PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 (Northern Territory)

These Regulations operationalise the Prisoners (Interstate Transfer) Act 1983 for the Northern Territory by prescribing forms, procedures and administrative steps for moving prisoners between the Territory and other Australian States or Territories. Mechanically they set out:

How a prisoner applies for transfer for welfare or for trial (Form 1, Form 3; rr 4, 12).
What material the Commissioner of Correctional Services must attach and obtain when a prisoner applies (convictions and sentences, conduct reports, probation and parole officer reports; r 4(3)).
The information a prisoner must supply in support of a welfare request (family support, accommodation, medical reasons, employment prospects; r 5).
How the Minister, Attorney-General and courts participate in decisions and reviews (Ministerial consideration mechanisms r 6, Attorney-General processes r 11, Local Court/Supreme Court applications and review processes r 14-16).
The prescribed forms for the various transfer and custody instruments: orders of transfer for welfare and trial, return orders, warrants and procedural court documents (Forms 2-12; rr 9, 13-19, 29-31).
Practical handling of custody in transit (endorsement of receipt and delivery times; r 28), property and money arrangements on transfer (rr 31-32), and information exchange and certification requirements (rr 26-27).
Allocation of costs and responsibilities for escort and transfer by reference to a tabular schedule (r 25 and accompanying Table).

The Regulations repeatedly tie procedural steps to particular decision-makers and documentary thresholds. For example, a prisoner’s written welfare request must be in Form 1, signed and forwarded via the Commissioner (r 4(1)-(2)); the Commissioner must attach detailed records and obtain a probation and parole officer’s report before forwarding the request to the Minister (r 4(3)(a)-(c)). The Minister’s request to a corresponding Minister must itself be accompanied by the prisoner’s request and the reports that informed the Minister’s opinion (r 8(c)-(e)).

NORTHERN TERRITORY OF AUSTRALIA PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 As in force at 20 June 2018 Table of provisions Part I Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 Part II Transfer for prisoner's welfare 4 Request for transfer to participating State ....................................... 2 5 Statements in support of prisoner's request .................................... 2 6 Consideration of requests ................................................................ 3 7 Repeated requests for transfer ........................................................ 4 8 Request to corresponding Minister to accept transfer of prisoner............................................................................................ 4 9 Order of transfer .............................................................................. 4 10 Request for transfer to the Territory................................................. 4 Part III Transfer for trial 11 Request by Attorney-General of participating State for transfer of prisoner........................................................................................ 5 12 Request by prisoner for transfer to participating State..................... 5 13 Certification of consent or request ................................................... 6 14 Application to court for issue of order of transfer ............................. 6 15 Order to bring prisoner before court ................................................ 6 16 Order of transfer .............................................................................. 7 17 Request for transfer to the Territory by imprisoned person ............. 7 Part IV Transfer back to original State 18 Return of person to participating State ............................................ 7 20 Inquiries before issue of order of transfer ........................................ 7 22 Request to serve imprisonment in the Territory ............................... 7 23 Order following agreement under section 21(1)(a) of Act ................ 8 24 Inquiries concerning persons liable to be transferred to the Territory ........................................................................................... 8 Part V Miscellaneous 25 Escort arrangements ....................................................................... 9 26 Information relating to prisoner to be sent to participating State .... 10

Prisoners (Interstate Transfer) Regulations 1984 ii 27 Information relating to person received from participating State .... 10 28 Lawful custody for transit through the Territory.............................. 10 29 Return of person in transit to original State.................................... 11 30 Revocation of order of transfer ...................................................... 11 31 Procedure relating to property on transfer of person ..................... 11 32 Transfer of person's property ......................................................... 12 Schedule ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 June 2018

PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 Regulations under the Prisoners (Interstate Transfer) Act 1983 Part I Preliminary 1 Citation These Regulations may be cited as the Prisoners (Interstate Transfer) Regulations 1984. 2 Commencement These Regulations shall come into operation on the commencement of the Act. 3 Interpretation (1) In these Regulations: non-parole period, see section 3(1) of the Sentencing Act 1995. Parole Board means the Board within the meaning of the Parole Act 1971. probation and parole officer, see section 4 of the Correctional Services Act 2014. (2) In these Regulations, a reference to a form by number is a reference to the form so numbered in the Schedule. (3) A form referred to in subregulation (2) shall be completed in accordance with such directions and instructions, if any, as are specified in the form.

Part II Transfer for prisoner's welfare Prisoners (Interstate Transfer) Regulations 1984 2 Part II Transfer for prisoner's welfare 4 Request for transfer to participating State (1) For the purposes of section 5 of the Act, a written request to the Minister by a prisoner for transfer to a participating State or to another Territory (in this Part referred to as a prisoner's request) shall be in accordance with Form 1. (2) A prisoner's request shall be signed by the prisoner and shall be forwarded to the Minister through the Commissioner of Correctional Services. (3) After receiving a prisoner's request, the Commissioner of Correctional Services must: (a) prepare and attach to the request a statement of convictions and sentences in respect of which the prisoner is currently detained in custody, setting out any non-parole period specified and the estimated date of release; (b) prepare and attach to the request a comprehensive report on the prisoner's conduct and behaviour while in prison; (c) forward a copy of the request to a probation and parole officer and ask the officer to prepare and forward to the Commissioner: (i) a detailed report on the request; and (ii) an expression of opinion as to whether or not the transfer of the prisoner to the participating State or other Territory to which the request relates would be in the interests of the welfare of the prisoner; and (d) forward the request to the Minister for consideration. 5 Statements in support of prisoner's request A prisoner's request shall include a statement as to: (a) family or near family support in the participating State or other Territory to which the request relates, including the availability of accommodation upon the prisoner's release from prison; (b) family or other social circumstances that may benefit the welfare of the prisoner either during imprisonment or following release from prison;

Part II Transfer for prisoner's welfare Prisoners (Interstate Transfer) Regulations 1984 3 (c) medical reasons, if any, in support of the request; (d) prospects of employment following release from prison; and (e) any other matters that the prisoner wishes to put forward in support of the request. 6 Consideration of requests (1) For the purposes of the Minister's consideration of a prisoner's request, the Commissioner of Correctional Services may (or, where the Minister so requests, shall) supply to the Minister such medical, psychiatric or psychological reports about or assessments of the prisoner as are or may be made available to the Commissioner of Correctional Services. (2) There shall be included in a report about or assessment of a prisoner furnished or caused to be furnished under this regulation for the information of the Minister, such further information available to the person or authority furnishing the report or assessment, or causing it to be furnished, as that person or authority considers may be of assistance to the Minister in considering the prisoner's request. (3) Without affecting the Minister's powers to form an opinion or exercise a discretion under Part II of the Act, the Minister, in considering a prisoner's request, may have regard to: (a) whether the statutory period during which an appeal against the prisoner's conviction or sentence may be made has expired; (b) whether an appeal against the prisoner's conviction or sentence has been finally dealt with; (c) whether, so far as the Minister is aware, every complaint or information alleging an offence by the prisoner against the law in force in the Territory, the Commonwealth, a State or another Territory of the Commonwealth has been finally dealt with; (d) whether a petition for an inquiry, or an inquiry, under the law in force in the Territory into the prisoner's conviction or sentence is pending; and (e) the term of imprisonment remaining to be served by the prisoner compared with the estimated period for dealing with the request and issuing and executing an order of transfer.

Part II Transfer for prisoner's welfare Prisoners (Interstate Transfer) Regulations 1984 4 7 Repeated requests for transfer Without affecting the Minister's power to exercise a discretion under section 7 of the Act to entertain a prisoner's request, the Minister may refuse to entertain a prisoner's request made within 12 months after a similar request where there has not, in the Minister's opinion, been a substantial change in the circumstances which are likely to benefit the prisoner's welfare. 8 Request to corresponding Minister to accept transfer of prisoner Where: (a) following consideration of a prisoner's request, the Minister is of the opinion that, in the interests of the welfare of the prisoner, the prisoner should be transferred to the participating State or other Territory to which the request relates; and (b) the Minister makes a written request to the corresponding Minister of the participating State to accept, or the Attorney- General of the Commonwealth to consent to, the transfer of the prisoner, the written request shall be accompanied by a copy of: (c) the prisoner's request; (d) the reports, assessments and other information referred to in regulations 4 and 6 in relation to the prisoner; and (e) a statement setting out the matters on which the Minister's opinion is based. 9 Order of transfer An order for the transfer of a prisoner issued by the Minister under section 5 of the Act shall be in accordance with Form 2. 10 Request for transfer to the Territory Where the Minister receives a written request referred to in section 8 of the Act asking the Minister to accept the transfer of an imprisoned person to the Territory, the Minister may, before considering the matter, request: (a) the Commissioner of Correctional Services; and (b) the Commissioner of Police,

Part III Transfer for trial Prisoners (Interstate Transfer) Regulations 1984 5 to furnish reports on the merits or otherwise of the request for the transfer of the imprisoned person. Part III Transfer for trial 11 Request by Attorney-General of participating State for transfer of prisoner (1) Where the Attorney-General receives from the Attorney-General of a participating State or of the Commonwealth a written request referred to in section 10(1)(a) of the Act for the transfer of a prisoner to a participating State or to another Territory for the purpose of being dealt with according to law, the Attorney-General, before considering the request, may: (a) through the Minister, inform the prisoner of the substance of the request and seek the prisoner's comments in writing; and (b) obtain from the Minister a report relating to the prisoner, being a report in the same terms as a report which would be required to be sent under section 24(1)(c) of the Act in respect of the prisoner if he were conveyed to a participating State. (2) Any comments in writing a prisoner referred to in subregulation (1) desires to make shall be made not later than 14 days after receipt by the prisoner of the advice of the substance of a request referred to in that subregulation and shall be forwarded to the Minister for reference to the Attorney-General. 12 Request by prisoner for transfer to participating State (1) For the purposes of section 10(1)(b) of the Act, a written request made by a prisoner to the Minister for the transfer of the prisoner to a participating State or to another Territory to be dealt with according to law shall be in accordance with Form 3. (2) Where the Minister refers to the Attorney-General a prisoner's written request referred to in subregulation (1), the Minister shall, at the same time, send to him a report relating to the prisoner, being a report in the same terms as a report which would be required to be sent under section 24(1)(c) of the Act in relation to the prisoner if he were conveyed to a participating State. (3) Where the Attorney-General consents to a prisoner's written request referred to in subregulation (1), he shall refer to the Attorney-General of the participating State to which the request relates or of the Commonwealth, with the written notice of the consent, the report referred to in subregulation (2), together with the request.

