Prisoner transfers to Australia
What are the requirements for a transfer from another country to Australia?
A prisoner will be able to apply for a transfer from a foreign country to Australia if:
- a prisoner transfer arrangement is in place between Australia and the foreign country from which the prisoner wishes to transfer and
- the prisoner is either: an Australian citizen; or permitted to travel to, enter and remain in Australia indefinitely under the Migration Act 1958 has community ties with an Australian State or Territory and
- the acts or omissions constituting the offence for which the prisoner is serving the sentence in the foreign country would, if the acts or omissions had occurred in Australia , have been an offence in Australia ; and
- at least 6 months of the prisoner's sentence (including any parole period) remains to be served.
See sections 13 and 15 and Part 4 of the International Transfer of Prisoners Act 1997 for information about the enforcement of sentences after transfer to Australia.
The requirements for each case will depend on the terms and conditions set out in the international transfer agreement between Australia and the foreign country and the domestic legislation of the foreign country and Australia .
What are "community ties" with an Australian State or Territory?
A prisoner imprisoned in a foreign country will have "community ties" with an Australian State or Territory if:
- the prisoner's principal place of residence immediately before being sentenced to imprisonment in the foreign country was in that State or Territory; or
- the prisoner's parent, grandparent or child has a principal place of residence in that State or Territory; or
- the prisoner is married to, or has a de facto relationship with a person whose principal place of residence is in that State or Territory; or
- the prisoner has a close continuing relationship (involving frequent written or personal contact and a personal interest in the other person's welfare) with a person whose principal place of residence is in that State or Territory.
See subsection 4(5) of the International Transfer of Prisoners Act 1997 for information about "community ties" with Australia .
How will transferring to Australia affect a prisoner's sentence?
- Transferred prisoners will be treated as Federal prisoners for the purpose of sentence enforcement.
- As a general rule, the sentence imposed by the foreign country will not change. A harsher sentence cannot be imposed by Australia .
- The aim of the scheme is to allow the foreign sentence to be served in Australia , not for a new Australian sentence to be substituted for the foreign sentence.
- Prisoners will not be able to apply to have their sentence reduced once they are in Australia on the basis that an Australian court would have imposed a lesser sentence for the same crime. However, Australian parole and remission conditions may apply.
- A transfer will only occur if the prisoner has understood and has agreed to the way in which the foreign sentence will be enforced in Australia . The sending country and Australia must also agree.
See Part 6 of the International Transfer of Prisoners Act 1997 for information about the enforcement of sentences.
Will prisoners be required to pay for their transfer?
Prisoners transferring to Australia may be asked to pay all or part of the costs involved with their transfer, if the relevant State or Territory Minister considers that the prisoner is in a position to do so. This may be sought before a transfer takes place, or the State or Territory Minister may make the reimbursement of costs a condition of the transfer.
Cost arrangements must be finalised and agreed to by the prisoner, or the prisoner's representative, before State or Territory consent may be given to the transfer.
Can prisoners with an indeterminate sentence be transferred to Australia?
Prisoners with an indeterminate sentence can be transferred to Australia . As far as possible, the terms affecting the nature and duration of the sentence will be similar to those imposed by the transfer country or Tribunal.
