Prisoners (Interstate Transfer) Regulations 2023
11Request for transfer of prisoner to participating State
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11 Request for transfer of prisoner to participating State
(1) For the purposes of considering a request referred to in section 10(1)(a) or (b) of the Act, the Attorney-General may (through the Minister if the Attorney-General is not also the Minister) –
(a) cause a report to be prepared on the prisoner in the same terms as a report that would be required to be sent under section 24(1)(c) of the Act if the prisoner were conveyed to the participating State; and
(b) in the case of a request under section 10(1)(a) , advise the prisoner of the substance of the request and seek the prisoner’s comments on it.
(2) If a prisoner has been advised, under subregulation (1)(b) , of the substance of the request under section 10(1)(a) –
(a) the prisoner is to –
(i) put the prisoner’s comments on the request, if any, in writing; and
(ii) give them to the gaoler of the prison where the prisoner is being detained, within 14 days after being advised of the request; and
(b) the gaoler must (through the Minister if the Attorney-General is not also the Minister) forward the prisoner’s comments to the Attorney-General as soon as practicable.
(3) The Attorney-General, if the Attorney-General consents to a prisoner’s request, is to ensure that, in addition to the notice of consent, the Attorney-General of the participating State is given a copy of –
(a) the prisoner’s request; and
(b) the report referred to in subregulation (1)(a) on the prisoner.