{"id":"sr:prisoners-interstate-transfer-regulations-2024","name":"Prisoners (Interstate Transfer) Regulations 2024","slug":"prisoners-interstate-transfer-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181418,"registerId":"vic-sr:prisoners-interstate-transfer-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prisoners (Interstate Transfer) Regulations 2024","content":"Version No. 001\n\n**Prisoners (Interstate Transfer) Regulations 2024**\n\n**S.R. No. 24/2024**\n\nVersion as at  \n3 May 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Necessary consents 1\n\n6 Certification of copy documents 1\n\n7 Revocation of an order of transfer on escape from custody 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Prisoners (Interstate Transfer) Regulations 2024**\n\n**S.R. No. 24/2024**\n\nVersion as at  \n3 May 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to identify certain officials and processes to facilitate applications and certifications under the **Prisoners (Interstate Transfer) Act 1983**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 35 of the **Prisoners (Interstate Transfer) Act 1983**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 3 May 2024.\n\n\t4 Revocation\n\nThe Prisoners (Interstate Transfer) Regulations 2014[[1]](#endnote-1) are **revoked**.\n\n\t5 Necessary consents\n\nFor the purposes of section 13(2) of the **Prisoners (Interstate Transfer) Act 1983**, the Secretary to the Department of Justice and Community Safety is a prescribed officer.\n\n\t6 Certification of copy documents\n\nFor the purposes of section 26(2) of the **Prisoners (Interstate Transfer) Act 1983**, a copy of an order or other document is certified in the prescribed manner if it is certified according to the requirements of Part 5 of the **Oaths and Affirmations Act 2018**.\n\n\t7 Revocation of an order of transfer on escape from custody\n\nFor the purposes of section 34 of the **Prisoners (Interstate Transfer) Act 1983**,  the holder of a prescribed office or position is the following—\n\n(a) the Minister;\n\n(b) the Secretary to the Department of Justice and Community Safety;\n\n(c) the Attorney-General;\n\n(d) the Director of Public Prosecutions.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Prisoners (Interstate Transfer) Regulations 2024, S.R. No. 24/2024 were made on 16 April 2024 by the Governor in Council under section 35 of the **Prisoners (Interstate Transfer) Act 1983**, No. 9881/1983 and came into operation on 3 May 2024: regulation 3.\n\nThe Prisoners (Interstate Transfer) Regulations 2024 will sunset 10 years after the day of making on 16 April 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Prisoners (Interstate Transfer) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 26/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose. They are a direct replacement of the 2014 regulations with the same limited function: prescribing officials and processes for the prisoner interstate transfer scheme. There is no expansion beyond the administrative machinery originally contemplated by the parent Act."},"complexity_factors":["Extremely short length — only 7 substantive regulations","No defined terms section — relies entirely on definitions in the parent Act","Minimal conditional logic — regulations are straightforward prescriptions without nested conditions","Simple cross-referencing — only references specific sections of the parent Act (Prisoners (Interstate Transfer) Act 1983) and one other Act (Oaths and Affirmations Act 2018)","No exceptions or exemptions","Purely administrative/procedural in nature — simply names office-holders and specifies certification methods"],"plain_english_summary":"These regulations are a short, technical update to the rules that help move prisoners between Australian states and territories. They replace the 2014 version and do three main things:\n\n- **Name the right officials**: They identify who can give necessary approvals for prisoner transfers — specifically naming the Secretary to the Department of Justice and Community Safety as the person who can provide required consents.\n\n- **Set the rules for certifying documents**: They specify that copies of transfer orders or other documents must be certified according to the *Oaths and Affirmations Act 2018* (a law about how legal documents are formally witnessed and verified).\n\n- **Identify who can cancel transfers if a prisoner escapes**: They list four senior officials who have authority to revoke (cancel) a transfer order if the prisoner escapes custody — the Minister, the Department Secretary, the Attorney-General, and the Director of Public Prosecutions.\n\n**Why this matters**: When prisoners need to be transferred across state borders — for example, to be closer to family, for court appearances, or because their sentence is being served in a different jurisdiction — there needs to be clear rules about paperwork and who has authority. These regulations provide that administrative framework, ensuring transfers happen smoothly and lawfully."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations update and clarify administrative details (which officers may give consents or revoke transfers and how to certify copies) and revoke the 2014 Regulations. They do not expand the substantive power to transfer prisoners under the Prisoners (Interstate Transfer) Act 1983 or add new categories of persons affected; they mainly restate and specify procedural/administrative mechanisms to implement the Act."},"complexity_factors":["Very short instrument: 7 substantive regulations (plus metadata and endnotes).","Direct cross‑references to three Acts: Prisoners (Interstate Transfer) Act 1983 (s.13(2), s.26(2), s.34), Oaths and Affirmations Act 2018 (Part 5), and Subordinate Legislation Act 1994 (sunset) — users must consult those Acts for full effect.","Few defined terms or nested conditions within the Regulations themselves (low internal complexity).","Revocation of earlier 2014 Regulations (reg 4) means historical practice may differ and requires checking prior instruments.","Decision‑making rules are prescriptive (named offices), but practical application depends on administrative structures and possible internal delegations, which are external to the instrument.","Legal effect is straightforward but relies on interpreting corresponding provisions in the parent Act; conditional logic (e.g. 'for the purposes of s.13(2)') creates dependency on statutory thresholds in that Act."],"plain_english_summary":"**What these Regulations do (mechanics):**\n\n- These Regulations identify particular officers and set out how some documents must be certified for purposes of the Prisoners (Interstate Transfer) Act 1983 (the Act). They replace the previous 2014 Regulations (reg 4).\n\n- They prescribe who may give a required consent under section 13(2) of the Act: the Secretary to the Department of Justice and Community Safety is a \"prescribed officer\" for that purpose (reg 5).