Prisoners (Interstate Transfer) Regulations 2023 (Tas)

Prisoners (Interstate Transfer) Regulations 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Prisoners (Interstate Transfer) Act 1982 .

20 November 2023

B. BAKER

Governor

By Her Excellency's Command,

M. OGILVIE

Minister for Corrections and Rehabilitation

PART 1 - Preliminary

1. Short title These regulations may be cited as the Prisoners (Interstate Transfer) Regulations 2023 .

2. Commencement These regulations take effect on 18 December 2023.

3. Interpretation In these regulations – Act means the Prisoners (Interstate Transfer) Act 1982 ; prisoner's request means a request of the kind referred to in section 5(1)(a) of the Act; Secretary means Secretary of the Department.

PART 2 - Transfer for prisoner's welfare

4. How prisoner may make request for transfer (1) A prisoner's request is to – (a) be signed by the prisoner; and (b) include a statement as to – (i) family or other social circumstances that may advance the prisoner's welfare before or after the prisoner's release; and (ii) family or other support in the relevant participating State, including the availability of accommodation after the prisoner's release; and (iii) the prisoner's prospects of finding work after the prisoner's release; and (iv) any medical reasons that support the request; and (v) any other matter that the prisoner considers may support the application. (2) The prisoner is to give the request to the gaoler of the prison where the prisoner is being detained.

5. Gaoler to process request for transfer As soon as practicable after receiving a prisoner's request, a gaoler must – (a) prepare a report containing – (i) a statement of the convictions and sentences for which the prisoner is being detained in custody; and (ii) a statement of the prisoner's parole and remissions status and the estimated day of the prisoner's release (by remission); and (iii) an assessment of the prisoner's conduct and behaviour while in prison; and (b) forward the request and the report prepared under paragraph (a) to the Secretary.