Part III Transfer for trial Prisoners (Interstate Transfer) Regulations 1984 6 13 Certification of consent or request (1) A certificate referred to in section 11(2) of the Act in relation to a consent or request required under section 11(1) of the Act shall be in accordance with Form 4. (2) The prescribed officer for the purpose of signing a certificate referred to in section 11(2) of the Act shall be the Crown Law Officer within the meaning of the Criminal Code. (3) Immediately after the signing by the Crown Law Officer of a certificate referred to in section 11(2) of the Act, the Crown Law Officer shall forward it to the Commissioner of Correctional Services for the purpose of making an application to the Local Court for the issue of an order of transfer. 14 Application to court for issue of order of transfer (1) An application under section 12(1) of the Act to the Local Court for determination as to whether an order of transfer shall be issued: (a) may be made by, or on behalf of, the Commissioner of Correctional Services; (b) shall be in accordance with Form 5; and (c) shall be lodged in quadruplicate. (2) Where, as a result of an application referred to in subregulation (1), the Local Court makes an order under section 12(1) of the Act in relation to a prisoner, a copy of the application and notice of the order, together with a notice of hearing of the application, shall be served, by or on behalf of the applicant, on: (a) the prisoner personally; and (b) the Attorney-General personally, or by leaving them with a member of the Attorney-General's staff at the Attorney- General's office. 15 Order to bring prisoner before court An order under section 12(1) or 14(2) of the Act, directing the person in charge of the prison where a prisoner is imprisoned to bring the prisoner before a court, shall be in accordance with Form 6.

Part IV Transfer back to original State Prisoners (Interstate Transfer) Regulations 1984 7 16 Order of transfer (1) An order of transfer issued under section 13(a) of the Act by the Local Court shall be in accordance with Form 7. (2) An order of transfer issued under section 14(6) of the Act by the Supreme Court shall be in accordance with Form 8. 17 Request for transfer to the Territory by imprisoned person Where the Attorney-General has received from the Attorney- General of a participating State a notice, in writing, referred to in section 17(c) of the Act that he has consented to a request made by a person imprisoned in the participating State to be transferred to the Territory to enable him to be dealt with according to law, the Attorney-General may, before considering the matter, obtain from the Commissioner of Police a report on the request. Part IV Transfer back to original State 18 Return of person to participating State For the purposes of section 18 of the Act, an order of transfer returning a person to a participating State or to another Territory shall be in accordance with Form 9. 20 Inquiries before issue of order of transfer Before issuing in respect of a person an order of transfer referred to in regulation 18, the Minister may inquire of: (a) the person; and (b) the Commissioner of Police, whether or not, as far as is known, every complaint or information alleging an offence by the person against the law in force in the Territory has been finally dealt with according to law. 22 Request to serve imprisonment in the Territory (1) Where a person who is liable to be transferred to a participating State or to another Territory pursuant to an order of transfer issued under section 18 of the Act makes a written request to the Minister to serve imprisonment in the Territory, the request shall: (a) be signed by the person; (b) set out the grounds in support of the request; and

Part IV Transfer back to original State Prisoners (Interstate Transfer) Regulations 1984 8 (c) be forwarded to the Minister through the Commissioner of Correctional Services. (2) Regulation 4(3) applies to and in relation to a person's request referred to in subregulation (1) in the same way as that regulation applies to and in relation to a prisoner's request, within the meaning of Part II, to which regulation 4 applies. (3) Regulation 7 applies to and in relation to a person's request referred to in subregulation (1) in the same way as that regulation applies to and in relation to a prisoner's request within the meaning of Part II. (4) Where the Minister agrees to a person's request referred to in subregulation (1), the Minister shall: (a) give written notice of the decision to the corresponding Minister of the participating State or to the Attorney-General of the Commonwealth; (b) enclose with the notice copies of the reports, information, documents and details that the Minister had regard to in considering the request; and (c) seek the advice of the corresponding Minister or of the Attorney-General of the Commonwealth as to whether or not that Minister or the Attorney-General of the Commonwealth agrees to the person's imprisonment being served in the Territory. 23 Order following agreement under section 21(1)(a) of Act Where, upon a person making a request referred to in regulation 22(1), the Minister and the corresponding Minister of the participating State and the Attorney-General of the Commonwealth agree, pursuant to section 21(1)(a) of the Act, that it is in the interests of the welfare of the person that the person's imprisonment should be served in the Territory, the Minister shall issue an order of imprisonment in accordance with Form 10. 24 Inquiries concerning persons liable to be transferred to the Territory The Minister, in deciding whether or not to agree to a person imprisoned in a participating State serving imprisonment in the participating State in pursuance of a request made under an interstate law that corresponds to section 21(1)(a) of the Act, may inquire of the Commissioner of Police whether or not, as far as is known, every complaint or information alleging an offence by the person against the law in force in the Territory has been finally dealt

Part V Miscellaneous Prisoners (Interstate Transfer) Regulations 1984 9 with according to law. Part V Miscellaneous 25 Escort arrangements (1) Unless there is an agreement to the contrary between the Minister and: (a) where the request is for the transfer of a Territory prisoner to a participating State, the corresponding Minister of the participating State; or (b) where the request is for the transfer of a Territory prisoner to another Territory or for the transfer of a joint prisoner to a participating State or to another Territory, the Attorney- General of the Commonwealth, the cost and responsibility for transferring a prisoner of a kind described in Column 1 of the Table to this regulation from the Territory pursuant to an order of transfer of a kind so described in relation to the prisoner shall be borne by the Territory, participating State or the Commonwealth as specified in Column 2 of the Table. (2) In the Table to this regulation, a reference to a sentence includes a reference to a concurrent and to a cumulative sentence. TABLE Column 1 Column 2 Order of transfer of a Territory prisoner to a participating State or another Territory for prisoner's welfare the Territory Order of transfer to a participating State or another Territory for the welfare or trial of a: (a) joint prisoner serving Territory and Commonwealth sentences where the Commonwealth sentence is of the same or greater length; Commonwealth (b) joint prisoner serving longer Territory sentence than Commonwealth sentence the Territory Order of transfer of a Territory prisoner to a participating State or other Territory for the prisoner's trial participating State or Commonwealth

Part V Miscellaneous Prisoners (Interstate Transfer) Regulations 1984 10 Column 1 Column 2 Order of transfer to return prisoner to a participating State or other Territory after being dealt with according to law the Territory 26 Information relating to prisoner to be sent to participating State Where a copy of an order of transfer or other document is to be sent, pursuant to section 24(1) of the Act, to the corresponding Minister of a participating State, or to some person for the time being designated by the corresponding Minister, the copy shall be certified by the Commissioner of Correctional Services or by some person for the time being designated by the Commissioner. 27 Information relating to person received from participating State Where: (a) under an interstate law, an order is issued for the transfer to the Territory of a person imprisoned in a participating State; and (b) the person is brought into the Territory pursuant to the order, the order and other documents, or copies of them, sent by the corresponding Minister to the Minister or person for the time being designated by the Minister shall, after completion of any action required in relation to them, be: (c) forwarded to the Commissioner of Correctional Services; and (d) retained with the person's warrant papers. 28 Lawful custody for transit through the Territory Where, pursuant to section 29 of the Act, the Commissioner of Correctional Services receives a person who is the subject of an order of transfer from one participating State or other Territory to another participating State or Territory and detains him in custody, the Commissioner shall endorse on the copy of the order of transfer issued in relation to the person delivered to the Commissioner by the escort the time and date of: (a) the receipt of the person into custody; and (b) the delivery of the person to the custody of the escort.

