Western Australian taxpayers are compensating prisoners who are forced to sleep on mattresses next to toilets due to a worsening overcrowding crisis in the state's prisons. Judges are also reducing offenders' sentences as a result of the dire conditions.
The WA Department of Justice confirmed that inmates housed in 'alternative sleeping arrangements' receive gratuity payments of up to $10.15 per week. This practice comes after a judge described the conditions at Hakea Prison as 'significant and inhumane.'
Last year, District Court Judge Linda Black reduced a man's prison sentence, citing overcrowding at Hakea, where the population exceeded its official capacity. She noted that severe overcrowding led to 80 men sleeping on mattresses on cell floors near toilets, creating cramped, unhygienic, and undignified conditions that had resulted in prisoner injuries.
Inspector of Custodial Services Eamon Ryan has warned that the Western Australian prison system is at a 'crisis point' and nearing 'functional collapse.' His report indicated a 37 percent surge in prison numbers since January 2023, with up to 200 prisoners sleeping on floor mattresses while the system operated beyond capacity. Ryan cautioned that these conditions pose 'a serious risk to the safety and wellbeing of both prisoners and staff' and may amount to 'cruel, inhuman or degrading treatment.'
Normally, prisoners receive gratuities for participating in activities like work or education programs. A spokesperson for the Justice Department stated that payments for prisoners in alternative sleeping arrangements have been a 'long-standing administrative practice' to manage population pressures, with the number of recipients fluctuating daily.
The government has announced a 480-bed expansion of Acacia Prison, a medium-security facility east of Perth, as a measure to alleviate pressure. Corrective Services Minister Tony Buti indicated that the expansion aims to provide facilities and programs that support rehabilitation and reduce reoffending, including new education, allied health, and industries facilities.
Legal actions are also being taken by inmates. Fernando Octavio Salas-Collard, who was jailed for raping a 16-year-old girl, is among several inmates suing the State of Western Australia over conditions at Hakea Prison. The Aboriginal Legal Service has lodged three writs in the Supreme Court of WA on behalf of inmates alleging the state, the Department of Justice chief executive, and the Hakea superintendent failed in their duty of care. Court documents indicate Salas-Collard claims he was repeatedly confined to his cell between December 2022 and August 2026, severely reducing his access to services and entitlements.