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New South Wales regulation
This Order updates which state and territory statutes are treated as “interstate laws” under the Prisoners (Interstate Transfer) Act 1982, declares which New South Wales courts correspond to courts in participating States, and repeals two earlier Orders. It takes effect on publication in the Gazette. (ss 2–6).
Mechanically it changes which statutory regimes and courts apply to prisoner transfers; the named courts and correctional agencies will make transfer-related decisions and any administrative or compliance costs fall on those agencies and the transferring jurisdictions. (ss 3–5).
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Direct links to the current provisions in Prisoners (Interstate Transfer) Order 2010.
2 Commencement
This Order commences on the day on which it is published in the Gazette.
3 Definition
In this Order, the Act means the Prisoners (Interstate Transfer) Act 1982.
4 Interstate laws
The following laws are declared to be interstate laws for the purposes of the Act:
(a) Crimes (Sentence Administration) Act 2005 of the Australian Capital Territory,
(b) Prisoners (Interstate Transfer) Act of the Northern Territory,
(c) Prisoners (Interstate Transfer) Act 1982 of Queensland,
(d) Prisoners (Interstate Transfer) Act 1982 of South Australia,
(e) Prisoners (Interstate Transfer) Act 1982 of Tasmania,
(f) Prisoners (Interstate Transfer) Act 1983 of Victoria,
(g) Prisoners (Interstate Transfer) Act 1983 of Western Australia.
5 Corresponding courts
For the purposes of the Act:
(a) the Local Court of New South Wales is declared to be a corresponding court in relation to any court of summary jurisdiction in a participating State, and
(b) the District Court of New South Wales is declared to be a corresponding court in relation to any District Court, County Court or other court (being a court of intermediate jurisdiction in relation to a Supreme Court and a court of summary jurisdiction) of a participating State, and
(c) the Supreme Court of New South Wales is declared to be a corresponding court in relation to any Supreme Court of a participating State.
6 Repeal of existing Orders
(1) The Order made under the Act and published on 17 August 1984 in Gazette No 125 at page 4198 is repealed.
(2) The Order made under the Act and published on 16 February 1996 in Gazette No 20 at page 596 is repealed.
cl 6: Am 2011 No 27, Sch 2.39.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
This Order is the Prisoners (Interstate Transfer) Order 2010.
2 Commencement
This Order commences on the day on which it is published in the Gazette.
3 Definition
In this Order, the Act means the Prisoners (Interstate Transfer) Act 1982.
4 Interstate laws
The following laws are declared to be interstate laws for the purposes of the Act:
(a) Crimes (Sentence Administration) Act 2005 of the Australian Capital Territory,
(b) Prisoners (Interstate Transfer) Act of the Northern Territory,
(c) Prisoners (Interstate Transfer) Act 1982 of Queensland,
(d) Prisoners (Interstate Transfer) Act 1982 of South Australia,
(e) Prisoners (Interstate Transfer) Act 1982 of Tasmania,
(f) Prisoners (Interstate Transfer) Act 1983 of Victoria,
(g) Prisoners (Interstate Transfer) Act 1983 of Western Australia.
5 Corresponding courts
For the purposes of the Act:
(a) the Local Court of New South Wales is declared to be a corresponding court in relation to any court of summary jurisdiction in a participating State, and
(b) the District Court of New South Wales is declared to be a corresponding court in relation to any District Court, County Court or other court (being a court of intermediate jurisdiction in relation to a Supreme Court and a court of summary jurisdiction) of a participating State, and
(c) the Supreme Court of New South Wales is declared to be a corresponding court in relation to any Supreme Court of a participating State.
6 Repeal of existing Orders
(1) The Order made under the Act and published on 17 August 1984 in Gazette No 125 at page 4198 is repealed.
(2) The Order made under the Act and published on 16 February 1996 in Gazette No 20 at page 596 is repealed.
cl 6: Am 2011 No 27, Sch 2.39.