Part V Miscellaneous Prisoners (Interstate Transfer) Regulations 1984 11 29 Return of person in transit to original State (1) For the purposes of section 30(2) of the Act, a warrant ordering a person to be returned to the participating State in which the order of transfer in relation to the person was issued shall be in accordance with Form 11. (2) A warrant referred to in subregulation (1) shall direct that the person who is the subject of the warrant be returned to the prison in the participating State from which he was transferred pursuant to the order of transfer issued in relation to the person. 30 Revocation of order of transfer For the purposes of section 32 of the Act: (a) an application to the Local Court to revoke an order of transfer shall be in accordance with Form 12; and (b) the prescribed office the holder of which may make an application referred to in subregulation (1) is the office of: (i) Commissioner of Correctional Services; (ii) member within the meaning of the Police Administration Act 1978; or (iii) probation and parole officer. 31 Procedure relating to property on transfer of person (1) Where a person is about to be released from a prison for escort to a participating State or other Territory pursuant to an order of transfer or a warrant issued under the authority of the Act, the Commissioner of Correctional Services shall give or cause to be given to the person an opportunity to inspect: (a) the personal property, if any, belonging to the person and in the custody of the Commissioner; and (b) all official records at the prison relating to money, if any, belonging to the person. (2) Where a person referred to in subregulation (1): (a) inspects the personal property, if any, belonging to him and in the custody of the Commissioner of Correctional Services and any records referred to in subregulation (1)(b); and

Part V Miscellaneous Prisoners (Interstate Transfer) Regulations 1984 12 (b) wishes to make a complaint relating to the condition of, or a deficiency in, that property or a mistake in those records, he may make that complaint in writing. (3) A person referred to in subregulation (1) who makes a complaint referred to in subregulation (2) shall deliver it to: (a) the Commissioner of Correctional Services; or (b) a prison officer at the prison in which the person is detained who shall, as soon as practicable, convey the complaint to the Commissioner. (4) The Commissioner of Correctional Services shall: (a) investigate a complaint made under subregulation (2) by a person that is delivered or conveyed to the Commissioner, or cause such complaint to be investigated; and (b) report the result, if any, of the investigation, or cause it to be reported, to the person before the release of the person for escort to a participating State or other Territory. (5) Where it is brought to the attention of the Commissioner of Correctional Services that: (a) the result of an investigation carried out in response to a complaint made under subregulation (2) by a person is not to the satisfaction of the person; or (b) an investigation of such a complaint has not been completed before the release of the person for escort to a participating State or other Territory, the Commissioner must, as soon as practicable, notify the Minister of the complaint and the result of the investigation, or the fact that the investigation has not been completed, as the case requires. 32 Transfer of person's property (1) Where a person is released from a prison and escorted to a participating State or another Territory pursuant to an order of transfer or a warrant issued under the authority of the Act, all money belonging to the person which is in the control and custody of the Commissioner of Correctional Services must be remitted by the Commissioner to the person in charge of the prison in the participating State or other Territory to which the person is to be escorted, for credit to the person's account.

Part V Miscellaneous Prisoners (Interstate Transfer) Regulations 1984 13 (2) The Commissioner of Correctional Services must inform the person, or cause the person to be informed, in writing, of the amount remitted under subregulation (1) to the person in charge of the prison in the participating State or other Territory for credit to the person's account. (3) When being escorted to a participating State or another Territory a person being transferred under the Act may be permitted to take so much personal clothing and other articles of personal property belonging to the person as, in the opinion of the escort, can be safely and conveniently taken with the person to the participating State or other Territory. (4) Articles of personal property belonging to a person being transferred under the Act, being articles which are either in the person's physical possession at a prison or in the custody of the Commissioner of Correctional Services and which are not taken with person, may be: (a) disposed of by the Commissioner of Correctional Services in accordance with written directions, if any, given by the person; or (b) may be forwarded to the person in the participating State or other Territory, at the person's risk and expense.

Schedule Prisoners (Interstate Transfer) Regulations 1984 14 Schedule FORM 1 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 5 regulation 4(1) REQUEST BY PRISONER FOR TRANSFER TO PARTICIPATING STATE OR ANOTHER TERRITORY FOR PRISONER'S WELFARE I, (full name and aliases) currently a prisoner held at in the Territory, hereby request, in the interests of my welfare, to be considered for transfer to the State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 to serve the balance of my sentence(s). (The following questions are to be answered by the prisoner) Q. Has an appeal been lodged against the prisoner's conviction or sentence? A. Q. If so, has the appeal been determined? A. Q. Is there any outstanding charge, complaint or information against the prisoner under a law in force in the Territory, the Commonwealth, a State or another Territory yet to be dealt with? A. Q. Has there been a petition for, or is there pending, an inquiry into the prisoner's conviction or sentence? A. The request is made on the following grounds+: (See regulation 5 of the Prisoners (Interstate Transfer) Regulations 1984 printed below) For the purposes of this request I consent to any reports, assessments or other information obtained or supplied in respect of me being sent to the appropriate Minister in the participating State/the Attorney-General of the Commonwealth*.

Schedule Prisoners (Interstate Transfer) Regulations 1984 15 I understand that, on transfer: (a) the sentence(s) of imprisonment imposed on me in the Territory shall be deemed to have been imposed on me in the participating State/other Territory*; (b) I will be subject to the provisions of the rules and regulations applying to prisoners in that State/Territory*; and (c) I may be subject to reclassification under those provisions. Date Signed

Delete whichever is inapplicable.

If insufficient space use additional sheet. Regulation 5 of the Prisoners (Interstate Transfer) Regulations 1984 is as follows: "A prisoner's request shall include a statement as to: (a) family or near family support in the participating State or other Territory to which the request relates, including the availability of accommodation upon the prisoner's release from prison; (b) family or other social circumstances that may benefit the welfare of the prisoner either during imprisonment or following release from prison; (c) medical reasons, if any, in support of the request; (d) prospects of employment following release from prison; and (e) any other matters that the prisoner wishes to put forward in support of the request.".

Schedule Prisoners (Interstate Transfer) Regulations 1984 16 FORM 2 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 5 regulation 9 ORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER TERRITORY FOR PRISONER'S WELFARE TO the Commissioner of Correctional Services AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (full name) (in this order referred to as the prisoner) was on (date) at (court), for the offence(s) of sentenced to (aggregate term) imprisonment: (b) I, the Minister for Correctional Services, following receipt of a written request from the prisoner for transfer to a participating State/another Territory*, am of the opinion that, in the interests of the welfare of the prisoner, the prisoner should be transferred to the State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this order referred to as the Act), to serve the balance of the sentence(s) of imprisonment in accordance with the interstate law of that participating State, as defined in section 3(1) of the Act/the Transfer of Prisoners Act 1983 of the Commonwealth*: (c) The corresponding Minister of the participating State/Attorney-General of the Commonwealth* has given his or her written consent to the transfer of the prisoner to the participating State/other Territory*: NOW, THEREFORE, I HEREBY COMMAND YOU: (d) the Commissioner of Correctional Services, to deliver the prisoner, together with this order, into the custody of the above-named escort(s); (e) the above-mentioned escort(s), to take and safely keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to the participating State/other Territory* and there delivering the prisoner, together with this order, into the custody of the person in charge of the

Schedule Prisoners (Interstate Transfer) Regulations 1984 17 prison at in the participating State/other Territory*, and for your so doing this order shall, subject to section 6 of the Prisoners (Interstate Transfer) Act 1983, be your sufficient authority. Date Minister for Correctional Services

Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 18 FORM 3 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 10(1)(b) regulation 12(1) REQUEST BY PRISONER FOR TRANSFER TO PARTICIPATING STATE OR ANOTHER TERRITORY TO BE DEALT WITH ACCORDING TO LAW I, (full name and aliases) currently a prisoner held at , hereby request that I be transferred to the State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 to be dealt with in that participating State/other Territory* according to law for outstanding offence(s) alleged against me. (1) Details of the outstanding offences are as follows+: (2) There is no outstanding charge, complaint or information against me in the Territory yet to be dealt with according to law, nor is there an appeal pending in respect of me in the Territory. (3) Matters outstanding or pending in the Northern Territory: (details) Date Signed

Delete whichever is inapplicable.

Give details of prosecutor, date and nature of the alleged offence(s), the court, if any, at which the proceedings are pending, or details of an arrest warrant. Note: If outstanding offences alleged against the prisoner occurred in more than one participating State/other Territory*, a separate request is to be made in respect of each participating State/other Territory*.

Schedule Prisoners (Interstate Transfer) Regulations 1984 19 FORM 4 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 11(2) regulation 13(1) CERTIFICATE OF PRESCRIBED OFFICER WHEREAS: (a) (full name) (in this certificate referred to as the prisoner) was on (date) at (court) for the offence(s) of sentenced to (aggregate term) imprisonment; (b) the prisoner is the subject of an arrest warrant issued in accordance with the law of the Commonwealth/State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983; (c) the Attorney-General has received: from the Attorney-General of the Commonwealth/ participating State a written request given under the provision of a law that corresponds to section 16 of the Act, accompanied by a copy of the arrest warrant; a written request made by the prisoner to the Minister for Correctional Services and referred to the Attorney-General, being a request for the transfer of the prisoner to the participating State/other Territory to be dealt with according to law: NOW, I, the Crown Law Officer, the prescribed officer for the purposes of section 11(2) of the Act, hereby certify that the consents/consent and request* required under section 11(1) of the Act have been given or made for the transfer of the prisoner to the participating State/other Territory* to be dealt with according to law. Date Crown Law Officer

Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 20 FORM 5 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 12(1) regulation 14(1)(b) APPLICATION TO LOCAL COURT FOR THE ISSUE OF ORDER OF TRANSFER I, (name of applicant) the Commissioner of Correctional Services/a person acting on behalf of the Commissioner* of Correctional Services, hereby make application to the Local Court, for the issue of an order of transfer of (full name) (in this application referred to as the prisoner), at present detained at to the State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this application referred to as the Act), to be dealt with according to law. The prisoner was on (date) at (court) for the offence(s) of sentenced to (aggregate term) imprisonment. The prisoner is the subject of an arrest warrant issued in accordance with the law of the Commonwealth/participating State/other Territory*. I attach a certificate issued in accordance with section 11(2) of the Act certifying that the necessary consents/consent and request* required under section 11(1) of the Act for the transfer of the prisoner to the participating State/other Territory* have been given or made. I ask that an order in writing be issued by the court, in accordance with section 12(1) of the Act, directing the person in charge of the above-named prison to bring the prisoner before the court for determination as to whether an order of transfer shall be issued. Date Commissioner of Correctional Services

TAKE NOTICE that this application will be heard and determined at the Local Court at on the day of at 10.00 am.

Schedule Prisoners (Interstate Transfer) Regulations 1984 21 An order in writing under section 12(1) of the Act has been made directing that the prisoner be brought before the court on the above-mentioned date. Date Registrar of the Local Court at To: the applicant the above-named prisoner the Attorney-General.

