The laws relating to breastfeeding in public in Australia are:
What is the law?
In Australian Federal Law breastfeeding is a right, not a privilege.
Under the federal Sex Discrimination Act 1984 it is illegal in Australia to discriminate against a person on the grounds of their sex. Discrimination on the grounds of sex is when a person is less favourably treated, directly or indirectly, than another person of the opposite sex would be treated under the same or similar circumstances. The Act makes sex discrimination against the law and gives effect to Australia's international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Act makes it illegal to discriminate in the provision of goods and services, accommodation, financial services, employment, sport or education.
In October 2002, 'to avoid doubt', the Australian Government amended the Act to explicitly recognise breastfeeding (including the act of expressing milk) as 'a characteristic that appertains generally to women'. The Act had always protected the rights of breastfeeding mothers, but did not specifically mention breastfeeding. The amendment aimed to address any confusion. It also made it clear that breastfeeding was a potential ground for unlawful discrimination against women on the basis of their sex. Other publications on the website of the Australian Human Rights Commission also include discrimination against a breastfeeding mother under pregnancy discrimination. A useful publication from the Australian Human Rights Commission is Getting to Know the Sex Discrimination Act: A Guide for Young Women. While not directly mentioning breastfeeding, this publication does explain your rights and responsibilities under the Act.
The Federal Government announced in May 2010 that it will be toughening its protection in the Act for women who want to breastfeed by specifically listing breastfeeding as grounds for discrimination in the workplace. This is a positive step in the right direction. The next step for the future will be to further amend the Act so that breastfeeding is included as a separate ground of discrimination in areas outside the workplace. This is something that the Australian Human Rights Commission, an independent statutory organisation established by the Australian Government, has been making submissions for. You may wish to write to your local federal member in support of this amendment.
| The law in Australia protects you from being discriminated against because you are a breastfeeding mother. This includes if you are expressing milk by hand or with a breast pump to give to your baby later.
… babies can be breastfed anywhere and anytime.
Australian Human Rights Commission - Indigenous Women and Pregnancy Discrimination |
The Law protects your right to breastfeed
As the former federal Sex Discrimination Commissioner, Pru Goward (2001-2006), stated: 'A mother's right to breastfeed is protected by the federal Sex Discrimination Act, which prohibits discrimination on the basis of sex, marital status, pregnancy and potential pregnancy. The Act also makes clear that discrimination because a woman is breastfeeding (or expressing) is regarded as sex discrimination because it is clearly a characteristic of women.'
Her predecessor, Susan Halliday (1998-2001) had earlier emphasised: 'Common sense dictates that hungry babies be fed and Australian parents have the right to choose the option of breastfeeding their children. For many years it has been illegal under federal, state and territory law to discriminate against breastfeeding women in the provision of goods and services, including service at restaurants, clubs, pubs and theatres and on public transport. It will be a particularly sad day when, in Australia, a woman is penalised for properly caring for her child in a public place.'
What about State and Territory Laws?
In addition to the protection offered under the federal Sex Discrimination Act 1984, individual states and territories have enacted their own laws to protect the rights of breastfeeding women in areas such as work, education and the provision of goods and services. Details vary from state to state so check with your state or territory government agency. TheNational Anti-Discrimination Information Gateway is a useful place to start. It has links to each state or territory's commission's websites.
- Australian Capital Territory
- Breastfeeding is a protected attribute. Discrimination on the basis of breastfeeding is illegal in the areas of: provision of goods and services, accommodation, financial services, employment, sport, education, access to premises, access to membership in a trade or professional organisation, membership of or services in a licensed club, business partnerships, requests for information and unlawful advertising.
- New South Wales
- Discrimination and harassment on the grounds of sex is illegal in the contexts of: opportunities in employment, state education, goods and services, accommodation and registered clubs. This includes breastfeeding as a characteristic generally appertaining to women.
- Northern Territory
- Breastfeeding is a protected attribute. Discrimination or harassment on the basis of breastfeeding is illegal in the areas of education, work, accommodation, goods, services and facilities, clubs, insurance and superannuation. For protected attributes it is also illegal to fail to make reasonable accommodation for a person's special needs.
- Queensland
- Breastfeeding is a protected attribute. Discrimination on the basis of breastfeeding is explicitly illegal in all areas of public life.
- South Australia
- It is illegal to discriminate against someone in the areas of accommodation, customer service and education because of their association with a child, which includes breastfeeding.
- Tasmania
- Breastfeeding is a protected attribute. Discrimination or 'prohibited conduct' is illegal on the basis of breastfeeding in the areas of: education, employment, provision of goods, facilities and services, clubs, state laws and programs, awards and industrial agreements. 'Prohibited conduct' is any conduct that offends, humiliates, intimidates, insults or ridicules a reasonable person on basis of a protected attribute.
