David Shoebridge (NSW, Australian Greens) Share this | Hansard source

I'm now in receipt of the amendment proposed by Senator Thorpe. Although I think we've moved beyond that, with your indulgence, I will just move it, to put it on the record. At the request of Senator Thorpe, I move amendment (1) on sheet 2095:

(1) Schedule 6, page 20 (after line 11), after item 10, insert:

10A Section 52

Repeal the section, substitute:

52 Prisoner and prisoner's representative to be kept informed

(1) The Attorney-General must arrange for a prisoner or prisoner's representative to be kept informed of the progress of:

(a) any application made under section 16; or

(b) any request made under section 24 or 33;

for the transfer of prisoner.

(2) If an adverse decision is made in respect of an application made under section 16 or a request made under section 24 or 33, the Attorney-General must provide the prisoner or prisoner's representative with a written statement of reasons:

(a) setting out the factors taken into account by the decision-maker; and

(b) informing the prisoner of their right to a review of the decision.

I note that this amendment would do two key things when it comes to international prisoner transfer. The first is to require the Attorney-General to keep the prisoner or the prisoner's representative informed of the progress of an application made for international transfer, and that seems entirely appropriate. The manner in which that could be done obviously would be open to the Attorney, but having that process to keep the prisoner informed seems a meritorious amendment.

The second is that, where an adverse decision is made in respect of an application, the Attorney-General would be required to provide the prisoner or their representative with a statement of reasons setting out the factors taken into account by the decision-maker and then informing the prisoner of the review of the decision. Again, providing that requirement to issue a written statement articulating the factors taken into account and advising of review rights seems a meritorious amendment. On behalf of the Greens, and noting that they were drafted and put before the house by Senator Thorpe, I move and support the amendment.