*Delete whichever is inapplicable. Note: This application is to be filed at the Local Court in quadruplicate.

Schedule Prisoners (Interstate Transfer) Regulations 1984 22 FORM 6 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 12(1), 14(2) regulation 15 ORDER DIRECTING PERSON IN CHARGE OF PRISON TO BRING PRISONER BEFORE COURT TO the person in charge of the prison at and to all prison officers and members of the Police Force. WHEREAS (full name) (in this order referred to as the prisoner) is detained in custody in the above-named prison and should be in attendance before the under-mentioned court in connection with: an application for/a review of a decision made to issue*, an order of transfer of the prisoner to a participating State or another Territory to be dealt with according to law: NOW,

this the [*Local Court/ Supreme Court],
I ________________, a person authorised by the Rules of the Supreme Court, by this order made pursuant to section 12(1)/14(2)* of the Prisoners (Interstate Transfer) Act 1983 direct you, the person in charge of the above- named prison, or such prison officers or members of the Police Force charged by you to execute this order, to produce the prisoner, under secure conduct, in the court at on the day of 19, at 10.00 am, and so from day to day until the prisoner's attendance is no longer required by the court and, in due course, to return the prisoner to the custody from which the prisoner has been brought. Date (Designation)
Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 23 FORM 7 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 13(a) regulation 16(1) ORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER TERRITORY FOR PRISONER'S TRIAL (ISSUED BY LOCAL COURT) TO the Commissioner of Correctional Services AND TO the escort(s) for the purposes of executing this order WHEREAS: (a) (full name) (in this order referred to as the prisoner) was on (date) at (court) for the offence(s) of: sentenced to (aggregate term) imprisonment: (b) it has been established to the satisfaction of the Local Court that the prisoner is the subject of an arrest warrant issued in accordance with the law of the Commonwealth/State/ Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983*, and that the Attorney-General and the Attorney-General of the participating State/Commonwealth* have consented to or requested the transfer of the prisoner to the participating State/other Territory* to be dealt with according to law: NOW, this, the Local Court, issues this order for the transfer of the prisoner to the participating State/other Territory* to be dealt with according to law. THE LOCAL COURT, THEREFORE, COMMANDS: (c) the Commissioner of Correctional Services to deliver the prisoner, together with this order, into the custody of the above-mentioned escort(s):

Schedule Prisoners (Interstate Transfer) Regulations 1984 24 (d) the above-mentioned escort(s), to take and safely keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to the participating State/other Territory* and there delivering the prisoner, together with this order, into the custody of the person in charge of the prison at in the participating State/other Territory*: and for your so doing, this order shall be your sufficient authority. Date Local Court Judge *Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 25 FORM 8 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 14(6) regulation 16(2) ORDER OF TRANSFER TO PARTICIPATING STATE OR ANOTHER TERRITORY FOR PRISONER'S TRIAL (ISSUED BY SUPREME COURT) TO the Commissioner of Correctional Services AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (full name) (in this order referred to as the prisoner) was on (date) at (court), in the Territory for the offence(s) of sentenced to (aggregate term) imprisonment: (b) on (date) the Local Court, on an application for the issue of an order for the transfer of the prisoner to the State/Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 to be dealt with according to law made the following order: (substance of order) (c) (applicant for review) was dissatisfied with the decision of the Local Court and applied to the Supreme Court for a review of the decision: NOW, I, the undersigned Supreme Court Judge, having reviewed the decision of the Local Court, hereby quash the decision AND, it having been established to my satisfaction that the prisoner is the subject of an arrest warrant issued in accordance with the law of the Commonwealth/participating State/other Territory* and that the Attorney-General and the Attorney-General of the Commonwealth/participating State* have consented to or requested the transfer of the prisoner to the participating State/other Territory* to be dealt with according to law, do issue this order for the transfer of the prisoner to the participating State/other Territory* to be dealt with according to law:

Schedule Prisoners (Interstate Transfer) Regulations 1984 26 I, THEREFORE, HEREBY COMMAND YOU: (d) the Commissioner of Correctional Services, to deliver the prisoner, together with this order, into the custody of the above-mentioned escort(s): (e) the above-mentioned escort(s), to take and safely keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to the participating State/other Territory* and there delivering the prisoner, together with this order, into the custody of the person in charge of the prison at in the participating State/other Territory*: and for your so doing, this order shall be your sufficient authority. Date Supreme Court Judge *Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 27 FORM 9 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 18 regulation 18 ORDER OF TRANSFER TO RETURN PERSON TO ORIGINAL STATE OR TERRITORY AFTER BEING DEALT WITH ACCORDING TO LAW TO the Commissioner of Correctional Services AND TO the escort(s) for the purposes of executing this order. WHEREAS: (a) (full name) (in this order referred to as the prisoner) was on (date) at (court), in the State/ Territory* of , a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this order referred to as the Act) for the offences of sentenced to (aggregate term) imprisonment: (b) the prisoner was transferred to the Territory from the above-named participating State/other Territory* pursuant to an order of transfer issued under a provision of the interstate law of that participating State/other Territory* for the purpose of being dealt with according to law: (c) so far as I, the Minister for Correctional Services, am aware, every complaint or information alleging an offence by the prisoner against the law in force in the Territory has been finally dealt with according to law and as a result the prisoner: *did not become liable to serve a sentence of imprisonment in the Territory; *was on (date) at (court) in the Territory, for the offence(s) of sentenced to (aggregate term) imprisonment, AND the term of imprisonment remaining to be served in the Territory is shorter than the period of imprisonment remaining to be served by the prisoner under the translated sentence;

Schedule Prisoners (Interstate Transfer) Regulations 1984 28 NOW, THEREFORE, I, the Minister for Correctional Services, pursuant to section 18 of the Act, issue this order for the transfer of the prisoner to the participating State/other Territory* to serve the period of imprisonment remaining to be served by the prisoner in that State/Territory*. I HEREBY COMMAND YOU: (d) the Commissioner of Correctional Services to deliver the prisoner, together with this order, into the custody of the above-mentioned escort(s): (e) the above-mentioned escort(s), to take and safely keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to the participating State/other Territory* and there deliver the prisoner, together with this order, into the custody of the person in charge of the prison at in the participating State/other Territory*; and for your so doing, this order shall, subject to section 19 of the Act, be your sufficient authority. Date Minister for Correctional Services *Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 29 FORM 10 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 21(1)(a) Regulation 23 AGREEMENT THAT PRISONER SHOULD SERVE HIS OR HER IMPRISONMENT IN THE NORTHERN TERRITORY OF AUSTRALIA TO the Commissioner of Correctional Services WHEREAS: (a) (full name) (in this order referred to as the prisoner) was on (date) at (court), in the State/Territory* of , a participating State/another Territory*, for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this agreement referred to as the Act), for the offences of sentenced to (aggregate term) imprisonment: (b) the prisoner was transferred to the Territory pursuant to the Act for the purpose of being dealt with according to law; (c) the prisoner was on (date) at (court) in the Territory, for the offence(s) of sentenced to (aggregate term) imprisonment: (d) by reason of the shorter sentence of imprisonment imposed in the Territory, the prisoner is liable to be transferred back to the participating State/other Territory* pursuant to Part IV of the Act to serve the longer sentence of imprisonment; (e) the prisoner has made a written request to the Minister for Correctional Services to serve the longer sentence of imprisonment in the Territory: (f) the Attorney-General of the Commonwealth, the corresponding Minister of the participating State and I, the Minister for Correctional Services, have agreed in writing that it is in the interests of the welfare of the prisoner that the prisoner should serve the longer sentence of imprisonment in the Territory,

Schedule Prisoners (Interstate Transfer) Regulations 1984 30 NOW, THEREFORE, THIS IS TO COMMAND YOU, the Commissioner of Correctional Services, to receive the prisoner into your custody for the purpose of serving the longer sentence of imprisonment in accordance with the Act and for your so doing this order shall be your sufficient authority. Date Minister for Correctional Services *Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 31 FORM 11 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 30(2) regulation 29(1) WARRANT ORDERING PERSON TO BE RETURNED TO THE PARTICIPATING STATE IN WHICH AN ORDER OF TRANSFER WAS ISSUED TO the senior officer of Police at , and to all other members of the Police Force. TO the Commissioner of Correctional Services . AND TO the escort(s) for the purposes of the Prisoners (Interstate Transfer) Act 1983 (in this warrant referred to as the Act). WHEREAS: (a) (full name) (in this warrant referred to as the prisoner), a person subject to an order of transfer issued under an interstate law of the State of , a participating State for the purposes of the Act, being a person in lawful custody pursuant to section 29 of the Act for transit through the Territory was, before the Local Court at (address) on (date) , proved to have escaped/attempted to have escaped* from such lawful custody; (b) notwithstanding the terms of the order of transfer issued in the above- named participating State, it was ordered by the Local Court that the prisoner be returned to the participating State and, for that purpose, it was also ordered that the prisoner be delivered to an escort: I, THEREFORE, HEREBY COMMAND YOU: (c) the above-mentioned senior officer of Police and all other members of the Police Force, and the Commissioner of Correctional Services, to receive the prisoner and detain the prisoner in your custody: (i) until the prisoner is delivered into the custody of the escort(s) to whom this warrant is directed, together with this warrant, for the purpose of being returned to the participating State; or (ii) until the expiration of a period of 7 days after the date of this warrant,

Schedule Prisoners (Interstate Transfer) Regulations 1984 32 whichever first occurs; and (d) the above-mentioned escort(s), to take and safely keep custody of the prisoner for the purpose of conveying the prisoner from the Territory to the participating State: and for your so doing, this warrant shall be your sufficient authority. In the event of the prisoner not being delivered into the custody of an escort to whom this warrant is directed within a period of 7 days after the date of this warrant, this warrant shall have no further effect and the prisoner shall be discharged in respect of this warrant. Date Justice of the Peace *Delete whichever is inapplicable.

