Angelopoulos v State of Queensland

Angelos Angelopoulos has applied to the Queensland Civil and Administrative Tribunal (QCAT) for a declaration that the State of Queensland engaged in indirect discrimination contrary to the Anti-Discrimination Act 1991 (Qld). The application was dismissed. Mr Angelopoulos’ father passed away in hospital on 23 June 2018. He applied for financial assistance under the Burial Assistance Act 1965 (Qld) for his father’s service and burial. The application was approved with conditions that did not include the costs of a church service and private viewing. Mr Angelopoulos sought further financial assistance from the respondent for his father’s service and burial. His request was refused. He filed a complaint with the Anti-Discrimination Commissioner of Queensland on 25 October 2018. The complaint was referred to QCAT on 15 January 2020.The central issue before QCAT was whether the respondent’s decision to refuse Mr Angelopoulos’ request for additional financial assistance for his father’s burial amounted to unlawful discrimination on the grounds of religious belief or activity contrary to the Act. The Tribunal found that the decision was made under the Burial Assistance Act 1965 (Qld) and was not unlawful discrimination. The Tribunal found that the Burial Assistance Act 1965 (Qld) requires the chief executive to make arrangements for the disposal of a deceased person’s body by burial or cremation only and does not provide for the payment of expenses related to a religious or cultural ceremony or civil remembrance service and associated additional costs with any religious or cultural ceremony. The Tribunal found that the refusal of Mr Angelopoulos’ request for additional financial assistance was reasonable and lawful. The application was dismissed.