Interstate Transfer (Community-based Sentences) Act 2009
6Transfer criteria and information in relation to decisions
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6 Transfer criteria and information in relation to decisions
(1) In this Act, the transfer criteria in relation to a community-based sentence are –
(a) whether a sentence that corresponds to the sentence could be made in the State (including this State) or Territory in which it is proposed to register the sentence; and
(b) the welfare of the offender; and
(c) the administration of justice in this State, another State or a Territory; and
(d) the protection of the community in this State, another State or a Territory; and
(e) whether the offender can comply with the sentence in the State (including this State) or Territory in which it is proposed to register the sentence; and
(f) whether the sentence can be administered safely, efficiently and effectively; and
(g) any other matters that are prescribed by regulations made under this Act.
(2) In making a decision under this Act, the Minister may have regard to any reports from persons who are parole, prison, or correctional services authorities –
(a) in this State; or
(b) in another State or a Territory in relation to which a law has been declared to be a corresponding law.
(3) The Minister may send to a corresponding authority reports from persons referred to in subsection (2) , so as to assist the corresponding authority to form an opinion or to exercise a discretion under a corresponding law.