DEPARTMENT OF
THE ATTORNEY-GENERAL AND JUSTICE
THE CROSS-BORDER
JUSTICE SCHEME
HISTORIC PARTNERSHIP
The Cross-border Justice Scheme is a historical
partnership between:
• Western Australia
• Northern Territory, and
• South Australia.
It effectively removes the borders in the outback
region where they meet.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
THE REGION WE ARE TALKING ABOUT / NPY
SERVICES
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
OBJECTIVES OF THE SCHEME
• In an Australian first, there is effectively no legal state
boundaries in this region for offenders to cross and
escape justice.
• Police, magistrates, prisons, community corrections
and juvenile justice officers of one jurisdiction are now
able deal with offences that may have occurred in
another of the participating jurisdictions.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
REASON FOR THE SCHEME
• Offenders, particularly those charged with an assault and
in particular involving family violence, frequently have
eluded apprehension by crossing jurisdictional borders
where Police have had no power of arrest without an
Interstate Warrant of Extradition.
• The Cross-border Justice Scheme provides a safer
environment for women and children in the Cross-border
Justice region and gives communities the confidence to
report crimes knowing that the justice system can now
follow offenders across the border.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
MAKING IT LAW
Inter-Governmental Agreement:
• signed in 2007 by Attorney’s-General of each
jurisdiction
• is the overarching Agreement for the project.
Cross-border Justice Act:
• came into affect in 2008 in WA
• And 2009 in NT and SA.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
SERVICE LEVEL AGREEMENTS
Service Level Agreements (SLAs) /MOUs exist between:
• police
• corrections (custodial, community corrections,
juvenile justice), and
• courts.
SLAs/MOUs sit underneath the Inter-Governmental
Agreement and comply with the Cross-border Justice
Act.
A set of protocols also exist for each portfolio detailing
day to day procedures.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
TRIGGERS TO ACTIVATE THE SCHEME
To use the scheme any one of the following three
triggers must exist:
1.
2.
3.
An offender must have committed the offence in the
prescribed region;
OR
An offender must normally reside in the prescribed
region;
OR
The offender is arrested in the prescribed region for an
offence committed inside or even outside of the region.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
POLICE
• Police have a Memorandum of Understanding that
addresses how they work together across the Prescribed
Region. Their powers are unique and they already do
work together on major policing matters.
• This law allows the three Police forces to work much
closer together and to arrest offenders in each other’s
jurisdiction without the need for expensive and
complicated extradition processes.
• On line training resources have been developed for each
police jurisdiction and those resources are available from
their respective training and development areas.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
IMPACTS FOR COURTS
Magistrates of a participating jurisdiction are appointed as a
magistrate of each of the other participating jurisdictions
under that other jurisdiction’s Magistrates Act.
Courts follow the laws of the jurisdiction where the offence
took place and apply the rules of evidence from that place.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COURTS
• A Cross-border magistrate’s circuit includes locations in
all three Cross-border jurisdictions.
• Court registrars co-ordinate the movement of Crossborder magistrates and support staff through the circuits
of participating jurisdictions.
• Sittings of Cross-border magistrates are supported by
the staff of the jurisdiction in which the cross-border
magistrate ordinarily sits.
• Cross-border registrars also play a role in distributing
relevant forms and notifying interstate counterparts of
changes to Court rules or legislation that could affect
court procedures.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COURTS
• In the case where a Cross-border magistrate is required
to hear an interstate matter the following processes are
followed:
– The local prosecuting authority will arrange to have
an interstate matter listed before a cross-border
magistrate and will advise the Home State registry of
the arrangement.
- A copy of the complaint to be heard by the crossborder magistrate must then be sent by the Home
State registry to the cross-border magistrate who will
hear the proceedings
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COURTS
• Cross-border registrars also play a role in
distributing relevant forms and notifying
interstate counterparts of changes to Court rules
or legislation that could affect court procedures.
• At the conclusion of the hearing, registrars
co-ordinate the transfer of relevant court files
and other documents to the "Home State"
registry.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
HOME AND HOLDING (LOCATION) JURISDICTION
• The rules that affect a prisoner’s custody are dictated by
the Home and Location Jurisdiction.
• The Home Jurisdiction is where the offence took place
and it is the laws of that jurisdiction under which the
Court process and sentencing takes place.
• The Holding or Location Jurisdiction is where the
offender is being held or supervised. The laws allow for
equally reciprocal arrangements.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
CUSTODIAL SERVICES
• No change has occurred to actual laws and each
jurisdiction retains the laws it makes. The scheme simply
allows the law of one jurisdiction to be applied in another
as though it was applied by a court in the Home
Jurisdiction.
• The rules of custody are no different for an interstate
prisoner than a NT prisoner – they are subject to
EXACTLY the same management rules including the
complaints mechanisms, but there may be different
releasing laws.
• NB: Holding Cross-border prisoners is not part of the
Interstate Transfer of Prisoners legislation.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
PRISONER PLACEMENT - REMAND
• Factors to be considered are largely the personal
circumstances of the prisoner and the capacity of the
Holding Jurisdiction.
• The Location Authority Liaison Officer is responsible for
determining suitability for holding a prisoner in the NT.
