Questions have been raised about a woman’s right to breastfeed in public after a mother was asked to leave a Virgin lounge for expressing breastmilk.
Dr Elise Turner spoke out about the incident on social media, calling it “unbelievable”.
Under federal and state law, it is also illegal.
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Fines for breaching the Sex Discrimination Act – which protects, among other things, a woman’s right to breastfeed in public – can exceed $30,000.
Here’s what you need to know about the legalities of breastfeeding in public in Australia.
Is it illegal to breastfeed in public in Australia?
No, breastfeeding in public is a legal right and protected under the Sex Discrimination Act 1984.
Under the Act, it is illegal to discriminate (directly or indirectly) against a mother for breastfeeding in public.
That includes telling her to stop, cover up or leave.
Discrimination against a woman who is breastfeeding or expressing is regarded as sex discrimination under federal law.
Penalties for breaching the Act include:
- for an individual – fines of up to $8250, imprisonment for 3 months, or both
- for a body corporate (corporation, company or association) – fines of up $33,000
Breastfeeding is also protected under anti-discrimination laws in every state and territory across Australia.
Penalties vary.
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Can someone tell me to stop breastfeeding in public?
No.
It is illegal to discriminate against a woman who is breastfeeding or expressing in public.
That includes telling her to stop or cover up in places like cafes, on public transport, etc. or asking her to breastfeed or express in a bathroom or baby room instead.
Even if another member of the public asks a woman to stop, she retains the right to breastfeed wherever she may legally be.
Can I be asked to leave a public place for breastfeeding?
No.
Under state and federal law it is illegal to ask a woman to leave a public place while breastfeeding or expressing.
These laws apply in all public spaces, from cafes and restaurants, to parks, public transport, and shopping centres.
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