Prisoners (Interstate Transfer) Act 1983
Version No. 026
Prisoners (Interstate Transfer) Act 1983
No. 9881 of 1983
Version incorporating amendments as at 1 January 2010
table of provisions
SectionPage
1
SectionPage
Part I—Preliminary
1Short title
2Commencement
3Repealed
4Definitions
5Interpretation
6Corresponding courts and interstate laws
Part II—Transfer at Request of Prisoner
7Requests for, and orders of, transfer
8Effect of orders under this Part on joint prisoners
8AEffect of orders under this Part on transferred prisoners
9Repeated requests for transfer
10Receipt of request for transfer to Victoria
10AMatters to which Minister may have regard
11Reports
Part III—Transfer for Trial
12Request for transfer of prisoner to participating State
13Necessary consents
14Prisoner to be brought before Magistrates' Court
15Order of transfer
16Review of decision of Magistrates' Court
16AEffect of orders under this Part on joint prisoners
17Prisoner brought to be returned to custody
18Request for transfer of imprisoned person to Victoria
19Request by imprisoned person for transfer to Victoria
Part IV—Transfer Back to Original State or Territory
20Return of prisoner to participating State if no sentence or
shorter sentence in Victoria
21Effect of orders under this Part on joint prisoners
22Repealed
23Provisions ancillary to section 20
Part V—Effect of Order of Transfer
24Transfer in custody of escort
25Transfer of sentence with prisoner
26Information to be sent to the participating State
27Sentence deemed to have been imposed in this State
28Provisions relating to translated sentences
29Translated sentences—default imprisonment
Part VI—Miscellaneous
30Notification to prisoners of certain decisions
31Lawful custody for transit through Victoria
32Escape from custody of person being transferred
33Escape from custody—penalty
34Revocation of order of transfer on escape from custody
35Regulations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 026
Prisoners (Interstate Transfer) Act 1983
No. 9881 of 1983
Version incorporating amendments as at 1 January 2010
An Act relating to the Transfer interstate of Prisoners and for other purposes.
1
Prisoners (Interstate Transfer) Act 1983
No. 9881 of 1983
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
1Short title
This Act may be cited as the Prisoners (Interstate Transfer) Act 1983.
2Commencement
The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 3
repealed by No. 57/1989 s.3(Sch.
item 163.1).
*****
4Definitions
s. 4
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
arrest warrant means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, but does not include—
(a)such a warrant where the term of imprisonment which the person to be apprehended, arrested or committed under the warrant is liable to serve is default imprisonment; or
(b)a warrant to secure the attendance of a witness;
S. 4 def. of Attorney-General substituted by No. 16/1991 s.18(a).
Attorney-General, in relation to the Northern Territory, means the person holding Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, who is, under that Act, designated for the time being as the holder of the office of Attorney-General;
S. 4 def. of Australian Capital Territory inserted by No. 16/1991 s.18(a), repealed by No. 94/1994
s. 25(a).
*****
S. 4 def. of Common-wealth sentence of imprisonment inserted by No. 16/1991 s.18(a).
Commonwealth sentence of imprisonmentmeans a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory;
corresponding court of Victoria, in relation to a court of a participating State, means a court of Victoria that is, under an order in force under section 6(1), declared to be a corresponding court in relation to the court of the participating State;
S. 4 def. of corres-ponding Minister substituted by Nos 16/1991 s.18(b), 94/1994
s. 25(b).
corresponding Minister in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State;
S. 4 def. of default imprisonment amended by No. 49/1991 s.119(7)
(Sch. 4 item 16.1(a)(b)).
default imprisonment means imprisonment in default of—
(a)payment of any fine, penalty, costs or other sum of money of any kind imposed or ordered to be paid by any court, judge or justice;
S. 4 def. of gaoler amended by Nos 117/1986 s.6(Sch. 1 item 5(3)(a)), 16/1987
s.4(3)(Sch. 1 item 19(a)).
