Page 2212 - Week 07 - Thursday, 17 June 1993
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AN A.C.T. PRISONER MAY MAKE A REQUEST TO BE TRANSFERRED
INTERSTATE FOR WELFARE REASONS. ALSO, A PRISONER IN ANOTHER STATE MAY LIKEWISE REQUEST TO BE TRANSFERRED TO THE A.C.T.
A PRISONER MAY SEEK A TRANSFER FOR WELFARE REASONS BECAUSE THE PRISONER WANTS TO BE IN A PRISON WHERE THE PRISONERS FAMILY MEMBERS OR CLOSE RELATIVES ARE ABLE TO VISIT HIM OR HER. IN SOME CASES A PRISONER MAY SEEK A TRANSFER BECAUSE HE OR SHE FEARS FOR HIS OR HER SAFETY IN THE PRISON IN WHICH HE OR SHE IS CURRENTLY LOCATED. THE BILL ALLOWS A PRISONER TO REQUEST A TRANSFER ON ANY MUM GROUNDS THAT WOULD SATISFY ME AS THE RESPONSIBLE MINISTER THAT A TRANSFER OF THE PRISONER IS IN THE INTERESTS OF HIS OR HER WELFARE. _ .
WHERE I AS MINISTER AGREE TO A PRISONERS REQUEST FOR A WELFARE TRANSFER; I WILL ORDER THE TRANSFER OF THE PRISONER. BEFORE MAKING THE TRANSFER ORDER, I WILL SEEK THE CONSENT OF THE CORRESPONDING MINISTER OF THE JURISDICTION TO WHICH THE TRANSFER IS SOUGHT.
A TRANSFER DECISION IS NOT JUST A MATTER FOR THE A.C.T. MINISTER TO DETERMINE - THE A.C.T. MUST OBTAIN THE CONSENT OF THE OTHER STATE WHICH MAY BE AFFECTED BY CONSIDERATIONS RELATING TO PRISON CAPACff Y AND THE NATURE OF OFFENCES FOR WHICH A PRISONER IS SERVING A SENTENCE.
THE BILL ENABLES AN A.C.T. PRISONER WHO IS THE SUBJECT OF AN ARREST WARRANT UNDER A STATE LAW, TO BE TRANSFERRED TO THAT STATE TO STAND TRIAL IN A COURT IN THAT STATE. AS ATTORNEY GENERAI, MY CONSENT WILL BE NECESSARY FOR ANY TRANSFER OF A PRISONER FOR THIS PURPOSE.
IN ADDITION TO MY CONSENT, THE BILL REQUIRES AN ORDER TO BE MADE BY THE MAGISTRATES COURT BEFORE THE TRANSFER IS EFFECTED. THE BILL EMPOWERS THE COURT TO REFUSE TO MAKE THE ORDER IF THE PRISONER SATISFIES THE COURT THAT (A) THE TRANSFER ORDER WOULD BE HARSH, OPPRESSIVE OR NOT IN THE INTERESTS OF
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