Part 2Corrections system
Establishment and operation of prisons: Transfer of prisoners
54Reasons for transfer
A prisoner may be transferred by the chief executive from one prison to another for 1 or more of the following reasons:
- to assist in reducing the likelihood of reoffending by the prisoner:
- to assist in facilitating the—
- rehabilitation of the prisoner; or
- reintegration of the prisoner into the community on his or her release:
- rehabilitation of the prisoner; or
- to place that prisoner in a prison closer to his or her family:
- to respond to the needs of that prisoner, as identified in the case management plan:
- to ensure the safety of that prisoner or any other person:
- to implement a change in the security classification of that prisoner:
- to provide medical or psychiatric care for that prisoner:
- to reduce the risk of self-harm by that prisoner if he or she is identified as being at risk:
- to reduce the risk to that prisoner if he or she is identified as being vulnerable to mistreatment by other prisoners:
- to grant a request by a prisoner for a transfer.
A prisoner may be transferred by the chief executive from one prison to another in order to ensure compliance with the requirements of this Act or any regulations made under this Act concerning—
- the separation of convicted prisoners from accused prisoners; or
- the separation of prisoners who are under a specified age from prisoners who are of or over that age.
A prisoner may be transferred by the chief executive from one prison (the first prison) to another prison—
- to restore or maintain the security and order of the first prison:
- to enable effective management of the national prisoner muster:
- to allow repairs or alterations at the first prison:
- in response to the closure or change of use of the first prison or part of that prison.
When considering whether to transfer a prisoner for 1 or more of the reasons set out in subsection (1) or when considering how a transfer for 1 or more of the reasons set out in subsection (2) or subsection (3) is to be effected, the chief executive must, as far as is reasonably practicable, have regard to—
- the desirability of providing the least restrictive environment for the prisoner that is consistent with the maintenance of public safety and the safety of staff members and other prisoners; and
- the need to facilitate the rehabilitation and reintegration of the prisoner into the community, taking into account the availability and location of appropriate services and programmes that will contribute to the achievement of those objectives; and
- the desirability of ensuring that the prisoner is detained at a location as close as is practicable to his or her family.
A decision by the chief executive to transfer a prisoner must be made in the prescribed manner.
Compare
- SR 2000/81 rr 35(1)(b), 36
Notes
- Section 54(1)(d): amended, on , by section 13 of the Corrections Amendment Act 2024 (2024 No 41).


