Bunbury Prison Harassment Allegations Heard In Federal Court

A former Bunbury Regional Prison officer has told the Federal Court she was subjected to alleged sexual harassment, threats and unwanted conduct from the beginning of her employment, in a case unfolding against a backdrop of years of regulatory and parliamentary scrutiny over workplace culture at Western Australia’s largest regional prison.

The former Prison Officer, who is representing herself, is pursuing civil proceedings against the State of Western Australia’s Department of Justice and individual prison officers.

She alleges sexual harassment, sex discrimination and disability discrimination arising from her employment at Bunbury Regional Prison.

During evidence this week, she told the court the alleged harassment began on her first day at the prison in 2021.

She described what she says was a workplace culture that discouraged reporting.

In one alleged incident, she told the court she rejected an advance from a senior officer who then warned her not to “dog” on him or he would “make her life hell”.

The former Prison Officer said she later feared for her safety and alleged the conduct extended beyond working hours, including text messages and colleagues attending sporting matches she participated in.

ALLEGATIONS FIRST REACHED FEDERAL COURT IN 2023

The former Prison Officer commenced the Federal Court proceeding in 2023.

Court documents previously reported by the ABC alleged she experienced sexual remarks, physical advances, exposure to sexually explicit images, stalking and threats to her safety if she reported incidents.

Her case also alleges the Department and senior staff failed to appropriately deal with her complaints and that her access to reporting mechanisms and employment opportunities was affected.

The Federal Court itself recorded in 2023 she was seeking remedies for alleged unlawful conduct involving sexual harassment, disability discrimination and sex based discrimination while working at Bunbury Regional Prison.

WORKSAFE FOUND STAFF EXPOSED TO INAPPROPRIATE CONDUCT

The Federal Court action is only one part of a much broader history of scrutiny.

WorkSafe previously issued Bunbury Regional Prison with an improvement notice after finding staff were being repeatedly exposed to inappropriate comments and advances, bullying, intimidation and threats.

In October 2024, WorkSafe took the unprecedented step of prosecuting the Department of Justice, alleging it failed to provide and maintain a safe work environment and did not have adequate procedures for dealing with bullying, harassment, sexual harassment and victimisation.

It was the first prosecution brought by WorkSafe WA over the psychological impacts of workplace hazards.

The Department faced a potential fine of up to $3.5 million if convicted but that prosecution never reached a final determination.

In September 2025, WorkSafe discontinued the case after obtaining what it described as “fresh evidence”.

The regulator said there was no longer a reasonable prospect the charge could be proven and said it understood the Department had improved its management of psychosocial hazards in recent years.

WorkSafe did not publicly disclose the "fresh evidence" on which its decision was based.

The Federal Court proceeding had actually been stayed in August 2025 pending resolution of that WorkSafe prosecution because the two cases involved closely corresponding issues.

With the WorkSafe case discontinued, the former Prison Officers civil case returned to substantive hearing.

INDEPENDENT INSPECTOR ALSO FOUND STAFF CONCERNS

Separate scrutiny came from the Office of the Inspector of Custodial Services.

Its 2024 report into Bunbury Regional Prison found the prison had expanded significantly without equivalent growth in infrastructure and management capacity.

The Inspectorate recorded concerns from staff about bullying and inappropriate behaviour and found some employees (particularly women) were distressed by how allegations had been handled.

Only 8% of surveyed staff said they received good support from Department of Justice head office, down from 19% in 2020.

Just 5% rated communication from head office positively, down from 24%.

One staff member told inspectors:

“There is a lack of support from the Department of Justice. We feel browbeaten. We are nothing but a number".

The Inspectorate did not determine the truth of individual sexual harassment allegations, but said perceived lack of transparency around grievance processes had left some staff feeling unheard.

ANOTHER SEXUAL HARASSMENT MATTER RESULTED IN A GUILTY VERDICT

Parliamentary material reveals the concerns were not confined to only one former Prison Officers case.

Department of Justice information provided to a parliamentary committee recorded that another separate sexual harassment matter at Bunbury Regional Prison had been substantiated by way of a guilty verdict in Bunbury Magistrates Court, while two other matters had been closed with no further action.

STAFF CALLED FOR A PARLIAMENTARY INQUIRY

In 2024, the former Prison Offer in the current matter became the principal petitioner of a Legislative Council petition calling for an independent parliamentary inquiry into Corrective Services and Bunbury Regional Prison.

The petition attracted 148 signatures and alleged broader problems involving staffing, workers’ compensation, psychological harm, bullying, harassment and discrimination.

Those assertions were allegations made by petitioners, not findings of Parliament.

The Office of the Inspector of Custodial Services conducted another scheduled inspection of Bunbury Regional Prison in February 2026. Its current work page says the resulting report was expected to be tabled in the third quarter of 2026, but WA in Focus has not located a published report as at 30 September 2026.

THE CASE NOW BEFORE THE COURT

The Federal Court proceeding is Hendry v State of Western Australia, Department of Justice & Ors, WAD296/2023.

Previous Federal Court decisions in the case have dealt with procedural issues including suppression applications, attempts to stay proceedings and disputes over pleadings. They have not determined whether her substantive harassment and discrimination allegations are true.

But the current hearing is occurring against a documented history that includes a WorkSafe improvement notice, a subsequently discontinued criminal prosecution, independent inspector concerns about staff culture and complaint handling, a parliamentary petition and at least one separate sexual harassment matter ending in a guilty verdict.