International transfer of prisoners

What is International Transfer of Prisoners?

The International Transfer of Prisoners (ITP) Scheme is a consent-based scheme that allows Australians serving a sentence in a foreign country, and foreign nationals serving sentences in Australia, to apply to transfer to their home country to serve the rest of their sentences.

The ITP Scheme aims to promote the prisoner’s successful rehabilitation and reintegration into the society of their home country, while preserving the sentence imposed by the sentencing country as far as possible.

The ITP Scheme contributes to community safety by ensuring that a prisoner’s convictions are recorded in their own country and when they are reintroduced into that country’s community, they can be appropriately supported, supervised and monitored.

Transfer countries

Not all countries are part of the ITP Scheme. Transfers are currently possible between Australia and the following countries:

Albania
Andorra
Armenia
Austria
Azerbaijan
Bahamas
Belgium
Bolivia
Bosnia and Herzegovina
Brazil
Bulgaria
Cambodia
Canada
Chile
China
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Ecuador
Estonia
Finland
France
Georgia
Germany
Greece
Honduras
Hong Kong Special Administrative Region
Hungary
Iceland
India
Ireland
Israel
Italy
Japan

Korea
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Mauritius
Mexico
Moldova
Mongolia
Montenegro
Netherlands
North Macedonia
Norway
Panama
Poland
Portugal
Romania
Russia
San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Thailand
Tonga
Trinidad and Tobago
Türkiye
Ukraine
United Arab Emirates
United Kingdom
United States
Venezuela
Vietnam

These countries are either party to the Council of Europe Convention on the Transfer of Sentenced Persons or a bilateral transfer agreement with Australia.

Apply to transfer to Australia

Step 1: Check eligibility

To apply for transfer to Australia:

You must be an Australian citizen or be permitted to travel to and remain in Australia indefinitely under the Migration Act 1958 (Cth) and have community ties with an Australian state or territory.
You must be currently serving a sentence of imprisonment in a prison or hospital facility overseas or have already been released on parole or are serving the suspended part of your sentence.
You must have at least 6 months left to serve on your sentence of imprisonment (although some countries require at least 12 months).
Your conviction and sentence must be final and not subject to appeal.
The conduct you were convicted of must also be a criminal offence in Australia (this is known as dual criminality).

Step 2: Download and read the information pack

Our applicant information packs contain detailed information on the application process and things to consider before making an application for transfer.

Applicant information pack for transfers to Australia

Step 3: Complete the Application form

Application for transfer to Australia

Note: You must sign your application form in front of an authorised witness (check the form to find out who this can be). We cannot process your application unless the form has been signed and appropriately witnessed.

By signing the application form, you give us the legal authority to collect, use and disclose your personal information for the purposes of processing your application. This could include consulting with the Department of Home Affairs on your immigration status and providing your application and details to the transfer country.

Step 4: Send in your completed application

Submit your completed application to the International Transfer of Prisoners Unit by:

Email: itp@ag.gov.au
Mail:
International Transfer of Prisoners Unit
Attorney General’s Department
3-5 National Circuit
Barton ACT 2600
AUSTRALIA

Apply to transfer from Australia

Step 1: Check eligibility

To apply for transfer from Australia:

You must be a citizen of the country you are seeking to transfer to. Some countries also allow a prisoner to transfer if they have significant community ties with that country.
You must be currently serving a sentence of imprisonment in an Australian prison or hospital facility. Some countries also accept transfers of prisoners who have already been released on parole or are serving the suspended part of their sentence.
You must have at least 6 months left to serve on your sentence of imprisonment (although some countries require at least 12 months).
Your conviction and sentence must be final and not subject to appeal.
The conduct you were convicted of must also be a criminal offence in the country you are applying to transfer to (this is known as dual criminality).

Step 2: Download and read the information pack

Applicant information pack for transfers from Australia

Step 3: Complete the Application form

Application for transfer from Australia

Step 4: Send in your completed application

Submit your completed application to the International Transfer of Prisoners Unit by:

Email: itp@ag.gov.au
Mail: International Transfer of Prisoners Unit
Attorney General’s Department
3-5 National Circuit
Barton ACT 2600
AUSTRALIA

Approvals process

We process all transfer applications in accordance with the requirements of the International Transfer of Prisoners Act 1997 (the ITP Act).

Transfers are not automatic. Before a transfer can take place, all relevant parties must provide their approval. This includes the:

Australian Government, through the Australian Attorney-General
government of the foreign country
prisoner
relevant Australian state or territory government (for all transfers to Australia and for transfers of prisoners from Australia who have been convicted of an Australian state or territory offence). Under the ITP Act, the Australian Attorney-General can take any matters into account when considering transfer applications.