150Transfer arrangement for transfer out of Tasmania

150 Transfer arrangement for transfer out of Tasmania

(1)  The Secretary must not make a transfer arrangement for the transfer of an offender from Tasmania to another State unless –

(a) the offender or a guardian of the offender applies for the transfer to be made; and

(b) the Secretary is of the opinion that the transfer is appropriate in all the circumstances, including –

(i) the place or intended place of residence of the guardian; and

(ii) the education, training or employment of the offender; and

(iii) the medical or other needs of the offender; and

(c) the offender has been given independent legal advice as to the effect of the proposed transfer arrangement and consents to it; and

(d) the Secretary is satisfied that there is no appeal pending against an order of a court to which the offender is subject.

(2)  For the purposes of deciding whether to make a transfer arrangement transferring an offender from Tasmania to another State, the Secretary may ask the offender, or the guardian of the offender, for any necessary information.