This is an appeal from the judgment of the Chief Justice of the Supreme Court of the Australian Capital Territory setting aside a decision of the appellant, the Attorney-General for the Australian Capital Territory, and ordering that the Attorney-General exercise a discretion given to him by the Pri
The application to his Honour was made under provisions of the Administrative Decisions (Judicial Review) Act 1989
The relevant Commonwealth Act which was the operative Act in respective of transfers to and from the Australian Capital Territory until 1993, was the Transfer of Prisoners Act 1983
In 1993 the Australian Capital Territory passed the Prisoners (Interstate Transfer) Act 1993
Pursuant to the Removal of Prisoners Act 1968
As the ACT does not presently have a prison, the ACT is not able to fully participate in the transfer scheme for which the Prisoners (Interstate Transfer) Act 1993