223Interstate transfer—requests from ACT and joint

223 Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory (1) This section applies if the Minister— (a) receives a written request by an ACT prisoner or joint prisoner serving a sentence of imprisonment in the ACT for the prisoner’s transfer to a non-participating territory; and (b) considers that the prisoner should be transferred to the non-participating territory in the interests of his or her welfare.

(2) If the request is made by an ACT prisoner, the Minister must give the Commonwealth Attorney-General a written request asking the Commonwealth Attorney-General to consent to the transfer. (3) The Minister may issue an order for the transfer of the ACT prisoner to the non-participating territory if the Minister receives from the Commonwealth Attorney-General written notice of consent to the transfer of the prisoner to the non-participating territory. (4) If the request is made by a joint prisoner, the Minister may issue an order for the transfer of the prisoner to the non-participating territory. (5) In deciding whether the prisoner should be transferred to the non-participating territory, the Minister must primarily have regard to the welfare of the prisoner. (6) However, the Minister may also have regard to anything else the Minister considers relevant, including anything mentioned in section 222 (5). (7) If the Minister decides not to issue an order for the transfer of the prisoner, the Minister must give the prisoner a written statement of the Minister’s reasons for the decision.