Schedule Prisoners (Interstate Transfer) Regulations 1984 33 FORM 12 NORTHERN TERRITORY OF AUSTRALIA Prisoners (Interstate Transfer) Act 1983 section 32 regulation 30(a) APPLICATION TO LOCAL COURT TO REVOKE AN ORDER OF TRANSFER I, , of , the Commissioner of Correctional Services/member of the Police Force/probation and parole officer*, hereby make application to the Local Court for the revocation of the order of transfer issued by on for the transfer of (in this application referred to as the prisoner) to the State/Territory* of a participating State/another Territory* for the purposes of the Prisoners (Interstate Transfer) Act 1983. The application is made on the ground(s) that the prisoner has committed the following offence(s): Date Commissioner of Correctional Services Member of the Police Force Probation and parole Officer*

TAKE NOTICE that this application will be heard and determined at the Local Court at , on the day of 19 , at 10.00 am. Date Registrar of the Local Court at To the applicant the above-named prisoner.

*Delete whichever is inapplicable. Note: This application is to be filed at the Local Court in triplicate.

ENDNOTES Prisoners (Interstate Transfer) Regulations 1984 34 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Prisoners (Interstate Transfer) Regulations (SL No. 57, 1984) Notified 21 September 1984 Commenced 21 September 1984 (r 2, s 2 Prisoners (Interstate Transfer) Act 1983 (Act No. 7, 1983) and Gaz S50, 21 September 1984, p 1) Amendments of Prisoners (Interstate Transfer) Regulations (SL No. 2, 1992) Notified 12 February 1992 Commenced 12 February 1992 (r 1, s 2 Prisoners (Interstate Transfer) Amendment Act 1989 (Act No. 9, 1989) and Gaz G6, 12 February 1992, p 3) Amendment of Prisoners (Interstate Transfer) Regulations (SL No. 39, 1996) Notified 7 August 1996 Commenced 7 August 1996 Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Statute Law Revisions Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018)

ENDNOTES Prisoners (Interstate Transfer) Regulations 1984 35 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3 and 30 and sch. 4 LIST OF AMENDMENTS r 3 amd Act No. 27, 2014, s 57; Act No. 10, 2018, s 6 r 4 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57 r 5 amd No. 2, 1992, r 7 r 6 amd Act No. 27, 2014, s 57 r 8 amd No. 2, 1992, r 7 r 9 sub No. 2, 1992, r 3 r 10 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57 rr 11 – 12 amd No. 2, 1992, r 7 rr 13 – 14 amd Act No. 27, 2014, s 57; Act No. 9, 2016, s 160 r 15 amd Act No. 27, 2014, s 57 r 16 amd Act No. 9, 2016, s 160 r 17 amd Act No. 27, 2014, s 57 r 18 amd No. 2, 1992, r 7 r 19 rep No. 2, 1992, r 4 r 20 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57 r 21 rep No. 2, 1992, r 4 r 22 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160 r 23 amd No. 2, 1992, r 7 r 24 amd Act No. 27, 2014, s 57 r 25 sub No. 2, 1992, r 5 rr 26 – 27 amd Act No. 27, 2014, s 57 r 28 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57 r 29 amd No. 2, 1992, r 7 r 30 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160 rr 31 – 32 amd No. 2, 1992, r 7; Act No. 27, 2014, s 57 sch sub No. 2, 1992, r 6 amd No. 39, 1996; Act No. 27, 2014, s 57; Act No. 9, 2016, s 160

1 PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984

The Regulations organise the interstate transfer process around a few recurring legal and administrative concepts: prisoner-initiated requests, ministerial and prosecutorial requests/consents, documentary certification, court participation, custody and escort, information exchange, property handling and cost allocation.

Prisoner-initiated requests: There are two defined request types. A welfare request (for transfer "in the interests of the welfare of the prisoner") must be in Form 1 and must include statements about family support, accommodation, medical reasons, employment prospects and other matters (r 4(1); r 5). A request to be transferred to be dealt with according to law (for outstanding charges or trial) is made in Form 3 (r 12(1)). The Regulations specify signature, routing through the Commissioner and the ancillary material that must accompany such a request (r 4(2)-(3); r 12(2)).

Commissioner’s role and required reports: The Commissioner of Correctional Services is central. On receipt of a prisoner’s welfare request, the Commissioner must prepare and attach a statement of convictions and sentences including non-parole period and estimated release date, a comprehensive conduct report, and must forward the request to a probation and parole officer for a detailed report and an opinion on welfare transfer (r 4(3)(a)-(c)). The Commissioner forwards assembled material to the Minister (r 4(3)(d)). The Commissioner also certifies documents sent to corresponding Ministers or designated persons (r 26) and retains transfer documents with warrant papers when persons are received into the Territory (r 27).

Ministerial and Attorney-General decisions and certification: The Minister considers welfare requests and may request further medical, psychiatric or psychological reports (r 6(1)). The Minister may refuse repeated requests within 12 months absent a substantial change in circumstances (r 7). For transfers related to being "dealt with according to law" (trial-related transfers), the Attorney-General receives requests from participating jurisdictions; a Crown Law Officer must certify the required consents or requests in accordance with Form 4 (r 11-13). The prescribed officer for certifying certificates is explicitly the Crown Law Officer (r 13(2)).

Court involvement: The Local Court and Supreme Court have roles for trial-related transfers and reviews. Applications to the Local Court are made in quadruplicate using Form 5 (r 14(1)(b)-(c)); service of application and notice of hearing must be effected on the prisoner and the Attorney-General (r 14(2)). The Local Court can issue transfer orders for trial (Form 7; r 16(1)). The Supreme Court may review and issue transfer orders on appeal or review of Local Court decisions (Form 8; r 16(2)).

Custody and transit: Transfer and return orders serve as "sufficient authority" for escorts and correctional officers (Forms 2, 7, 8, 9). For persons in transit through the Territory under an interstate transfer order, the Commissioner must endorse the order with times and dates of receipt and delivery (r 28). Warrant forms ordering return to the originating State are prescribed (Form 11; r 29).

Property and money: Prior to release for escort, the Commissioner must give the person the opportunity to inspect personal property and prison records relating to money, permit complaints in writing and investigate those complaints and report results to the person before release; unresolved issues must be notified to the Minister (r 31). On transfer, all money in the Commissioner’s control must be remitted to the receiving prison for credit to the person’s account and the person must be informed in writing of the amount remitted (r 32(1)-(2)). Personal property may be taken in custody at the escort’s discretion or disposed or forwarded at the person’s risk and expense (r 32(3)-(4)).

Cost allocation and responsibilities: The Regulations allocate costs and responsibilities for escort in the Table to regulation 25. The default rule is that, unless there is an agreement otherwise, costs for specified kinds of transfer and which entity bears them are set out by reference to the columned Table in r 25(1)-(2).

Information exchange and certification: Copies of orders and documents sent to corresponding Ministers must be certified by the Commissioner or a person designated by the Commissioner (r 26). Documents received from a participating State must be forwarded to the Commissioner and retained with warrant papers (r 27).

Revocation and return: The instrument provides forms and identifies who may apply to revoke transfer orders (r 30): the Commissioner of Correctional Services, a member within the Police Administration Act 1978 meaning, or a probation and parole officer. Return-of-person orders and warrants are prescribed and include operational details (Forms 9 and 11; rr 18, 29).

Definition cross-references: The Regulations explicitly cross-reference other statutory concepts and instruments,non-parole period (Sentencing Act 1995 s 3(1)), the Parole Board (Parole Act 1971), probation and parole officer (Correctional Services Act 2014 s 4) and interstate laws such as the Commonwealth Transfer of Prisoners Act 1983 (r 9(b) Form 2). These cross-references embed the Regulations in the larger sentencing, parole and correctional legal framework.

Primary persons affected

Prisoners subject to Territory sentences who wish to transfer to a participating State or another Territory for welfare or to be dealt with according to law (rr 4, 12). The Regulations prescribe the forms, attachments and representations such prisoners must provide (Forms 1, 3; rr 4, 5, 12).
Persons imprisoned in other participating States who are brought into or through the Territory under interstate transfer orders (rr 27-29). Their custody and property arrangements while in the Territory are governed by the prescribed endorsement, retention and forwarding rules (rr 27-29).

State actors and officials

Minister for Correctional Services: decides welfare transfers, issues orders in Form 2 or Form 9 where the Minister makes the required determinations, and communicates with corresponding Ministers and the Attorney-General (rr 6, 8, 9, 18, 23).
Commissioner of Correctional Services: operational actor who receives prisoner requests, compiles requisite reports and certificates, forwards material to the Minister, certifies copies for correspondence with participating States, and manages custody, property inspections and remittances (rr 4, 26-28, 31-32).
Probation and parole officers: tasked with preparing a detailed report and an opinion about whether transfer is in the prisoner's welfare for welfare requests (r 4(3)(c)).
Attorney-General and Crown Law Officer: implicated in transfers for trial. The Attorney-General of the Territory receives requests from other jurisdictions (r 11), may refer prisoner comments to the Minister (r 11(1)(a)-(b)), and the Crown Law Officer is the prescribed officer to certify consents or requests (r 13(2)).
Local Court and Supreme Court: exercise powers to issue or review transfer orders under the Act, and the Regulations specify application formats and service (r 14-16).
Police and prison officers: provide reports at the Minister’s request (r 10, r 17, r 24), execute warrants and escort orders (Forms 2, 7, 8, 9, 11), and receive persons in transit while endorsing time and date on orders (r 28).

