The Office of the Inspector of Custodial Services has reported that inmates in Western Australian prisons are receiving “gratuity” payments as compensation for having to sleep on the floor due to severe overcrowding. The situation has reached a point where judges are issuing reduced sentences for serious offenders, citing the “significant and inhumane” living conditions.
According to the Department of Justice, prisoners who are forced to use alternative sleeping arrangements, such as mattresses placed on the floor, can receive gratuity payments of up to $10.15 per week. Typically, these payments are awarded for participation in meaningful activities like work or educational programs, and the amount varies based on the level of engagement.
The department, however, did not provide specific details regarding the introduction of these payments for sleeping on the floor or which facilities are involved. They stated, “The gratuity has been a long-standing administrative practice while managing prison population pressures,” and noted that the number of prisoners receiving these payments fluctuates daily based on the number of individuals in alternative sleeping arrangements.
As of June 2026, it was reported that approximately 200 adult inmates were sleeping on mattresses on the floor throughout the state’s prison system, despite the existence of ‘triple-bunking’ in over 250 cells.
These gratuity payments can be utilized for various purposes, including purchasing items from the prison canteen, acquiring special-order items approved by the superintendent, or depositing the funds into the inmate’s savings account. Additionally, inmates may request to transfer their gratuity funds to a registered visitor’s bank account in cases of legitimate financial need.
Critics have voiced concerns regarding the government’s handling of the prison system. Shadow Corrective Services Minister Adam Hort pointed out that gratuity payments for sleeping on the floor were not a practice during the last Liberal government, which ended its term in 2017. He stated, “These payments are a clear indication that Roger Cook has lost control of our prison system, as he has to compensate inmates for staying in overcrowded conditions.” Hort emphasized that it is unreasonable for taxpayers to expect such payments to be issued to prisoners.
Overcrowding has also influenced judicial decisions, as evidenced by a ruling from Supreme Court Justice Alain Musikanth. He noted that the “significant and inhumane overcrowding” at Hakea Prison was a mitigating factor in the sentencing of Mihael Vrhovsek, who received a 16-year jail term for attempted murder. The court acknowledged that Vrhovsek was receiving “modest financial compensation” due to the unacceptable conditions at Hakea.
This is not the first instance where overcrowding at Hakea Prison has been cited in a sentencing decision. In September 2025, District Court Judge Linda Black reduced the sentence of Laban Joshua Toga Saininaivalu, who was convicted of attempted possession of cocaine, due to what she described as “horrendous” conditions caused by severe overcrowding. Judge Black remarked that the conditions at Hakea were intolerably below expected standards and warranted more significant consideration in sentencing.
In June, the Inspector of Custodial Services, Eamon Ryan, issued a show cause notice to the government regarding the overcrowded conditions in Hakea, Casuarina, and Melaleuca prisons, labeling them as “cruel, inhumane, and degrading.” Ryan highlighted a 37% increase in the prison population since early 2023, without a corresponding increase in the number of cells or staff to accommodate this growth. He noted that the rise was particularly pronounced among remand prisoners awaiting trial, with the average time spent in prison before sentencing increasing significantly during this period.
Paul Papalia, the corrective services minister, attributed the growing prison population to an expanding general population and a stricter approach by WA Police and courts towards domestic violence offenders.
Acting Inspector of Custodial Services Jane Higgens stated that while gratuity payments may provide some compensation, they do not resolve the underlying issue of overcrowding. She emphasized that a sustainable solution must focus on reducing population pressures and ensuring that prisons offer safe, decent, and lawful conditions for all inmates.
