Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 222

    (1)     This section applies if the Minister—

        (a)     receives a written request by an ACT prisoner or joint prisoner serving a sentence of imprisonment in the ACT for the prisoner's transfer to a participating state; and

        (b)     considers that the prisoner should be transferred to the participating state in the interests of the prisoner's welfare.

    (2)     The Minister must give the corresponding Minister of the participating state a written request asking the Minister to accept the transfer of the prisoner to the participating state.

    (3)     The Minister may issue an order for the transfer of the prisoner to the participating state if the Minister receives from the corresponding Minister written notice of consent to the transfer of the prisoner to the participating state.

    (4)     In deciding whether the prisoner should be transferred to the participating state, the Minister must primarily have regard to the welfare of the prisoner.

    (5)     However, the Minister may also have regard to anything else the Minister considers relevant, including—

        (a)     the administration of justice; and

        (b)     the security of a prison to which the prisoner might be transferred; and

        (c)     the security, safety and welfare of prisoners in that prison; and

        (d)     the security, safety and welfare of the community.

    (6)     If the Minister decides not to issue an order for the transfer of the prisoner, the Minister must give the prisoner a written statement of the Minister's reasons for the decision.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.