Third parties and receiving jurisdictions

Corresponding Ministers in participating States and Attorneys-General in the Commonwealth: they receive copies of prisoner requests and supporting material and consent or refuse transfers; the Minister’s written request to a corresponding Minister must be accompanied by the prisoner’s request, the reports and a statement of the Minister’s reasoning (r 8(c)-(e)).
Receiving prisons and prison authorities in participating States: they receive remitted money credited to the prisoner’s account (r 32(1)) and take custody on delivery pursuant to a transfer order (Forms 2, 7, 8, 9).

Who pays

The Regulations set a default allocation for escort costs in r 25 Table. For example, where a Territory prisoner is transferred to a participating State for welfare, the Territory bears the cost; where a joint prisoner is transferred for welfare and the Commonwealth sentence is same or greater length, the Commonwealth bears the cost (r 25 Table). Where transfer is for trial, the participating State or Commonwealth bears cost in many cases, depending on whether the order is for a Territory prisoner or joint prisoner (r 25 Table). The Table governs absent a contrary agreement.

Who decides and who reviews

Decision-makers include the Minister for Correctional Services (welfare transfers, r 6-9), the Attorney-General (trial-related transfers and consent, r 11-13), and courts (Local Court, r 14-16; Supreme Court on review, r 16(2)). The Commissioner is an operational decision node for assembling material and executing orders.

Behavioural effects and immediate incentives

Prisoners are required to put forward welfare-relevant material in Form 1 (r 5). The 12-month threshold for repeated requests (r 7) creates an administrative temporal barrier to frequent applications. The need for Commissioner and probation/parole reports means prisoners seeking transfer must rely on internal correctional services processes and opinions. Corresponding States and Attorneys-General must receive certified documentation (r 26), and the Crown Law Officer must certify consents for trial transfers (r 13), creating legal-signature hurdles for cross-jurisdictional cooperation.

Diffusely affected parties

Family and potential employers in the receiving State may be implicated because prisoner welfare claims must set out family support, accommodation and employment prospects (r 5(a)-(d)).
Administrative staff in corrections, courts and Attorney-General’s offices will face work-flow burdens arising from quadruplicate filings, certification, and the need to assemble medical, psychiatric or psychological reports at the Minister’s direction (r 6(1); r 14(1)(c)).

Who bears operational risk

The Commissioner bears operational custody risks during transit and must manage property inspections, complaints and remittances (rr 28, 31-32). The Minister bears reputational and legal risk for ministerial decisions; courts provide judicial review pathways for contested matters (r 14-16). The receiving jurisdiction bears risk and costs for custody once the prisoner is delivered.

Prescribed duties

Prisoner application formalities: Prisoners must make welfare requests in Form 1 and trial-transfer requests in Form 3 (r 4(1); r 12(1)). Forms must be completed according to directions in the Schedule (r 3(3)).
Commissioner’s duties on receipt of a welfare request: prepare and attach a statement of convictions and sentences including non-parole period and estimated release date; prepare a comprehensive conduct report; forward the request to a probation and parole officer for a detailed report and opinion on welfare; and forward the complete request to the Minister (r 4(3)(a)-(d)).
Ministerial information-gathering: the Minister may or must obtain medical, psychiatric or psychological reports to assist consideration of a welfare request (r 6(1)-(2)). The Minister may have regard to procedural and evidentiary factors such as whether appeals are pending, whether complaints are finalised, and whether time remaining justifies processing (r 6(3)(a)-(e)).
Certification and forwarding obligations: when sending copies of an order or document to the corresponding Minister, the Commissioner must certify those copies (r 26). Documents received from participating States must be forwarded to the Commissioner and retained with warrant papers (r 27).
Custody and transit endorsements: where the Commissioner receives a person under an interstate order for transit, the Commissioner must endorse on the copy of the order the time and date of receipt and delivery (r 28).
Property inspection and complaint investigation: prior to release for escort the Commissioner must give a person the opportunity to inspect personal property and official records relating to money, accept written complaints about condition or records, investigate or cause investigation of those complaints and report results before release; if investigations are unsatisfactory or incomplete the Commissioner must notify the Minister as soon as practicable (r 31(1)-(5)).
Remittance of money: when a person is released for escort, all money belonging to that person in the Commissioner’s custody must be remitted to the receiving prison for credit to the person’s account and the person must be informed in writing of the amount remitted (r 32(1)-(2)).

Rights and protections

Opportunity to be heard and comment: where an Attorney-General receives a written request from another jurisdiction, the Attorney-General may, through the Minister, inform the prisoner of the substance of the request and seek the prisoner’s comments in writing within 14 days (r 11(1)(a)-(2)). Similarly, for a prisoner’s own referral to the Attorney-General for trial transfer, the Minister must send a report to the Attorney-General at the time of referral (r 12(2)).
Supervision of repeat applications: the Minister may refuse to entertain a request made within 12 months where no substantial change in circumstances would benefit welfare (r 7). This is a discretionary gate but serves to manage repeated applications.
Judicial processes: a person’s transfer for trial is subject to court processes; an application to the Local Court must be made in quadruplicate and served on the prisoner and the Attorney-General; the Local Court or Supreme Court may issue or review transfer orders (r 14-16).
Right to contest revocation: certain prescribed officers (Commissioner, Police member, probation and parole officer) may apply to revoke an order of transfer under Form 12 (r 30(1)-(2)). The application must be filed and will be heard by the Local Court (Form 12).
Procedural transparency on property: prisoners have the right to inspect property and records and to have complaints investigated and reported prior to transfer; unresolved or unsatisfactory investigations must be notified to the Minister (r 31(4)-(5)).

Delegation and specified officers

The Regulations allow specified delegations: certification of copies may be done by a person designated by the Commissioner (r 26). The Commissioner may cause investigations to be carried out by others (r 31(4)(a)-(b)).
Prescribed officer for certification for trial transfers: the Crown Law Officer is the prescribed officer for certifying consents/requests (r 13(2)) and must forward the certificate to the Commissioner for court application (r 13(3)).

Documentary and timing obligations

The Regulations prescribe form, content and specific filing requirements: Form 5 applications to the Local Court must be lodged in quadruplicate (r 14(1)(b)-(c)); prisoner comments on transfer-by-request must be made within 14 days of receipt of advice of the substance (r 11(2)).
The Minister’s written request to a corresponding Minister must be accompanied by the prisoner's request and related reports and a statement of reasons (r 8(c)-(e)).

Limits of rights in the Regulations

The Regulations are procedural and do not themselves create a right to transfer. They implement the mechanisms in the Act: for example, the Minister retains discretionary power to form an opinion and exercise discretion under Part II of the Act (r 6(3) expressly notes this). The Regulations shape how the discretion is informed and exercised but do not eliminate or replace the statutory discretion.

Penalties

The Regulations themselves do not prescribe criminal sanctions or monetary penalties. A careful reading of the text reveals no express penalty provisions within the Regulations’ provisions or the Schedule of forms. The instrument focuses on procedural duties, forms, and administrative obligations rather than on the imposition of new offences.

Enforcement mechanisms and coercive instruments

Orders and warrants: the primary enforcement mechanism is the transfer order and related warrants. Prescribed forms function as "sufficient authority" for escorts and officers to execute custody and transport obligations (Forms 2, 7, 8, 9; see, for example, the wording in Forms 2, 7 and 9 commanding the Commissioner to deliver the prisoner to named escorts and stating that the order shall be sufficient authority).
Return warrants on escape or attempted escape in transit: Form 11 is a warrant ordering a person to be returned to the participating State where the person escaped or attempted escape in transit; it commands police and the Commissioner to detain the prisoner until delivery to escorts or for up to seven days (Form 11; r 29(1)-(2)). This creates a short temporal authority for continued custody and return in an escape scenario rather than a penalty in the Regulations themselves.
Court process: the Local Court and Supreme Court play enforcement roles through their ability to issue transfer orders (Forms 7 and 8; r 16). Where applications are made to the court under the Act and the Regulations (Form 5; r 14), the court’s order is the legal instrument authorising transfer and is enforceable through existing court powers.
Revocation and applications: revocation of transfer orders is available by application to the Local Court under Form 12; the prescribed officers who may make such an application are the Commissioner, a member of the Police Administration Act 1978 meaning, or a probation and parole officer (r 30(1)(b)). Revocation provides an internal enforcement correction whereby transfers can be stopped or reversed where the grounds exist and are brought before the court.

Administrative enforcement and compliance

Administrative obligations such as certification, remittance of money, investigation of property complaints and forwarding documents are enforced by internal administrative processes. The Commissioner has express duties to investigate complaints about property (r 31(4)) and to notify the Minister where investigations are unsatisfactory (r 31(5)). The primary sanction for failure to comply with these duties would be administrative and legal review rather than an express penalty in the Regulations.
Cost allocation: r 25 allocates responsibility for costs of escort and transfer among the Territory, participating State or Commonwealth in specified factual permutations. The practical enforcement of cost sharing will be managed by intergovernmental billing and agreement rather than a statutory penalty mechanism in the Regulations.

Practical enforcement risks and uncertainties

The Regulations create multiple actors with documentary duties; enforcement of those duties relies on each actor complying with administrative processes. For example, the Commissioner must certify documents sent to corresponding Ministers (r 26) and retain documents received from participating States with warrant papers (r 27). Failure to do so would not attract a specified regulatory fine but could expose the agency to legal or review processes stemming from breach of procedural requirements in the Act or judicial review.
The Regulations delegate certification for trial transfers to the Crown Law Officer (r 13(2)). If certification is delayed or withheld, the circuit of custody and court processes may be stalled. There is no statutory short circuit or penalty for inaction in the Regulations themselves.