\n\n- They specify that a copy of an order or other document is treated as properly certified for the Act if it is certified in accordance with Part 5 of the Oaths and Affirmations Act 2018 — in other words, certification must follow the formal witnessing/attestation rules set out in that Act (reg 6).\n\n- They list which office-holders count as the person who can revoke a transfer order if a prisoner escapes custody under section 34 of the Act. Those office-holders are: the Minister, the Secretary to the Department of Justice and Community Safety, the Attorney‑General and the Director of Public Prosecutions (reg 7).\n\n**Who is affected:**\n\n- Prisoners subject to interstate transfer arrangements under the Act, because the Regulations affect who gives consents and who can revoke transfers.\n- State officials and agencies (Department of Justice and Community Safety, the Attorney‑General's office, the Director of Public Prosecutions and the Minister) because the Regulations assign specific roles and decision authority to named offices (regs 5 and 7).\n- Other jurisdictions or agencies that receive or send certified documents under the Act, because certification must conform to the Oaths and Affirmations Act (reg 6).\n\n**Why it matters (practical effects):**\n\n- Clarifies decision‑makers: the Regulations narrow who may provide necessary consents and who may revoke transfer orders after an escape, creating a clear list of responsible office‑holders (regs 5 and 7). That reduces ambiguity about who may act under specified sections of the Act.\n\n- Standardises document certification: by requiring certification in the manner set out in the Oaths and Affirmations Act, the Regulations impose a single, statutory method for verifying copies of transfer orders and related documents (reg 6). This affects how documents are prepared and accepted across jurisdictions.\n\n**Stated purpose and assessment of trade‑offs and implementation issues:**\n\n- The explanatory material states the Regulations \"identify certain officials and processes to facilitate applications and certifications\" under the Act (reg 1). That is achieved by naming specific offices for consents and for revocation, and by tying certification rules to an existing statutory scheme.\n\n- Costs and compliance burden: the direct compliance cost is administrative — agencies must ensure that consents and revocations come from the named offices and that certified copies meet the Oaths and Affirmations Act requirements. If an agency previously used a different certification practice, some operational updating (forms, training, verification checks) may be required (reg 6).\n\n- Concentrated decision authority: authority to revoke transfers on escape is concentrated in four named office‑holders (reg 7). That concentrates responsibility (and political/legal accountability) in a small set of offices; those offices bear the decision burden and any legal risk arising from revocations.\n\n- Dependence on other statutes: the Regulations rely on the content of the Prisoners (Interstate Transfer) Act 1983 for substantive powers and on the Oaths and Affirmations Act 2018 for certification procedure. Understanding and applying these Regulations therefore requires reference to those Acts (regs 5–7). That reduces repetition but increases cross‑statutory dependency.\n\n- Implementation risk and discretion: the rules are primarily prescriptive (naming offices and a certification standard). Discretionary risk is moderate — the named offices have decision power (e.g. revocation), and how they exercise that power depends on internal policies and on the parent Act. Any delay or disagreement about who is the proper office‑holder could affect transfer timing.\n\n- Effect on private parties and competition: the Regulations operate within the criminal transfer system; they do not create regulatory costs or controls on businesses or markets. The main private‑party effect is procedural — how and by whom a prisoner’s transfer is authorised or revoked.\n\n**Who pays, who decides, what behaviour changes (plain):**\n\n- Who decides: the Minister, the Secretary to the Department of Justice and Community Safety, the Attorney‑General and the Director of Public Prosecutions (for revocations); the Secretary is the prescribed officer for consents (regs 5, 7).\n- Who pays: any costs are administrative and fall on the relevant public agencies (departmental staff time, updating forms/processes). There are no direct fees or charges in the Regulations themselves.\n- Behaviour changes: agencies must ensure consents and revocations are issued by the named offices and that document certification follows the Oaths and Affirmations Act. Other jurisdictions and recipients will accept certified copies only if they comply with that method.\n\n**Relevant provisions:** reg 1 (objective); reg 4 (revocation of 2014 Regulations); reg 5 (prescribed officer for s.13(2)); reg 6 (certification method for s.26(2)); reg 7 (who may revoke under s.34)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence that the scope has changed from the original intent. The legislation appears to be a straightforward remake or update of existing interstate prisoner transfer regulations, maintaining the same core administrative purpose."},"complexity_factors":["The document as provided contains minimal substantive legislative content, limiting detailed analysis","Interstate transfer regimes involve coordination between multiple jurisdictions with different laws, adding inherent complexity","Regulations of this type typically cross-reference a parent Act, requiring readers to consult multiple documents","Prisoner rights and administrative procedures can involve nuanced legal obligations","However, the subject matter is relatively narrow and procedural in nature, keeping overall complexity moderate-to-low"],"plain_english_summary":"These regulations set out the practical rules for transferring prisoners between Australian states and territories, governing how transfers are authorised and managed. They affect prisoners, state and territory corrective services, and prisoners' legal representatives.\n\nThey matter because transfers can change a prisoner’s access to family, lawyers and prison conditions; the regulations aim to make the process orderly, consistent and legally authorised."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-interstate-transfer-regulations-2024","history":"/api/acts/prisoners-interstate-transfer-regulations-2024/history","analysis":"/api/acts/prisoners-interstate-transfer-regulations-2024/analysis","conflicts":"/api/acts/prisoners-interstate-transfer-regulations-2024/conflicts","importantCases":"/api/acts/prisoners-interstate-transfer-regulations-2024/important-cases","documents":"/api/acts/prisoners-interstate-transfer-regulations-2024/documents"}}