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
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