Interaction with criminal procedures

The Regulations expressly allow the Minister and courts to consider whether appeals or inquiries into a prisoner’s conviction or sentence are pending or resolved (r 6(3)(a)-(d)). This creates an administrative interface with criminal procedural safeguards rather than an enforcement mechanism. Where appeals are pending, transfers may be delayed or refused, which is an indirect enforcement effect on the prisoner’s mobility.

Explicit statutory cross-references

Prisoners (Interstate Transfer) Act 1983: The Regulations are subordinate to that Act and are constructed to implement its Part II-IV mechanisms. Many provisions reference specific sections of the Act: for example, r 4 is "for the purposes of section 5 of the Act," r 8 references section 8 of the Act, and orders and courts references align with sections 11-18 and Part IV of the Act (see numerous cross-references in the Schedule forms).
Sentencing Act 1995: The Regulations adopt the Sentencing Act concept of "non-parole period" by reference in r 3(1), thus tying how sentence and release calculations are articulated in attached statements (r 4(3)(a)).
Parole Act 1971: The Regulations define "Parole Board" by reference to that Act (r 3(1)), which may connect parole decision-making to transfer considerations where relevant material is included in reports to the Minister (r 6(1)).
Correctional Services Act 2014: The Regulations rely on the term "probation and parole officer" as defined in section 4 of that Act (r 3(1)), and this officer is required to give a detailed report and opinion on welfare transfer requests (r 4(3)(c)).
Transfer of Prisoners Act 1983 (Commonwealth): Forms indicate that transfers might be effected under the "interstate law" of a participating State or under the Commonwealth Transfer of Prisoners Act 1983 (Form 2(b)). The Regulations therefore operate in a federal environment and recognise multiple legislative bases for transfer.

Procedural intersections with courts and criminal procedure

Local Court and Supreme Court processes are incorporated: applications for transfer to be dealt with according to law must be lodged with the Local Court in quadruplicate (r 14(1)(b)-(c)); orders to bring prisoners before court are prescribed (r 15); the Supreme Court may review Local Court decisions and issue transfer orders (r 16(2)). These rules sit alongside normal criminal court procedures, meaning that transfer processes will interact with remand and warrant practices in the criminal jurisdiction.

Intergovernmental and administrative law interactions

Certification by a Crown Law Officer (r 13(2)) links corrections practice to the Attorney-General’s legal services, creating an interbranch interaction. Documents sent to corresponding Ministers in other jurisdictions must be certified by the Commissioner or a designee (r 26), which engages administrative law principles such as lawful authorisation, record-keeping and evidence for other jurisdictions to rely upon.
Cost allocation in r 25 interacts practically with budgets and intergovernmental agreements, including potential agreements "to the contrary" which the Regulation contemplates. This incentivises separate intergovernmental instruments or memoranda of understanding that could alter the default statutory allocation.

Property, money and prisoner rights statutes

Remission of prisoner money (r 32) interfaces with prison trust account practices and possibly with financial administration legislation because the Commissioner must remit money to the receiving prison and inform the person in writing of the remitted amount. The Regulations do not displace other statutory entitlements that prisoners may have in relation to property but set specific procedural duties around inspection, complaint and remittance (r 31-32).

Amendments and consequential changes in other statutes

The endnotes list several amending laws that altered the Regulations over time, including the Correctional Services (Related and Consequential Amendments) Act 2014 and Local Court (Repeals and Related Amendments) Act 2016. These amending Acts changed cross-references and definitions within the Regulations (Endnotes section and r 3 amendments). Practitioners must therefore read the Regulations together with the amending Acts for current cross-references and definitions.

What the Regulations do not do

The Regulations do not create or alter substantive sentencing law, nor do they prescribe parole outcomes. They do not create new criminal offences or penalty regimes; enforcement is effected through orders, warrants and administrative duties, not by creating new punishable offences within the Regulations themselves.

Practical implication

Users must approach the transfer process as a multi-actor, multi-instrument procedure that spans correctional law, criminal procedure and intergovernmental cooperation. Documents and certifications required under these Regulations will be used by courts and corresponding Ministers in other jurisdictions; compliance with form, certification and timing is therefore a material legal requirement when moving prisoners across borders.

The Regulations have been amended multiple times since their inception in 1984. The endnotes and "List of amendments" in the instrument provide the operative history and show both formal amendments and consequential changes. Key entries from the Endnotes are:

Original instrument: Prisoners (Interstate Transfer) Regulations (SL No. 57, 1984). Notified and commenced on 21 September 1984 (r 2 ties commencement to the Act).
Amendment: SL No. 2, 1992. Notified 12 February 1992; commenced 12 February 1992. This amending instrument altered multiple regulations including r 4, r 5, r 8, r 10, r 11, r 12 and many procedural provisions (see the "List of amendments" for the full list of targeted regulations).
Amendment: SL No. 39, 1996. Notified 7 August 1996; commenced 7 August 1996. The Schedule was substituted (sch sub No. 2, 1992; sch amd No. 39, 1996) thereby altering the forms in the Schedule.
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014). Assent 4 September 2014; commenced 9 September 2014. This amending Act changed definitions and cross-references (r 3 was amended by Act No. 27, 2014, s 57; many other regulations were amended by it as listed in the endnotes).
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016). Assent 6 April 2016; commenced 1 May 2016. This Act amended provisions that referenced Local Court processes, and r 13-16 and r 30 reflect amendments marked to have been made by Act No. 9, 2016 (see r 13-16 amd Act No. 9, 2016, s 160 and r 30 amd Act No. 9, 2016, s 160).
Statute Law Revisions Act 2018 (Act No. 10, 2018). Assent 23 May 2018; commenced 20 June 2018. This measure effected formal revisions and typographical or machinery corrections across the Regulations (Endnotes note these formal amendments).

General amendments and formal revisions

The instrument notes that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to rr 1, 3 and 30 and the Schedule (Endnotes, item 3). These are formal updates to language or cross-references.

Scope of amendments

The "List of amendments" in the Endnotes supplies detailed references tying amending instruments to specific numbered regulations (for example, r 4 amd No. 2, 1992, r 7; r 9 sub No. 2, 1992, r 3; rr 13-14 amd Act No. 27, 2014, s 57; Act No. 9, 2016, s 160).
Several amendments appear consequential: reforms to the Correctional Services Act 2014 and the Local Court Act required adjustments in wording and cross-references within these Regulations (e.g., definitions of probation and parole officer; court procedure references).

Practical consequence for practitioners

Because the Regulations are a technical implementing instrument, the pattern of amendments shows that changes in the broader correctional, court and legal services architecture (for example, the Correctional Services Act 2014 and Local Court reforms) have necessitated updates. Practitioners should read the current version in conjunction with those amending Acts and be alert to formal amending provisions that modify definition cross-references or the office holders prescribed for certification duties (for example, the Crown Law Officer role in r 13(2)).

Record keeping and historical drafting

The Schedule of forms has been the locus of several substantive formal changes (sch sub No. 2, 1992; sch amd No. 39, 1996), which affects the precise wording and layout of the Forms 1-12 that the Regulations require. Because procedural compliance depends on correct form usage (r 3(2)-(3)), changes to the Schedule can be operationally significant.

The Regulations and their Schedule do not name or cite judicial decisions. The text contains no reported cases or case citations. Consequently, there is no litigation history recorded within the instrument itself.

Procedural pathways that generate litigation risk or judicial involvement

Local Court and Supreme Court involvement: The Regulations create routes for judicial determinations and reviews. An application to the Local Court under section 12(1) of the Act must be in accordance with Form 5 and lodged in quadruplicate (r 14(1)). The Local Court can make an order under section 12(1) and those orders can be reviewed by the Supreme Court pursuant to section 14(6) of the Act (Form 8; r 16(2)). These provisions create natural litigation touchpoints where judicial decisions are made and, by implication, where judicial review of administrative decision-making may arise.
Revocation proceedings: Applications to revoke an order of transfer are to be made to the Local Court under Form 12 by prescribed officers (Commissioner, member within the Police Administration Act 1978 meaning, or a probation and parole officer; r 30). These revocation processes convert administrative disagreements into contested court proceedings.
Warrants and escape incidents in transit: The authority for return warrants when a person escapes or attempts escape in transit (Form 11; r 29(1)) will inevitably involve court or justice of the peace processes and can generate litigation around proper execution of transit custody and the validity of returns.

Areas likely to generate case law (but not present in the Regulations)

Judicial review of Ministerial discretion: r 6(3) explicitly preserves the Minister’s discretion under Part II of the Act. Courts are the forum to test whether a Minister’s exercise of discretion complied with legal requirements and natural justice. The Regulations define the material that informs the exercise but do not displace the potential for judicial review.
Compliance with procedural safeguards for property and money: r 31 sets out investigative obligations and reporting duties to prisoners prior to transfer. Failure to comply with these processes could be a basis for litigation challenging the lawfulness of a transfer where property or money disputes arise.
Interjurisdictional certification and reliance: r 26 requires certification of copies of orders by the Commissioner. Disputes over whether certification complied with the Regulations could give rise to litigation if a receiving jurisdiction relies on defective documentation.

What the absence of named cases means for practitioners

The Regulations themselves provide procedural mechanisms that invite judicial engagement. Even if this instrument does not list cases, matters arising under these procedures,especially contested ministerial decisions, revocation applications, alleged defects in certification, and property or money disputes,are likely to be litigated in the Local Court or Supreme Court under the Act rather than in reliance upon this Regulation's text alone. Practitioners should therefore expect that the practical law in this area will be developed through cases concerning the operation of the Act and the application of these Regulations rather than through precedent referenced in the Regulations.

