INTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY) BILL 2000 Second Reading Speech

Northern Territory Second Reading Speeches

INTERNATIONAL TRANSFER OF PRISONERS (NORTHERN TERRITORY) BILL 2000

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mr Deputy Speaker, I move that the bill be now read a second time.

The purpose of this bill is to give effect to the scheme for the transfer of prisoners between Australia and certain other countries in accordance with the Commonwealth International Transfer of Prisoners Act 1997, by enabling prisoners to be transferred to and from the Territory. The Commonwealth act contains most of the procedures for the transfer scheme to take effect.

The Northern Territory has agreed to enact complementary legislation to facilitate the Commonwealth scheme. This bill does not oblige the Northern Territory to accept or transfer any prisoner. It is an absolute requirement of the act that all transfers must be consensual, requiring the consent of the person to be transferred, the Commonwealth government and the state or territory government that will accept or transfer the prisoner. The government of the other country involved in the transfer must also consent.

To be transferred to Australia under the bill, a prisoner must be an Australian citizen or able to demonstrate community ties with a state or territory of Australia, and must be subject to imprisonment under a final order - that is, neither the sentence of the imprisonment nor the conviction may be appealed. A prisoner can only be transferred if at least 6 months of the sentence remains to be served.

In addition, ‘dual criminality’ must be established. This requires that the acts or omissions constituting the offence would, if they had occurred in Australia or the other country as appropriate, have constituted an offence in that country. The Commonwealth Attorney-General has the discretion to waive these requirements in appropriate cases.

Apart from providing a framework for general transfer of prisoners, the Commonwealth act also enables persons who have been convicted by certain international war crimes tribunals to be transferred to Australia to serve their sentences. The International War Crimes Tribunals Act 1995 enables Australia to assist and comply with requests from the tribunals, including the arrest and surrender of accused persons to the tribunals and other assistance such as the taking of evidence in Australia for tribunal purposes. Persons convicted by the tribunals are to serve their sentences in countries designated by the tribunals from a list of countries which have indicated to the Security Council their willingness to accept such prisoners. Australia’s acceptance of tribunal prisoners will be subject to the qualification that the prisoners have a connection with Australia. As with general transfers, the Northern Territory minister must consent to any transfer.

The legislation alone will not be sufficient to enable prisoners to be transferred to and from Australia. In addition to a number of administrative arrangements within Australia, transfer arrangements must be entered into with other countries. The basis of the scheme is that prisoners, other than tribunal prisoners, can only be transferred between Australia and ‘transfer countries’. The Commonwealth will proceed to make arrangements with other countries which will then be listed within regulations to the Commonwealth act as ‘transfer countries’.

The Northern Territory’s decision to enact this legislation is in response to the desire of the other states and the ACT to participate in the scheme. Each of the other states and the ACT has enacted legislation in substantially the same form. Unfortunately, until the Northern Territory passes similar legislation, the scheme is unable to operate in relation to any part of Australia.

I was advised by the Commonwealth Attorney-General that although a number of countries have signed bilateral transfer treaties, several key countries have refused to enter into transfer arrangements with Australia until all of the states and territories have enacted legislation. In addition, Australia’s ability to extradite persons to face charges in Australia was also threatened, as several countries require participation in the international transfer scheme as a prerequisite for extradition.

I introduce this bill so that the Territory will not frustrate the will of the parliaments of the other Australian states and territories. The decision to transfer a prisoner to or from the Territory will be made on a case-by-case basis. I can assure honourable members that should any application for transfer either into or out of the Territory be made, my government will give it very careful consideration. I commend the bill to honourable members.

Debate adjourned.

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