General information
When will Australia's International Transfer of Prisoners scheme start?
Agreement with Thailand
The Agreement between the Government of Australia and the Government of the Kingdom of Thailand on the Transfer of Offenders and Co-operation in the Enforcement of Penal Sentences entered into force on 26 September 2002 . This agreement was Australia 's first bilateral treaty allowing for the transfer of prisoners and signalled the commencement of the International Transfer of Prisoners scheme in Australia .
Council of Europe Convention
Australia has also acceded to the Council of Europe Convention on the Transfer of Setenced Persons. This is the principal multilateral instrument dealing with the transfer of prisoners. The Convention came into force for Australia on 1 January 2003 . The Convention will allow transfers between Australia and the 50 other countries which are parties to the Convention.
What will Australia 's International Transfer of Prisoners scheme do?
The scheme will allow Australians who are imprisoned in countries which are participants in the scheme to apply to return to Australia to serve the remainder of their sentences in an Australian prison.
The scheme will also allow foreign prisoners who are imprisoned in Australia to apply to serve their sentences in a foreign country (a country of which they are a national, or with which they have community ties), provided that country is a participant in the scheme.
Persons who are imprisoned by decisions of Tribunals, such as the former Yugoslavia Tribunal and the Rwanda Tribunal, will also be eligible to participate in the scheme.
Who will be able to apply for a transfer?
- Foreign nationals imprisoned in Australia .
- Prisoners in Australia who have "community ties" to a foreign country.
- Australian citizens or permanent residents under the Migration Act 1958 who are imprisoned overseas and have "community ties" to an Australian State or Territory.
See sections 12 and 13 of the International Transfer of Prisoners Act 1997 for information about basic eligibility requirements for applicants.
Can prisoners be forced to transfer to another country?
No. The scheme is entirely consent based. This means that transfers will only be able to take place with the consent of the prisoner, the sending country and the receiving country.
In the case of Tribunal prisoners, the Attorney-General may decide that the prisoner's consent is not needed.
See section 6 & 11(b) of the International Transfer of Prisoners Act 1997 for information about prisoner consent requirements.
Will prisoners be able to apply to transfer to any country?
Transfers will be able to take place between Australia and countries with which Australia has an international prisoner transfer agreement. Transfers will be possible between Australia and the countries which are parties to the Council of Europe Convention, and between Australia and Thailand . Other countries may become parties to the scheme in the future.
Can prisoners apply for a transfer to (or from) countries other than those mentioned above?
No. Transfers will only be possible between Australia and those countries with which Australia has an international prisoner transfer agreement, that is, between Australia and the countries which are parties to the Council of Europe Convention and between Australia and Thailand .
Can prisoners transfer to (or from) New Zealand ?
No. New Zealand is not a participant in the International Transfer of Prisoners scheme.