The compensation - which Mr Porter said was one of the largest ex-gratia payments by a government in Australian history, as well as that of common law countries - came after negotiations with the family's lawyers, the Aboriginal Legal Service, and on receipt of legal advice detailing what action could be brought against the state, and what that case might look like. It represented an "unequivocal apology" by the government. "It's meant to show contrition... deep, deep, remorse for what has occurred," Mr Porter said. It also took into account the fact that no criminal charges would be laid. While it did not come with an admission of liability, Ms Donegan could still take legal action if she chose.

An "initial view" was that legal action would be likely, Mr Porter said. "I don't know if that position will change by virtue of this payment," he said. It's meant to show contrition... deep, deep, remorse for what has occurred. "If this does not bring finality to the family, (if civil action was to be launched), we don't want to stand in the way of Ms Donegan embarking on that action." ALS chief executive Dennis Eggington said that his organisation would consult with Mr Ward's family about possible civil proceedings against both the government and G4S.

The ALS also requested further information to determine whether it would apply to have a coronial inquest into the death reopened. He described the culpability of G4S as "astronomical" and called on the company to apologise. "That's the least G4S can do," he said. "They have been very quiet in all of this. We've been very disappointed." ALS director of legal services Peter Collins said the role of G4S in Mr Ward's death was "absolutely diabolical". "It was their van, their employees driving the van, at a bare minimum (G4S) should be offering compensation to the family," he said.

If Ms Donegan was successful in any legal action against the government, the ex-gratia payment would be subtracted from any damages she might receive, Mr Porter said. She had indicated she would use the payment to buy a house in or around Kalgoorlie, distribute about $110,000 to members of Mr Ward's extended family and place the rest in a trust account with the National Australia Bank. The eldest of her children had recently turned 18 and could, if he wished, dissolve his trust fund, though he would be encouraged to use some of the money to purchase a property. The public trustee would administer the childrens' trust funds. The ALS had yet to talk to the family about whether it considered the amount of compensation adequate, however Mr Eggington said it would recommend the family look at other alternatives than the public trustee to manage the children's money.

Mr Porter, when asked if the same circumstances would apply to payments given to a non-Indigenous family, said there had been some internal debate within government on whether the approach was "too prescriptive or not prescriptive enough". The government last year awarded Andrew Mallard $3.25 million as an ex-gratia payment for serving 12 years jail for a murder he did not commit. No conditions were placed on that payment. State Coroner Alastair Hope found the two security guards who transferred Mr Ward were in part to blame for his death. However, Director of Public Prosecutions Joe McGrath announced last month that no charges would be laid against those responsible because of a lack of criminal evidence. WorkSafe WA launched its own investigation earlier this month. It has six months to decide whether or not to prosecute.

Mr Porter said his personal view was that G4S "should be doing something" to help Mr Ward's family, but that was a matter ultimately for the company. Its contract to run the prison transport service expires next year and will be put up for tender. The company's previous record would be considered if it bid for the contract, and that record "is not good", Mr Porter said. Mr Hope made 14 recommendations last year to improve prison transport, but a recent report by Custodial Services inspector Neil Morgan found progress had been mixed. Though the government had committed to replacing some of its transport vehicles a month after Mr Ward's death, only a "handful" of new vehicles were on the road more than a year later. "Transport providers and their passengers were having to make do with the same decrepit fleet, notwithstanding certain modifications to vehicles and procedures that had been made following the death of Mr Ward," Mr Morgan said.

Mr Porter said the death occurred under the watch of the previous Labor government, and all prison transport vehicles would be replaced by the end of this year. The state government was also holding discussions with Mr Ward's extended family about funding community facilities in the Warburton area. The extended family could also apply for ex-gratia payments, "but payment would be extraordinary" in those circumstances, Mr Porter said. Opposition justice spokesman John Quigley claimed the payment to Ms Donegan fell about $600,000 short of what Mr Ward, a lands officer, could have reasonably expected to earn in the remainder of his working life. G4S should have been prosecuted.

"If this had been a dog that died in the back of that prison van the RSPCA 100 per cent would have prosecuted the person who put the dog in the back of the prison van," he said. Labor had "unequivocally apologised" for the death. Loading "We don't shy away from the past," he said. Melissa Parke, the federal Labor MP for Fremantle, this week called for a royal commission into the state justice system's treatment of Aborigines.