between jurisdictions (reg 19) and prescribe handling of prisoners’ money, property and records during transfer. The rules affect prisoners, correctional staff, the Secretary, Ministers/Attorneys‑General and participating jurisdictions by fixing obligations, timelines and documentation."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope of operationalising the 1982 Act. They cover the three main purposes of the Act: welfare transfers, trial transfers, and return transfers. The detailed procedural rules (property checks, money transfers, certification requirements) are natural implementations of the Act's framework rather than scope creep."},"complexity_factors":["26 regulations across 5 Parts, but each regulation is relatively short and focused on a single procedural step","3 defined terms in the interpretation section (Act, prisoner's request, Secretary), with additional local definitions in Regulations 24 and 25","Extensive cross-referencing to the parent Act (Prisoners (Interstate Transfer) Act 1982) - nearly every regulation references specific sections of the Act","Nested conditions in Regulation 19 (responsibility for escort costs) with a 6-row table and an override clause for agreements between Ministers","Procedural requirements with multiple steps (e.g., Regulation 6 has 6 subsections for withdrawal process)","Incorporation by reference to external documents (Schedule 1 forms, though these are image placeholders in the provided text)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical steps for moving prisoners between Tasmania and other Australian states or territories (called \"participating States\"). They work together with the *Prisoners (Interstate Transfer) Act 1982* to make sure transfers happen safely, fairly, and with proper paperwork.\n\n**Who it affects:**\n\n- **Prisoners** in Tasmania who want to transfer to another state for family support, medical care, or job prospects before release\n- **Prisoners** who need to face trial in another state\n- **Prisoners** from other states who want to serve their sentence in Tasmania\n- **Prison staff** (gaolers, the Secretary, and the Minister) who process these requests\n- **Other states and territories** that have agreed to these transfer arrangements\n\n**Key things the regulations cover:**\n\n- **How to request a transfer:** Prisoners must write a signed request explaining their family situation, support networks, job prospects, and any medical needs (Regulation 4)\n- **What prison staff must do:** Gaolers must prepare reports on the prisoner's behaviour, sentence details, and parole status, then forward everything to the Secretary (Regulation 5)\n- **Changing your mind:** Prisoners can withdraw their request in writing at any time before the Minister decides (Regulation 6)\n- **What the Minister considers:** Including whether appeals are finished, any outstanding charges, how much time is left to serve, and whether the person is classified as a \"dangerous criminal\" (Regulation 8)\n- **Transfers for court cases:** Special rules apply when prisoners need to face trial in another state, including giving the prisoner 14 days to comment on the request (Regulation 11)\n- **Who pays for transport:** A detailed table spells out whether Tasmania, the Commonwealth, or the other state pays for different types of transfers (Regulation 19)\n- **Protecting prisoner property:** Prisoners can check their belongings and money before transfer, complain about any issues, and have their money sent to their new prison account (Regulations 24-25)\n\n**Why it matters:**\n\nThese rules ensure prisoners can be closer to family support networks or face justice in the right court, while protecting their rights and making sure governments know who is responsible for costs and safety at each step."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-regulations-2023","history":"/api/acts/prisoners-interstate-transfer-regulations-2023/history","analysis":"/api/acts/prisoners-interstate-transfer-regulations-2023/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-regulations-2023/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-regulations-2023/important-cases","documents":"/api/acts/prisoners-interstate-transfer-regulations-2023/documents"}}