Corrective Services NSW
Offender Classification & Case Management
Policy & Procedures Manual
16.6 – INTERNATIONAL TRANSFER OF INMATES
TABLE OF CONTENTS
16.6.
International Transfer of Inmates ................................................................................................... 2
16.6.1.
Legislation / Policy ......................................................................................................................... 2
16.6.2.
Background .................................................................................................................................... 2
16.6.3.
Foreign Nationals ........................................................................................................................... 2
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Chapter 16.6 – International Transfer of Inmates
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16.6.
International Transfer of Inmates
16.6.1. Legislation/ / Policy

Custodial Corrections Operations Procedures Manual (CCOPM) (refer to section 6.8.4.2)

Sentence Administration Manual (refer to section 5.11.2)
16.6.2. Background
The International Transfer of Prisoners Scheme in Australia is administered by the Federal Attorney
Generals Department in Canberra (phone 6141 3317 or contact via email at [email protected]).
In NSW the scheme is administered by the CSNSW, Sentence Administration Branch. International transfer
procedures and forms, including a hyperlink to the Federal AG’s website on International transfers, is
available on CSNSW Internet, under Forms and Templates>>Sentence Administration Forms.
The international transfer process is included in S5.11.2 of the Sentence Administration Manual and S6.8.4.2
of the Custodial Corrections Operations Procedures Manual (CCOPM).
Upon reception and screening, inmate’s identified as foreign nationals should be informed that they may
contact their relevant Embassy or Consulate using the appropriate form. Inmates should also be informed of
the other option to serving their sentence in NSW, is to serve the balance of their sentence in a participating
country under the International Transfer of Prisoners Scheme.
Information about applying for an international transfer under the International Transfer of Prisoners Act,
1997 (Commonwealth) and International Transfer of Prisoners Scheme (including a hyperlink to the
Commonwealth Attorney General’s website for further information and current application forms) and a full
list of participating countries can be found on CSNSW Intranet under Forms & Templates>>Sentence
Administration Forms>>Procedures>>International Transfer of Inmates.
Application forms are also available of CSNSW Intranet under Forms & Templates>>Sentence
Administration Forms>>Transfer of Inmates Application Forms>>International Transfer of Inmates.
Upon completion of the application forms, with any assistance by their Welfare Officers, those forms are then
to be forwarded directly to:
First Assistant Secretary
International Crime Cooperation Division (International Transfer of Prisoners) Australian Government
Attorney-General’s Department
Robert Garran offices
3-5 National Circuit
Barton ACT 2600
16.6.3. Foreign Nationals
When an inmate is first received into custody, they must be asked if they are an Australian citizen. This
question is included in the Inmate Identification and Observation Form completed in Court Cells. If the
inmate is a foreign national, they must be asked if they want their country’s embassy or consulate to be
informed of their detention, this will occur as part of the Screening process when inmates arrive at a
Correctional Centre. Special obligations exist for Chinese, Vietnamese and Indonesian inmates.
The use of interpreters
If the inmate does not speak English or has trouble understanding English, an accredited language translator
must be used.
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The inmate wants the Embassy or Consulate to be informed
If the inmate is a foreign national and wants their Embassy or Consulate informed of their detention, he or
she must write a statement to that effect (Clause 6(1) Crimes (Administration of Sentences) Regulation
2014). For this purpose a proforma is available as annexure 10.12 Request to Notify Embassy or Consulate.
If the inmate does not understand English, a qualified interpreter must be used to translate the statement.
After the statement is made, it must be forwarded to the relevant Embassy or Consulate must be infomed as
soon as possible. Addresses, telephone and facsimile numbers for Embassies and Consulates are available
at the Department of Foreign Affairs and Trade’s website.
Local operating procedures must stipulate who will notify the Embassy or Consulate. A case note must be
made after all notifications.
The inmate does not want the Embassy or Consulate to be informed
If the inmate is a foreign national but does not want their Embassy or Consulate to be informed, no further
action is required apart from the exception below with regard to Indonesian nationals only.
Notify Embassy/consulate within 3 working days that their national has been detained. No identifying
personal information of the detainee should be provided.
Chinese, Vietnamese and Indonesian Inmates
Chinese, Vietnamese and Indonesian inmates must be asked if they want their Embassy or Consulate to be
notified of their detention. If the inmate does want their Embassy or Consulate to be informed, the
notification must be made within 3 calendar days for Chinese nationals, within 3 working days for
Vietnamese nationals and within 3 working days for Indonesian nationals.
If the Chinese, Vietnamese or Indonesian inmate does not answer the question, or does not indicate any
preference then the following procedure applies:
1. If the Chinese or Vietnamese inmate is silent, do not inform the consulate or embassy. With regard
to Indonesian nationals notify the Embassy/consulate within 3 working days that their national has
been detained. No identifying personal information of the detainee should be provided..
2. Within the required timeframe above, the General Manager must cause an officer to telephone the
Embassy or Consulate and inform them that one of their nationals has been detained. A reason for
the detention must also be provided. Importantly, no personal information that would identify the
inmate is to be released to the embassy or consular officials.
3. In the case when the inmate did not answer the question or indicate any preference (Indonesian
nationals only) Officers must not use the Request to Notify Embassy or Consulate form (annexure
10.12) because this will provide details which will identify the inmate. The notification must be made
by telephone.
4. A case note must be made stating the time and date the embassy or consulate was informed.
A federal government brochure explaining these obligations is available in the CCOPM as annexure 10.13.
It explains the different obligations imposed on Australian authorities when a foreign national is detained.
The brochure summaries these responsibilities in a flow chart, including the separate procedure that applies
to Chinese, Vietnamese and Indonesian citizens.
Privacy legislation and foreign nationals
Commonwealth and State privacy legislation applies to all foreign citizens, including Chinese, Vietnamese
and Indonesian nationals, who are detained in CSNSW’s custody. Information about all foreign nationals,
including their name(s), must only be released with the inmate’s consent except when legislation allows
otherwise.
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