gaoler, in relation to a prison, means the governor of the prison appointed pursuant to Part 4 of the Corrections Act 1986;
S. 4 def. of governor repealed by No. 16/1991 s.18(c).
*****
s. 4
S. 4 def. of indeter-minate sentence amended by No. 16/1991 s.18(d).
indeterminate sentence means a sentence of or order or direction for imprisonment or detention for life or during the pleasure of Her Majesty or during the pleasure of the Governor-General, the Governor or the Governor of a participating State, and includes such a sentence, order or direction imposed made or given by, or by the operation of, an Act or other law;
S.4 def. of international prisoner insertedby No.67/1998 s.12(b).
international prisoner means a person serving a sentence of imprisonment in Australia in accordance with the International Transfer of Prisoners Act 1997 of the Commonwealth;
interstate law means a law that, under an order in force under section 6(1), is declared to be an interstate law for the purposes of this Act;
S. 4 def. of joint prisoner inserted by No. 16/1991 s.18(e), substituted by No. 94/1994
s. 25(c).
joint prisoner means a person on whom both—
s. 4
(a)any of the following—
(i)a State sentence of imprisonment; or
(ii)a State sentence of imprisonment as defined by an interstate law; or
(iii)an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or
(iv)a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory; and
(b)a Commonwealth sentence of imprisonment—
have been imposed;
justice means justice of the peace;
S. 4 def. of order of transfer amended by No. 16/1991 s.18(f).
order of transfer means an order issued under section 7, 15, 16(6) or 20 for the transfer of a prisoner to a participating State;
S. 4 def. of participating State substituted by Nos 16/1991 s.18(g), 94/1994
s. 25(d).
participating State means a State in which an interstate law is in force;
S. 4 def. of prison amended by Nos 10087 s.3(1)(Sch. 1 item 186), 117/1986 s.6(Sch. 1 item 5(3)(b)), 16/1987
s.4(3)(Sch. 1 item 19(a)).
prison means a prison to which Part 3 of the Corrections Act 1986 applies;
S. 4 def. of prison officer amended by No. 9966 s.23, substituted by No. 117/1986 s.6(Sch. 1 item 5(3)(c)).
prison officer means a prison officer appointed under Part 4 of the Corrections Act 1986;
s. 4
S. 4 def. of prisoner substituted by No. 16/1991 s.18(h).
prisoner means a State prisoner or a joint prisoner;
S. 4 def. of relevant security inserted by No. 16/1991 s.18(h).
relevant security,in relation to a person, means a security given by the person, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person's behaviour;
S. 4 def. of remission regulations substituted by No. 117/1986 s.6(Sch. 1 item 4(2)), repealed by No. 16/1991 s.18(i).
*****
S. 4 def. of section 27 sentence repealed by No. 16/1991 s.18(j).
*****
S. 4 def. of sentence of imprisonment amended by Nos 10260 s.114(Sch. 4 item 21), 16/1987
s.4(3)(Sch. 1 item 19(a)), substituted by Nos 16/1991 s.18(k)), 94/1994
s. 25(e), amendedby No.67/1998 s.12(a).
sentence of imprisonment means—
(a)a State sentence of imprisonment; or
(b)a State sentence of imprisonment as defined by interstate law; or
s. 4
(c)an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory; or
(d)a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory; or
(e)where relevant, a Commonwealth sentence of imprisonment; or
(f)a sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth;
S. 4 def. of State
inserted by No. 16/1991 s.18(l), amended by No. 94/1994
s. 25(f).
State includes the Australian Capital Territory the Northern Territory;
S. 4 def. of State prisoner inserted by No. 16/1991 s.18(l).
Stateprisoner means a person on whom a State sentence of imprisonment has been imposed, but does not include a person on whom a Commonwealth sentence of imprisonment has been imposed;
S. 4 def. of State sentence of imprisonment inserted by No. 16/1991 s.18(l), amended by No. 48/2006 s.42(Sch. item 29.1).
State sentence of imprisonment means a sentence of imprisonment for an offence against a law of Victoria (including a suspended sentence of imprisonment, a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence) but does not include such a sentence while it is being served—
(a)in a remand centre; or
(b)in a youth justice centre within the meaning of the Children, Youth and Families Act 2005; or
s. 4
(c)by detention imposed under any Act relating to the punishment of persons who committed offences when they were under the age of 18 years;
S. 4 def. of Territory inserted by No. 16/1991 s.18(l), substituted by No. 94/1994
s. 25(g).