Strict form compliance

Forms are mandatory and must be completed according to directions in the Schedule (r 3(2)-(3)). Failure to use the prescribed form or to file in the prescribed number of copies has immediate process consequences: e.g., applications to the Local Court must be lodged in quadruplicate (r 14(1)(b)-(c)) and Form 5 must be filed in quadruplicate. Administrative refusal or court rejection for defective filing is a risk if practitioners do not ensure exact compliance with the Schedule.

Timing traps

Prisoner comments on Attorney-General referrals: r 11(2) provides a 14-day window in which a prisoner may make comments after being informed of the substance of a request. Practitioners must act promptly to secure and forward comments, because failing to meet the 14-day window leaves the Minister and Attorney-General able to proceed without the prisoner’s inputs.
Repeated welfare requests: r 7 enables the Minister to refuse to entertain a repeated request made within 12 months unless there is a "substantial change in the circumstances". If counsel or an officer files repeated welfare requests without demonstrating material new facts, the Minister may decline to consider them, and that refusal is not an error under the Regulations.

Document assembly and confidentiality

Medical, psychiatric and psychological reports: r 6(1) enables the Commissioner to supply such reports to the Minister and requires that further information that may assist the Minister be included (r 6(2)). Practitioners should be attentive to privacy or confidentiality constraints and ensure that proper consents are in place; Form 1 contains wording authorising the supply of reports (Schedule, Form 1). Failure to secure prisoner consent or to follow statutory information-handling protocols could create administrative objections.

Cost allocation misunderstandings

The Table in r 25 allocates escort costs by reference to factual permutations. A common misconception will be to assume the Territory always bears cost for transfers outwards; in fact the Table divides responsibility, for instance allocating certain joint prisoner transfers to the Commonwealth. Absent a contrary agreement between the Minister and the corresponding Minister, the Table governs. Practitioners should confirm the factual circumstance and not assume cost neutrality.

Certification and prescribed officer

For trial transfers the Crown Law Officer is the prescribed officer to sign certificates under r 13(2). If a certificate is not signed by the Crown Law Officer or is signed by an incorrectly authorised person, a receiving jurisdiction may challenge the validity of the certificate or a court may require re-certification. Don’t substitute another officer without explicit authority.

Property inspection and unresolved complaints

The Regulations require the Commissioner to investigate property complaints and report results to the person before release (r 31(4)). If an investigation is not complete or the person is not satisfied, the Commissioner must notify the Minister as soon as practicable (r 31(5)). Transfers taking place before issues are addressed create litigation risk and administrative exposure for the Territory; practitioners must ensure that property complaints are handled and recorded in accordance with r 31 to avoid subsequent disputes.

Quadruplicate and triplicate filing requirements

Forms required for court processes (Form 5, Form 12) have specific multiplicitous filing requirements (r 14(1)(c) and Form 12 note). Failure to file the correct number of copies can delay hearings. Administrative staff must be instructed to produce the precise paper requirements.

Transit endorsement requirements

When the Commissioner receives a person in transit under an interstate transfer order, the Commissioner must endorse on the copy of the order the time and date of receipt and delivery (r 28). Missing these endorsements can complicate later accounting of custody periods and challenge proof of lawful custody during transit, especially where escape or complaints arise.

Assumptions about rights to transfer

The Regulations set procedural pathways but do not guarantee transfers. The Minister retains discretion to form opinions under Part II of the Act (r 6(3)). Counsel advising prisoners should not represent the existence of a right to transfer; instead advice should be that a properly documented request is required and that the Minister will exercise a discretion informed by specified reports.

Interplay with appeals and outstanding charges

r 6(3) allows the Minister to consider whether appeal periods have expired or appeals are final, and whether complaints or information alleging offences remain pending. A pending appeal or unfinalised complaint may justify refusal or delay of transfer. Practitioners must identify and document any pending proceedings in the Territory or other jurisdictions when preparing applications (Forms 1 and 3 explicitly ask about outstanding charges and appeals).

Stepwise compliance checklist for a welfare transfer (prisoner-initiated)

Form and signature: Ensure the prisoner completes and signs Form 1 (r 4(1); Schedule Form 1). Include explicit consent for reports to be shared as stated in the Form.
Routing: Forward the signed Form 1 to the Minister through the Commissioner of Correctional Services (r 4(2)).
Commissioner’s attachments: The Commissioner must prepare and attach:
- a statement of convictions and sentences in respect of the prisoner, including non-parole period and estimated release date (r 4(3)(a)); and
- a comprehensive report on the prisoner’s conduct and behaviour while in prison (r 4(3)(b)).
Probation and parole officer report: Ensure a copy is forwarded to a probation and parole officer with a request for:
- a detailed report on the request; and
- an expression of opinion on whether transfer would be in the prisoner’s interests (r 4(3)(c)(i)-(ii)). Confirm the officer’s report is returned to the Commissioner in a timely way.
Additional medical/psych reports: The Commissioner should identify whether medical, psychiatric or psychological reports are necessary and supply them to the Minister as permitted by r 6(1). Ensure prisoner consents are documented where required.
Ministerial submission: The Commissioner forwards the assembled package to the Minister for consideration (r 4(3)(d)). The Minister’s request to a corresponding Minister must include the prisoner’s request, the reports and a statement of matters on which the Minister's opinion is based (r 8(c)-(e)).
Timeliness and repeated requests: Be conscious of r 7; do not refile substantially similar requests within 12 months without new material demonstrating a substantial change in circumstances.
Certification and forwarding: If the Minister requests, ensure copies of orders and documents to corresponding Ministers are certified by the Commissioner or a designated person before transmission (r 26).

Stepwise compliance checklist for trial-transfer or transfer to be dealt with according to law

Prisoner request or external request: If the prisoner requests transfer to be dealt with according to law, use Form 3 (r 12(1)). If the Attorney-General of a participating State requests transfer, the Territory Attorney-General must follow processes under r 11.
Attorney-General procedures: Where the Attorney-General is considering an external request, inform the prisoner of the substance and solicit written comments within 14 days (r 11(1)(a)-(2)). Obtain from the Minister a report in the terms required by s 24(1)(c) of the Act (r 11(1)(b)).
Certificate of the prescribed officer: Ensure that the Crown Law Officer prepares and signs the certificate required under s 11(2) in accordance with Form 4 and forwards it to the Commissioner for court application (r 13(1)-(3)).
Court application: Make application to the Local Court under Form 5, lodged in quadruplicate and served on the prisoner and the Attorney-General (r 14(1)(b)-(c); r 14(2)). The application should attach the Crown Law Officer’s certificate and the arrest warrant (Form 5 content).
Order execution: If the Local Court issues a transfer order, it must be in the prescribed form (Form 7 for Local Court; r 16(1)). Ensure the Commissioner and escorts have the order and understand their duties under the form wording.
Review: If the Local Court’s decision is reviewed and the matter goes to the Supreme Court, prepare for Form 8 compliance and ensure the Supreme Court’s order is executed as directed (r 16(2)).

Property and money handling compliance

Pre-release inspection: Before release for escort, give the person an opportunity to inspect personal property and official records relating to any money (r 31(1)(a)-(b)). Record the inspection in writing.
Complaints process: If the person makes a complaint in writing about property condition or record mistakes, record the complaint and ensure it is delivered to the Commissioner or a prison officer who will promptly convey it to the Commissioner (r 31(2)-(3)).
Investigation: The Commissioner must investigate complaints or cause them to be investigated and report the result to the person before release for escort (r 31(4)(a)-(b)). Maintain a clear paper trail of investigations and outcomes.
Notification to Minister: If the person is not satisfied with the investigation or it is incomplete before release, the Commissioner must notify the Minister as soon as practicable (r 31(5)). Document the notification.
Remittance to receiving prison: All money in the Commissioner’s custody must be remitted to the person in charge of the receiving prison for credit to the person’s account and the person must be informed in writing of the remitted amount (r 32(1)-(2)). Obtain and retain receipts or acknowledgements where possible.

Transit, custody and endorsement compliance

Endorsement on transfer orders: For persons arriving in the Territory for transit, the Commissioner must endorse on the copy of the order the time and date of receipt and delivery (r 28). Keep that endorsed copy in custody records.
Escapes in transit: If a person escapes or attempts escape in transit, use Form 11 to issue a warrant ordering return to the participating State (r 29(1)). Ensure Justice of the Peace signature requirements and time limits are satisfied (Form 11 conditions).

Information exchange and certification compliance

Certification of copies: When sending copies of orders or documents to corresponding Ministers, certify copies as required under r 26. Use the designation authority if the Commissioner delegates this function.
Retention and forwarding of incoming documents: Documents sent by a corresponding Minister should be forwarded to the Commissioner and retained with the person’s warrant papers after completion of required actions (r 27). Maintain archival records tied to warrant papers.

Practical record-keeping and inter-agency liaison

Maintain electronic and hard-copy records showing chain of transmission, consents, certifying signatures and dates for every transfer-related document.
Confirm agency contact points in receiving jurisdictions and establish protocols for agreeing to cost allocations if an alternative to the r 25 Table is desired.
Where medical or psychological reports are to be used, obtain prisoner consent consistent with Form 1 and with any relevant privacy obligations.

Monitoring and audit points

Use the Commissioner’s investigative and reporting obligations under r 31 as an internal audit check. Ensure each complaint has a discrete file, and a Ministerial notification is created where investigations are incomplete or unsatisfactory.
Audit the certification and forwarding procedures under r 26 and r 13 to ensure that Crown Law Office and Commissioner signatures are properly authorised and recorded.

By following the prescribed forms, deadlines and report pathways and by creating robust internal records for certification, inspection, remittance and endorsement, agencies and practitioners will meet the procedural obligations that the Regulations impose.

PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984

Plain English Summary

Deep Dive

What it does

Current sections

PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984

Source text: opening excerpt

1 PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply