(1) The Minister may make an order to transfer a detainee if satisfied:
(a) it is appropriate in the circumstances for a detainee to serve his or her detention in a State; and
(b) the corresponding Minister of the relevant State will accept the detainee.
(2) The circumstances to which the Minister may have regard for subsection (1) include:
(a) the place or intended place of residence of responsible adults in respect of, or relatives of, the detainee; and
(b) the present and future education and employment of the detainee; and
(c) the medical and other needs of the detainee.
(3) In deciding whether to make an order under subsection (1) in relation to a detainee, the Minister may request any of the following to give specified information within the period specified in the request:
(a) the detainee;
(b) the parents of the detainee or responsible adults in respect of the detainee.
(4) The Minister must not make a transfer order in relation to a detainee unless the Minister is satisfied:
(a) the detainee has received independent legal advice and consents to the transfer; and
(b) there is no appeal pending under Part 7 in relation to the detainee and that the period for lodging an appeal has expired.
(5) The Minister may make a transfer order in relation to a detainee without the detainee's consent if:
(a) a responsible adult in respect of a detainee requests the Minister to transfer the detainee; and
(b) the Minister is satisfied it is in the best interests of the detainee.
(6) A decision to make, or refuse to make, a transfer order is not subject to appeal or review by a court or tribunal.