Territory means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of the Cocos (Keeling) Islands or the JervisBayTerritory;
S. 4 def. of translated sentence inserted by No. 16/1991 s.18(l).
translated sentence means a sentence of imprisonment deemed by section 27 to have been imposed on a person by a court of Victoria;
S. 4 def. of Supreme Court repealed by No. 16/1991 s.18(l).
*****
5Interpretation
s. 5
(1)Where a justice of a participating State, in the exercise of his powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court.
(2)For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of a State or Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of that State or Territory.
S. 5(3) amended by No. 16/1991 s.19(a).
(3)A reference in this Act to an Act of the Commonwealth includes a reference to an Act amending or replacing that Act.
S. 5(4) inserted by No. 16/1991 s.19(b), substituted by No. 94/1994
s. 26.
(4)In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State.
S. 5(4A) inserted by No. 94/1994
s. 26.
(4A)In the case of the Australian Capital Territory—
(a)the reference in section 28(4) to the Governor of a participating State is a reference to the Governor-General; and
(b)the references in section 28(5)(b) to the Governor of a participating State are references to the Governor-General or to the Executive within the meaning of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
S. 5(4B) inserted by No. 94/1994
s. 26.
(4B)In the case of the Northern Territory, a reference in this Act to the Governor of a participating State is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising and performing all the powers and functions of the Administrator.
S. 5(4C) inserted by No. 94/1994
s. 26.
(4C)A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General.
S. 5(5) inserted by No. 16/1991 s.19(b).
(5)A reference in this Act to a person on whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence.
S. 5(6) inserted by No. 16/1991 s.19(b).
(6)The following persons on whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence—
s. 5
(a)a person—
(i)who has been released from serving a part of that sentence on parole or on licence to be at large; and
(ii)in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence;
(b)a person—
(i)whose sentence has been wholly or partly suspended; and
(ii)who, if the sentence is partly suspended, has been released from serving a part of the unsuspended part on parole or on licence to be at large; and
(iii)in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of that sentence;
(c)a person—
(i)who has been released from serving the whole or a part of that sentence on giving a relevant security; and
(ii)in respect of whom—
s. 5
(A)action can no longer be taken under a law of the Commonwealth, a State or a Territory in respect of a breach of a condition of that security; or
(B)action cannot, by reason of the expiration of the security, be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of that sentence;
(d)a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence.
S. 5(7) inserted by No. 16/1991 s.19(b).
(7)A reference in this Act to release on parole includes a reference to release on probation and to any other form of conditional release in the nature of parole.
6Corresponding courts and interstate laws
s. 6
(1)Subject to subsection (2), the Governor in Council may, by Order published in the Government Gazette, declare that—
S. 6(1)(a) amended by No. 16/1991 s.20(a).
(a)a law of a State (other than Victoria) is an interstate law for the purposes of this Act; and
(b)a specified court of Victoria or any court belonging to a specified class or description of courts of Victoria is, for the purposes of this Act, a corresponding court in relation to a specified court of a participating State or in relation to any court belonging to a specified class or description of courts of a participating State.
S. 6(2) amended by No. 16/1991 s.20(b).
(2)An Order shall not be made under subsection (1) in respect of a law of another State unless the Governor in Council is satisfied that that law substantially corresponds to the provisions of this Act and contains provisions that are referred to in this Act as provisions of an interstate law that correspond to specified provisions of this Act.
S. 6(3) repealed by No. 16/1991 s.20(c).
*****
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Pt 2 (Heading) amendedby No. 81/2005 s.4(a).
Part II—Transfer at Requestof Prisoner
S. 7 substituted by No. 16/1991 s.21.
7Requests for, and orders of, transfer
s. 7
(1)Where the Minister—
(a)receives a written request made by a State prisoner serving a sentence of imprisonment in Victoria for the transfer of the prisoner to a participating State or to a Territory; and
S. 7(1)(b) amendedby No. 81/2005 s.4(b).
(b)is of the opinion that the prisoner to whom the request relates should be transferred to the participating State or the Territory—
the Minister must—
(c)if the request is for the transfer of the prisoner to a participating State—give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State; and
(d)if the request is for the transfer of the prisoner to a Territory—give to the Attorney-General of the Commonwealth a written request asking the Attorney-General to consent to that transfer.
