In Australia, breastfeeding is not a privilege but a right according to federal law. The federal Sex Discrimination Act 1984 makes it illegal to discriminate against someone based on breastfeeding, whether directly or indirectly.
The Australian Human Rights Commission provides a helpful resource called “Getting to Know the Sex Discrimination Act: A Guide for Young Women,” which explains the rights and responsibilities outlined in the Act. While it does not explicitly mention breastfeeding, it offers valuable information related to the legislation.
The law ensures the protection of your right to breastfeed. According to former federal Sex Discrimination Commissioner Pru Goward (2001-2006), the Sex Discrimination Act safeguards a mother’s right to breastfeed. Discrimination based on breastfeeding or expressing milk is considered a form of sex discrimination since it pertains specifically to women.
Previous Sex Discrimination Commissioner Susan Halliday (1998-2001) expressed that it is common sense to support the feeding of hungry babies and that Australian parents have the right to choose breastfeeding as an option for their children. Various federal, state, and territory laws already make it illegal to discriminate against breastfeeding women when it comes to receiving goods and services, including in restaurants, clubs, pubs, theaters, and public transport. It would be disheartening if a woman faced penalties for responsibly caring for her child in a public setting.
In addition to the federal Sex Discrimination Act 1984, individual states and territories in Australia also have their own laws to protect breastfeeding rights.
www.secta.com.au