Legislation

South Australian legislation refers to 'association with a child', which includes breastfeeding, whereas Commonwealth legislation only refers to 'breastfeeding'.

Association with a child covers situations where [Equal Opportunity Act 1984 (SA) s 85T(5)]:

The Commonwealth legislation specifically includes expressing milk in its definition of breastfeeding [Sex Discrimination Act 1984 (Cth) s 7AA].

Areas of discrimination on the basis of association with a child under SA law

It is unlawful in South Australia to:

Areas of discrimination on the basis of breastfeeding under Commonwealth law

It is unlawful to discriminate based on the fact that a woman is breastfeeding in the areas of:

Making a complaint

Complaints can be made to the Australian Human Rights Commission (Cth) or the Equal Opportunity Commission (SA). There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.

For complaints relating to discrimination in employment, claims may be made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.

Time limits

The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) after the alleged acts, omissions or practices took place [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, the time period was 6 months for any claims not being made under the Sex Discrimination Act 1984 (Cth).

The Equal Opportunity Commission normally requires a complaint to be made within 12 months of the event being complained of but can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93].

General Protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission [Fair Work Act 2009 (Cth) s 394].