24Transfer in custody of escort

24 Transfer in custody of escort

24 Transfer in custody of escort

(1) An order of transfer—

(a) shall direct the gaoler of the prison where the prisoner who is the subject of the order is then imprisoned to deliver the prisoner into the custody of an escort and shall be sufficient authority to the gaoler so to deliver the prisoner, and

(b) authorises the escort to take and keep custody of the prisoner for the purpose of conveying the prisoner from New South Wales to such prison in a participating State or a Territory as is specified in the order and there delivering the prisoner into the custody of the gaoler of that prison.

(2) A reference in subsection (1) to an escort is a reference to a prison officer, a member of the police force or a person appointed by the Minister by an instrument in writing to be an escort for the purposes of this Act, or any 2 or more of them.

(3) Where—

(a) under an interstate law or under the Transfer of Prisoners Act 1983 of the Commonwealth, or both, an order is issued for the transfer to New South Wales of a person imprisoned in a participating State or a Territory, and

(b) pursuant to the order an escort brings the person into New South Wales,

the escort, while in New South Wales, is authorised to hold, take and keep custody of the person for the purpose of conveying the person to such prison in New South Wales as is specified in the order and there delivering the person into the custody of the gaoler.

(4) Without limiting subsections (1) and (3), it is sufficient compliance with an order referred to in either of those subsections if the prisoner concerned—

(a) is delivered into the custody of an escort of the State or Territory to which the prisoner is being transferred, being an escort who is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner, and

(b) is so delivered into custody at a place at which the escort referred to in paragraph (a) is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner.

s 24: Am 1986 No 187, Sch 1 (13); 2012 No 79, Sch 3 [2].