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 either directly or indirectly on the grounds of breastfeeding. Direct discrimination happens when a person treats someone less favourably than another person. For example, it is discriminatory for a waiter to decline to serve a patron who is breastfeeding. Indirect discrimination happens when an apparently neutral condition has the effect of disadvantaging a particular group, in this case women who are breastfeeding. For example, an employer may impose a requirement on all employees that they must not make any breaks for set periods during the day under any circumstances. Such a condition would particularly disadvantage women who need to express milk.
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 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.
A baby can be breastfed anywhere and anytime.
Australian Human Rights Commission - Indigenous Women and Pregnancy Discrimination - FACT SHEET 10: Breastfeeding and Work
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, so check with your State or Territory government agency. The National Anti-Discrimination Information Gateway is a useful place to start. It has links to each State and 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.
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.
Breastfeeding is a protected attribute. Discrimination on the basis of breastfeeding is explicitly illegal in all areas of public life.
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.
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.
Breastfeeding is a protected attribute. Discrimination on the basis of breastfeeding is illegal in the areas of: accommodation, clubs, education, employment, goods and services, selling and transferring land, and sport.
Discrimination on the ground of breastfeeding is prohibited in the contexts of: employment, education, access to places and vehicles, provision of goods, services and facilities, accommodation, disposal of land, clubs, application forms, advertisements, insurance (in some instances) and sport (in some instances).
There is further general information about the various state laws from the Australian Human Rights Commission in A guide to Australia's anti-discrimination laws. More detailed information with regard to breastfeeding and discrimination in each individual state and territory is found near the end of this article in the section Suggested Further Reading.
I have been discriminated against and want to take it further. How do I make a complaint?
Where types of discrimination are covered by both state and federal laws, complaints may be lodged with either the state or federal agency, but not both. If you feel you have grounds for complaint, you can contact the Federal Commission for free advice on 1300 656 419 or online. You can also contact your state or territory agency before deciding who you will make your complaint with. This is especially important as there are differences between the state and federal jurisdictions. An example is the SA Equal Opportunity Commission's Where do I complain - state or federal?
Valid complaints are dealt with by conciliation. This is where the people involved in a complaint talk through the issues with the help of someone impartial and settle the matter on their own terms. It also helps the parties involved to better understand the issues and come up with solutions that are appropriate to their circumstances. This could be an apology, financial compensation, access to facilities previously denied, or something else that is agreed upon.
A hungry baby shouldn't be expected to wait. No mother can be forced to ignore the needs of her baby.