Moving to another prison interstate
Summary: Applying to be moved to a prison in another state or territory.
You can apply to be moved from your prison in Victoria to a prison in another state or territory. Usually this is to be closer to family or support networks if you don’t have any in Victoria.
This is called an interstate transfer. The process for interstate transfers comes from the Prisoners (Interstate Transfer) Act 1983 (Vic) and the Transfer of Prisoners Act 1983 (Cth).
When can I apply for an interstate transfer?
You can only apply for an interstate transfer if you:
- Are serving a sentence (people on remand cannot ask for a transfer); and
- If you have applied for a transfer before, it’s been at least 12 months since then.
It’s unlikely your application will be approved if you:
- Are currently appealing your sentence; or
- You have more outstanding criminal cases coming up.
In these situations, your application will probably be put on hold until any cases are finished.
Your application needs to be approved by certain Ministers or Attorney-Generals, depending on what type of sentence you are serving. For more information on this process, use the links on the left side of this page.
When deciding whether to allow your transfer, the Ministers or Attorney-Generals can consider whatever they think is necessary. This includes:
- Your welfare and safety
- How long you have left in your sentence (people with more than 12 months to serve are more likely to be allowed a transfer)
- What programs and rehabilitation you’ve done in prison
- Your criminal history and whether you have any other cases still running
- Where your family ties are
- Where you were living before you came into prison
- Any victims of crime that might be affected by your transfer
- The protection of the community in Victoria and any other state or territory you want to go to
- The security and good order of your prison and any other prison you want to go to
- The administration of justice in Victoria or the state or territory you want to go to
- Whether a transfer will give you an advantage in your sentence (you could be released earlier in some other states or territories)
- Any documents or evidence you have to support your application
For more information on interstate transfers, use the links on the left side of this page:
- How do I apply for an interstate transfer?
- What happens after I apply for an interstate transfer?