South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269VE

269VE—Transfer of persons from participating jurisdiction to South Australia

        (1)         A person who is subject to an interstate supervision order may be transferred to South Australia if—

            (a)         the transfer is permitted by or under a corresponding law in the participating jurisdiction in which the supervision order was made; and

            (b)         the South Australian Minister has agreed to the transfer and determined an interim disposition for the person.

        (2)         The South Australian Minister may agree to a transfer of a person to South Australia and determine an interim disposition if—

            (a)         the Chief Psychiatrist has certified in writing that the transfer is for the benefit of the person and there are facilities or services available for the custody, care or treatment of the person (as the case requires); and

            (b)         the South Australian Minister is satisfied that the transfer is necessary for the maintenance or re-establishment of family relationships or relationships with people who can assist in supporting the person; and

            (c)         the South Australian Minister is satisfied that—

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

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

        (3)         The interim dispositions that the South Australian Minister may determine under this section are—

            (a)         that the person be released on licence as if the person were subject to a Division 3A order releasing the person on licence subject to the conditions imposed by section 269NB(4) and any other conditions imposed by the Minister; or

            (b)         that the person be detained as if the person were subject to a supervision order under Division 4 committing the person to detention; or

            (c)         that the person be released on licence as if the person were subject to a supervision order under Division 4 releasing the person on licence subject to the conditions imposed by section 269O(1a) and any other conditions imposed by the Minister.

        (4)         On the transfer of a person to South Australia under this section—

            (a)         if the interim disposition is that the person be detained—the person is to be so detained; and

            (b)         if the interim disposition is that the person be released on licence—the person is taken to have been so released on licence under a Division 3A order or a supervision order made under Division 4.

        (5)         Nothing in this section is to be taken as requiring the South Australian Minister to agree to a transfer of a person to South Australia.