Mr MITCHELL - 1997-04-29
Recently, the Commonwealth, the ACT and the states decided to adopt the International Transfer of Prisoners Scheme. Why is the Northern Territory not participating in this scheme?
ANSWER
Mr Speaker, I shall begin by explaining to Territorians what the International Transfer of Prisoners Scheme is all about. As the honourable member said, the Commonwealth, the ACT and the states have agreed to participate in a scheme which permits overseas residents, who are sentenced for crimes committed in Australia, to be transferred to their home countries to serve the remainder of their sentence there, while Australian residents who are sentenced for crimes committed overseas may be transferred back to Australia, at the expense of the state or territory in which they are resident. Those in favour of this scheme argue that Australians serving sentences overseas may do so under harsher conditions than those experienced in Australian prisons, and be deprived of family access and medical care. They argue that allowing such prisoners to return to Australia would mean that they would be dealt with in a more humane manner.
The Territory has consistently opposed participation in this scheme and continues to do so, despite the most recent requests for it to reconsider its position from the federal parliament's Standing Committee on Legal and Constitutional Affairs, chaired by that champion of Territory rights, Mr Kevin Andrews. The Northern Territory government believes that Australians who offend overseas are aware of the risks they run. Some overseas penalties, particularly in relation to drug offences, are considerably more severe than in Australia. The availability of the scheme could reduce the deterrent effect of these punishments and actually increase the number of Australians involved in drug trafficking both here and overseas. In any event, the Territory government should not have to pay for the transfer of prisoners from overseas and their detention in Territory prisons.
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Although the Northern Territory is the only jurisdiction to choose not to participate in the scheme, it is not alone in expressing disquiet about it. Western Australia gave evidence to the standing committee that it was concerned that it would have to pay for transferring Western Australia residents back to Australia and detaining them for the remainder of their sentence. The Territory government believes it is the criminals' own decision how they conduct themselves in their overseas criminal enterprises and it will not act as their backstop when, inevitably, they are caught.
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ANSWER
Mr Speaker, I shall begin by explaining to Territorians what the International Transfer of Prisoners Scheme is all about. As the honourable member said, the Commonwealth, the ACT and the states have agreed to participate in a scheme which permits overseas residents, who are sentenced for crimes committed in Australia, to be transferred to their home countries to serve the remainder of their sentence there, while Australian residents who are sentenced for crimes committed overseas may be transferred back to Australia, at the expense of the state or territory in which they are resident. Those in favour of this scheme argue that Australians serving sentences overseas may do so under harsher conditions than those experienced in Australian prisons, and be deprived of family access and medical care. They argue that allowing such prisoners to return to Australia would mean that they would be dealt with in a more humane manner.
The Territory has consistently opposed participation in this scheme and continues to do so, despite the most recent requests for it to reconsider its position from the federal parliament's Standing Committee on Legal and Constitutional Affairs, chaired by that champion of Territory rights, Mr Kevin Andrews. The Northern Territory government believes that Australians who offend overseas are aware of the risks they run. Some overseas penalties, particularly in relation to drug offences, are considerably more severe than in Australia. The availability of the scheme could reduce the deterrent effect of these punishments and actually increase the number of Australians involved in drug trafficking both here and overseas. In any event, the Territory government should not have to pay for the transfer of prisoners from overseas and their detention in Territory prisons.
Page 2081
Although the Northern Territory is the only jurisdiction to choose not to participate in the scheme, it is not alone in expressing disquiet about it. Western Australia gave evidence to the standing committee that it was concerned that it would have to pay for transferring Western Australia residents back to Australia and detaining them for the remainder of their sentence. The Territory government believes it is the criminals' own decision how they conduct themselves in their overseas criminal enterprises and it will not act as their backstop when, inevitably, they are caught.
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Last updated: 09 Aug 2016