What it does
The Prisoners (Interstate Transfer) Act 1982 (SA) establishes the legal framework for transferring prisoners between South Australia and other Australian States and Territories. Its primary purpose is to facilitate the movement of prisoners who are serving sentences of imprisonment in South Australia to another participating State or Territory, and conversely, to enable the transfer of prisoners from other jurisdictions into South Australia. The Act covers three principal categories of transfer: transfers initiated at the request of a prisoner (Part 2), transfers for the purpose of standing trial in another jurisdiction (Part 3), and transfers back to the original State or Territory after proceedings in South Australia have concluded (Part 4). The Act also prescribes the legal effect of a transfer order, including the conversion of the prisoner’s sentence into a “translated sentence” that is deemed to have been imposed by a corresponding court of South Australia (s 27). It sets out the powers and duties of the Minister, the Attorney-General, courts of summary jurisdiction, and the Supreme Court in handling transfer requests. Importantly, the Act does not operate in isolation; it is designed to work in conjunction with interstate laws declared by the Governor to be “interstate laws” that substantially correspond to this Act (s 6), and with the Commonwealth Transfer of Prisoners Act 1983, particularly in relation to joint prisoners who are serving both State and Commonwealth sentences (s 8, s 16A, s 21). The Act includes detailed provisions on the custody of prisoners during transfer, arrest powers if a prisoner escapes, and the revocation of transfer orders. It also addresses the calculation of time served, remission entitlements, and non-parole periods for transferred prisoners. The Minister and Attorney-General have broad discretionary powers, including the ability to refuse consent or to refuse to entertain repeated requests within a twelve-month period (s 9, s 12(3)). The Act does not permit judicial review of decisions made under Part 2 relating to transfers at the request of a prisoner (s 7(6)), although decisions under Part 3 (transfer for trial) made by a court of summary jurisdiction are subject to review by the Supreme Court (s 16).