WA officials forced to break law by keeping mentally impaired man in prison, judge finds

Supreme Court Justice Terence Palmer says a chronic lack of beds at the state's only psychiatric facility for prisoners led to unlawful detention and denial of care

By LineZotpaper

Published9 October 2026

Read Time2 min

A Supreme Court judge has found that Western Australian officials were forced to break the law by keeping a mentally impaired man in prison because the state's only facility for mentally impaired prisoners did not have enough beds. Justice Terence Palmer ruled that the man, known only as SJQ, was denied appropriate psychiatric care for about two months at Hakea Prison despite a magistrate having ordered him sent to the Frankland Centre at Graylands Hospital for treatment of his treatment-resistant paranoid schizophrenia.

Justice Palmer last week rejected arguments from government lawyers that staff had 'done their best' with the 'limited resources available to them'. In his judgment, he wrote: 'Those charged with the care of mentally impaired people involved with the criminal justice system should not be placed in a position where a lack of resources forces them to act unlawfully.'

The 30-bed Frankland Centre opened in 1993 and has not increased its capacity since, even though WA's prison population has quadrupled over that period. The facility operated at 99 per cent occupancy last financial year and had a waitlist of 18 people immediately before SJQ's order, including another person in a similar position. At one point, the waitlist ranged from 6 to 212 days, according to the judgment.

SJQ, a man in his 40s, had been found unfit to stand trial for an assault charge because of his condition. A magistrate ordered him to the Frankland Centre for treatment, but the transfer could not happen because no bed was available. He was eventually moved after an appeal was lodged.

Justice Palmer said it was in the 'public interest' to call out the treatment, which 'reveals a systemic failure that should be decried'.

State governments have been warned for years about the lack of beds. In 2018, WA's Inspector of Custodial Services warned the number of beds 'has been inadequate for over a decade', and four years later found 'inhumane' conditions amounted to breaches of human rights.

Debra Zanella, who runs community service provider Ruah, which operates the state's only mental health law service, said the judgment was not a surprise to anyone involved in the sector and argued the stigmatisation of mental illness contributes to the problem.

Analysis

Why This Matters

The ruling exposes a systemic failure that forces officials to act unlawfully when there are no beds for mentally impaired prisoners.
The man, SJQ, was denied appropriate treatment for a serious mental illness while detained in a prison setting, raising human rights concerns.
The state's only secure psychiatric facility has not expanded in 30 years despite a quadrupling of the prison population, indicating a chronic underinvestment.

Background

Western Australia's Frankland Centre at Graylands Hospital is the only facility in the state that provides psychiatric care for prisoners who are found unfit to stand trial. It has 30 beds and opened in 1993. The state's prisoner population has grown significantly since then, but the facility's capacity has remained static. Warnings about inadequate bed numbers have been issued by oversight bodies for more than a decade. The case of SJQ is the latest example of the consequences.

Key Perspectives

Justice Terence Palmer: Found that a lack of resources should not force officials to act unlawfully and that the treatment of SJQ reveals a systemic failure with a broader public interest. Government lawyers: Argued that staff had 'done their best' with the limited resources available, a position the judge rejected. Mental health advocates like Debra Zanella: The judgment confirms what those in the sector already knew; the stigmatisation of mental illness is a contributing factor to the lack of resources.

What to Watch

Whether the WA government announces additional funding or expansion of the Frankland Centre.
Any move by the state to address the waitlist and occupancy crisis at the facility.
Potential legal or policy changes to prevent similar unlawful detentions in the future.

Sources

Officials forced to break law to keep mentally impaired man in prison — Just In