• The prisoner’s view is to be obtained irrespective of the
Court’s view. The final decision is with the intended
Holding Jurisdiction and NOT the prisoner or the Court.
Community Corrections can assist with this process.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
INFORMATION EXCHANGE - JURISDICTIONS
• Original Remand Warrants must accompany prisoners.
• A Prisoner Placement Agreement is to accompany the
prisoner.
• Copies of Warrants of Commitment are to be faxed or
emailed to the Superintendent of the Receiving
Jurisdiction. Acknowledgement is required.
• Original Warrants of Commitment are to be kept by
Home Jurisdiction (Sending Jurisdiction).
• Medical information is to be provided prior to receipt.
• Sending Jurisdiction is to provide full medical history,
pre-sentence report and reception prison history.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
MANAGEMENT OF PRISONERS
• The management of the prisoner after a transfer
becomes the responsibility of the Holding Jurisdiction,
including any coronial involvement, discipline etc, as
though the prisoner was sentenced in the NT.
• The only exception is the releasing mechanism that must
comply with the laws of the sentencing jurisdiction.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
PRISONER TO APPEAR IN COURT
• When a Home Jurisdiction knows a Cross-border
prisoner is to appear in a Court, that jurisdiction will
contact the Holding Jurisdiction to make the
arrangements. Video links should be utilised as much as
possible.
• If a video link is not possible the Home Authority (at their
full cost) will liaise with the Holding Jurisdiction to
transport a prisoner to the Court.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
RELEASE OF PRISONERS
• It is the responsibility of the Location ( Holding) Authority to arrange
and bear the cost of transport arrangements to the Home Jurisdiction
(community) of the prisoner (not just to the border).
• The Location Authority will liaise with the Home Jurisdiction with
respect to the release of a prisoner.
• It is the responsibility of the Home Authority to calculate and advise on
sentence length and release dates.
• Any Community Corrections supervision is to be arranged with
Community Corrections in the Location Jurisdiction, who will advise
the Home Jurisdiction.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
PAROLE ISSUES (1)
• The Parole Notification Reports requested by a Home Jurisdiction will
be provided within 8 weeks of a hearing. This is the same for all three
jurisdictions.
• The Home Jurisdiction (that sentencing was under) will determine
Parole – not the one where the prisoner is being held – this is compliant
with sovereignty.
• The protocols of Prisons and Community Corrections will dictate costs
and processes of these arrangements and Prisons and Community
Corrections Officers should meet to make themselves familiar with the
relevant laws.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
PAROLE ISSUES (2)
Breaches of Parole
• If the prisoner is arrested on a Revocation or Breach of
Parole the prisoner is to be held in the jurisdiction where
they were arrested.
• The Liaison Officers will then discuss the holding
arrangements for the prisoner in accordance with the
normal process for the holding of prisoners under the
Cross-border Justice Scheme.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
IMPACTS FOR COMMUNITY CORRECTIONS
• Community Corrections have for many years
worked routinely across borders in co-operation
with other jurisdictions.
• The Cross-border Justice law means that it is no
longer just a ‘favour’; it is now legal that one
jurisdictions can supervise an offender on behalf
of another jurisdiction.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COMMUNITY CORRECTIONS
Duties of Community Correction officers
may include:
•
•
•
•
•
monitoring and supervision of offenders;
supervision of interstate orders;
pre-sentence assessments and reports;
supervision of parole and re-entry release orders;
pre-release planning for prisoners and parole reports;
and
• supervision and co-ordination of community service
orders, work orders, and work and development orders.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COMMUNITY CORRECTIONS
• Community Correction officers in each participating
jurisdiction will be authorised to supervise, and deal
generally with matters concerning interstate offenders ie.
from anywhere within the cross-border region.
• Community Correction officers will be able to liaise
outside their home state for the purpose of supervising
offenders or carrying out other duties related to
community-based sentences.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
COMMUNITY CORRECTIONS
Key principle:
On-going communication,
co-ordination, and
consultation
between the home state and the supervising
state.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
EVALUATION
• The Cross-border Justice Act legislation requires the
implementation of the Scheme to be formally evaluated
after three years of operation.
• The University of Tasmania conducted this evaluation in
2012 and 2013.
• A copy of the evaluation is available upon request from
the Cross-border Justice Scheme website.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
PROJECT EXECUTIVE GROUP
• A Project Executive Group (PEG), with senior
representation from all jurisdictions oversee the Crossborder Justice Scheme and meet bi-annually.
• The PEG oversee the operation of the scheme with
feedback from specific working groups.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
CROSS-BORDER WORKING GROUPS
There are cross-jurisdictional working groups for:
• Police
• Prisons
• Community Corrections
• Juvenile Justice
• Courts.
Senior officers meet bi-annually or as required to
monitor/review and amend (if required) protocols or
processes upon advice from operational staff.
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
FURTHER INFORMATION AND LEGISLATION
• Northern Territory Cross-Border Justice
Act 2009: see www.nt.gov.au/dcm/legislat/
• South Australia Cross-border Justice Act
2009: www.legislation.sa.gov.au
• Western Australia Cross-border Justice
Act 2008: www.slp.wa.gov.au/legislation
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE
DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE