COMMONWEALTH OF AUSTRALIA TRANSFER OF PRISONERS ACT 1983 APPLICATION FOR WELFARE TRANSFER ORDER

Transcription

1 COMMONWEALTH OF AUSTRALIA TRANSFER OF PRISONERS ACT 1983 APPLICATION FOR WELFARE TRANSFER ORDER GENERAL INFORMATION What is a Welfare Transfer? A welfare transfer allows a prisoner to transfer from a State or Territory to another on welfare grounds. Under subsection 6(1) of the Transfer of Prisoners Act 1983 the Attorney-General or their delegate is permitted to make an order for the transfer of a federal prisoner from one State or Territory to another. What is considered by the Attorney-General or their delegate when making a Welfare Transfer Order? In the past, applications for welfare transfer have been approved where the prisoner has family or community support in the receiving State, or where the transfer would assist the prisoner to prepare for his or her release. Regulation 4 of the Transfer of Prisoners Regulations (below) provides a guide as to what information you are required to include in your application and the type of information that will be considered by the Attorney-General. Regulation 4 of the Transfer of Prisoners Regulations provides that a prisoner's application shall include statements as to- (a) family or near family support in the State or Territory to which the prisoner seeks to be transferred, including the availability of accommodation upon the prisoner's release from prison; (b) family or other social circumstances that may benefit the welfare of the prisoner either during imprisonment or following release from prison; (c) medical reasons (if any) in support of the request; (d) prospects of employment following release from prison; and (e) any other matters which the prisoner wishes to put forward in support of the application. 1 of 6

2 What is the process for a Welfare Transfer? The welfare transfer process can be a lengthy process as a number of State and/or Territory agencies are involved. The Department requires an offender to submit a completed application form with all supporting documents attached to justify their request for transfer. The offender s application must be forwarded to the Attorney-General s Department by the interstate transfer officer in the offender s respective state or territory. The interstate transfer officer must attach a welfare report prior to sending the offender s application to the Attorney-General s Department. Please contact correctional staff for advice on forwarding an application to the interstate transfer officer in the relevant State or Territory. Federal offender The Attorney-General or their delegate will seek the consent of the prospective receiving Minister for Corrective Services in the appropriate State and/or Territory. Should the Minister in the relevant State and/or Territory consent to the transfer, the Attorney-General or their delegate is required to authorize the transfer by signing a welfare transfer order. Once the welfare transfer order has been received by the releasing State or Territory, it will be a matter for the relevant States and/or Territories to make the physical transfer arrangements. Federal and State offender If the offender is a joint Federal and State offender, the Attorney-General or their delegate will seek the consent of the both releasing and receiving Ministers for Corrective Services in the appropriate State and/or Territory. Should both the Ministers in the relevant State and/or Territory consent to the transfer, the Attorney-General or their delegate is required to authorize the transfer by signing a welfare transfer order. Once the welfare transfer order has been received by the releasing State or Territory, it will be a matter for the relevant States and/or Territories to make the physical transfer arrangements. Unfortunately, as many of the steps in the approval process are beyond the control of the Attorney-General s Department, an estimated timeframe for completion of the process cannot be provided. Issues that may prevent an application from being processed If the offender has an appeal pending, for example, the offender is appealing against their conviction and/or the length of their sentence, the offender s application for welfare transfer cannot be progressed until an outcome of the appeal has been received. Once the outcome of the offender s appeal is known and the Department has been notified, the offender s application will be processed. An application for transfer cannot be processed until all documentation has been received. Failure to complete the application form and attach supporting documentation, will delay the processing of this application. 2 of 6

3 How do I apply? Once the offender has completed an application form and attached all supporting documentation, please provide the application to the interstate transfer officer. The interstate transfer officer will be required to attach a welfare report to the offender s application before submitting it to the Attorney-General s Department. For any queries, please write to: Principal Legal Officer Federal Offenders Unit Attorney-General s Department 3-5 National Circuit BARTON ACT of 6

4 APPLICATION FORM I, (full name and aliases by which known).., currently a prisoner held at (name of prison)... in (State or Territory)., hereby apply, in the interests of my welfare, for the making of an order for my transfer to (State or Territory). to serve the balance of my sentence(s). (The following questions are to be answered by the prisoner) Question: Has any appeal been lodged against the prisoner's conviction or sentence? Answer: Question: If so, has the appeal been determined? Please provide details. Answer: Question: Is there any outstanding charge, complaint or information against you under the law of the Commonwealth, of a State or of a Territory that is yet to be dealt with? Provide details. Answer:.... Question: Has there been any petition for, or is there pending, any inquiry into your conviction or sentence? Answer:... 4 of 6

5 REASONS FOR TRANSFER Regulation 4 of the Transfer of Prisoners Regulations provides that statements in support of prisoner's application shall include statements of the following: (a) (b) (c) (d) (e) family or near family support in the State or Territory to which the prisoner seeks to be transferred, including the availability of accommodation upon the prisoner s release from prison; family or other social circumstances that may benefit the welfare of the prisoner either during imprisonment or following release from prison; medical reasons (if any) in support of the request; prospects of employment following release from prison; any other matters which the prisoner wishes to put forward in support of the application. This application is made on the following grounds: (See regulation 4 of the Transfer of Prisoners Regulations, printed above) [If there is insufficient space for you to provide details, please attach additional sheets]. 5 of 6

6 For the purposes of this application, I (full name) consent to any reports, assessments or other information obtained or supplied in respect of me being sent to the appropriate Minister in (State). (Not applicable to transfer to a Territory.) I understand that, upon transfer- (a) the sentence(s) of imprisonment imposed upon me in (State or Territory where imprisoned) shall be deemed to have been imposed upon me in (State or Territory to which transfer is sought); (b) I will be subject to the provisions of any rules, regulations, applying to prisoners in that State ( or Territory) ; and (c) I may be subject to reclassification under those provisions. Signed: Date: 6 of 6