Ali v State of Queensland

Raymond Akhta Ali initiated proceedings against the State of Queensland, alleging discrimination on the basis of family responsibilities and religious belief or religious activity. Mr Ali claimed that his transfer from Wolston Correctional Centre to Maryborough Correctional Centre negatively impacted his ability to provide care and support to his family, and that he was not provided with Halal meals or able to participate in Friday prayers. The respondent, the State of Queensland, denied these allegations. The Tribunal was required to determine whether the respondent's actions amounted to direct or indirect discrimination under the Anti-Discrimination Act 1991, and whether the respondent's treatment of Mr Ali was reasonable.

The Tribunal found that Mr Ali was not transferred to Maryborough Correctional Centre due to his religious beliefs or family responsibilities, but rather because of a perceived threat to the security and safety of the correctional centre. The Tribunal also found that Mr Ali's family responsibilities did not amount to an attribute under the Anti-Discrimination Act, as they were of a moral or emotional nature rather than tangible, physical, or financial care and support. With respect to the lack of Friday prayers and Imam visits at Maryborough Correctional Centre, the Tribunal found that no religious visits were requested by Mr Ali, and thus there was no direct or indirect discrimination. In relation to the provision of Halal meals, the Tribunal found that Mr Ali was directly discriminated against when he was provided with a vegetarian diet instead of a Halal diet, as he was treated less favourably than other prisoners who were provided with a non-Halal diet. The Tribunal also found that Mr Ali was indirectly discriminated against when he was provided with non-Halal pies, dim sims, and pasties, as well as a ham sandwich on his last day at Maryborough Correctional Centre.

The Tribunal ordered the respondent, the State of Queensland, to pay compensation in the sum of $3,000.00 to Mr Ali, to be dealt with in accordance with Chapter 6 Part 12B of the Corrective Services Act 2006. The Tribunal did not find bad faith on the part of the respondent, but rather that the discrimination occurred due to mistake and misunderstanding.