South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269VD

269VD—Transfer of persons from South Australia to another participating jurisdiction

        (1)         A person who is subject to a supervision order may be transferred to a participating jurisdiction if—

            (a)         the transfer is permitted under a corresponding law in that participating jurisdiction; and

            (b)         the South Australian Minister makes an order under this section authorising the transfer.

        (2)         The South Australian Minister may make an order under this section authorising a transfer if—

            (a)         the Chief Psychiatrist has certified in writing that the transfer is for the benefit of the person subject to the supervision order; and

            (b)         the South Australian Minister is satisfied that the transfer is permitted under a corresponding law in the participating jurisdiction; and

            (c)         the South Australian Minister is satisfied that—

                  (i)         the person subject to the order has given informed consent to the transfer; or

                  (ii)         if the person is incapable of giving informed consent—his or her guardian has given informed consent to the transfer.

        (3)         On the transfer of a person from South Australia in accordance with an order under this section, the supervision order to which the person is subject is in force only if the person returns to South Australia and while the person is in South Australia.