(2)Where the Minister—
(a)has—
(i)in respect of a request made by a State prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (1)(c); and
(ii)received from that Minister written notice of consent to the transfer of the prisoner to the participating State; or
(b)has—
(i)in respect of a request made by a State prisoner for a transfer to a Territory, given to the Attorney-General of the Commonwealth a written request under subsection (1)(d); and
(ii)received from the Attorney-General of the Commonwealth written notice of consent to the transfer of the prisoner to the Territory—
the Minister may issue an order for the transfer of the prisoner to the participating State or the Territory, as the case may be.
(3)Where the Minister—
s. 7
(a)receives a written request made by a joint prisoner serving a sentence of imprisonment in Victoria for the transfer of the prisoner to a participating State; and
S. 7(3)(b) amendedby No. 81/2005 s.4(b).
(b)is of the opinion that the prisoner to whom the request relates should be transferred to the participating State—
the Minister must give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to that participating State.
(4)Where the Minister has—
(a)in respect of a request by a joint prisoner for a transfer to a participating State, given to the corresponding Minister of the participating State a written request under subsection (3); and
(b)received from that Minister written notice of consent to the transfer of the prisoner to the participating State—
the Minister may issue an order for the transfer of the prisoner to the participating State.
(5)Where a joint prisoner is serving a sentence of imprisonment in Victoria and the Minister—
(a)receives a written request made by the prisoner for the transfer of the prisoner to a Territory; and
S. 7(5)(b) amendedby No. 81/2005 s.4(b).
(b)is of the opinion that the prisoner to whom the request relates should be transferred to the Territory—
the Minister may issue an order for the transfer of the prisoner to the Territory.
S.7(5A) insertedby No.67/1998 s.13.
(5A)Where the Minister—
s. 7
(a)receives a written request made by an international prisoner serving a sentence of imprisonment in this State for the transfer of the prisoner to a participating State; and
S. 7(5A)(b) amendedby No. 81/2005 s.4(b).
(b)is of the opinion that the prisoner to whom the request relates should be transferred to the participating State—
the Minister is to give to the corresponding Minister of the participating State a written request asking that Minister to accept the transfer of the prisoner to the participating State.
S.7(5B) insertedby No.67/1998 s.13.
(5B)Where an international prisoner is serving a sentence of imprisonment in this State and the Minister—
(a)receives a written request made by the prisoner for the transfer of the prisoner to a Territory; and
S. 7(5B)(b) amendedby No. 81/2005 s.4(b).
(b)is of the opinion that the prisoner to whom the request relates should be transferred to the Territory—
the Minister may issue an order for the transfer of the prisoner to the Territory.
(6)A decision to issue, or not to issue, an order under this section is not reviewable by a court or tribunal.
S. 8 substituted by No. 16/1991 s.21.
8Effect of orders under this Part on joint prisoners
s. 8
An order of transfer issued under this Part in relation to a joint prisoner has no effect—
(a)to the extent that, but for this section, it authorises or requires the doing of an act or thing under this Act in relation to that person in the person's capacity as a person on whom a Commonwealth sentence of imprisonment has been imposed; and
(b)unless and until a transfer order corresponding to the order of transfer is in force under the Transfer of Prisoners Act 1983 of the Commonwealth in respect of the person or the transfer of the person is otherwise authorised under that Act.
S.8A insertedby No.67/1998 s.14.
8AEffect of orders under this Part on transferred prisoners
s. 8A
An order of transfer issued under this Part in relation to an international prisoner has no effect—
(a)to the extent that, but for this section, it authorises or requires the doing of an act or thing under this Act in relation to that person in the person's capacity as a prisoner serving a sentence of imprisonment in accordance with the International Transfer of Prisoners Act 1997 of the Commonwealth; and
(b)unless and until a transfer order corresponding to the order of transfer is in force under the Transfer of Prisoners Act 1983 of the Commonwealth or the transfer is otherwise authorised under that Act.
S. 9
amended by No. 16/1991 s.22.
9Repeated requests for transfer
A request made by a prisoner for his transfer to a participating State or to a Territory need not be entertained by the Minister if it is made within one year of a similar request made by the prisoner.