Equal Opportunity Amendment Bill 2009

Date: 
Wednesday, March 24, 2010

Extract from Hansard


Hon Alison Xamon; Hon Helen Morton; Hon Adele Farina; Hon Max Trenorden; Hon Sue Ellery


Second Reading


Resumed from 23 March.


HON ALISON XAMON (East Metropolitan) [5.54 pm]: I am turning my mind to the ways in which we can address some of the negative attitudes towards breastfeeding. I understand that a pilot program is running across the school curriculum in Queensland to introduce education about breastfeeding and its benefits. This is an important start to normalising breastfeeding, which after all is a very normal act. It is a very positive initiative and I hope it is successful, and, if it is successful, that it will be rolled out to schools across the country. Again, this legislation is also a really important part of the shift to normalise breastfeeding. I was particularly pleased to hear the supportive comments and personal stories that were shared by members in the other place, and also here, about their or their loved ones’ experiences around breastfeeding their children. I think that these stories highlight that being a parent is already not particularly easy.


We also need to be valuing and supporting the role of women when and if they choose to be mothers, including initiatives that support breastfeeding by working mothers and also ensuring that breastfeeding is compatible with a modern workplace. We can do this by ensuring that extra support is provided to working mothers who are breastfeeding. I notice that the Australian Breastfeeding Association does have a breastfeeding-friendly workplace accreditation program, which was referred to yesterday as well by the Minister for Child Protection. This supports the 118 000 or so Australian women who return to paid work when their child is aged six months or younger. I think more work needs to be done in this area to ensure that all workplaces are accredited, either through this program or a similar program. I also hope that all members seek to have their offices accredited as well, because workplace support is clearly crucial in enabling these women who choose to keep breastfeeding to be able to do so. Again, this law change helps to strengthen that position.


Many groups and individuals are doing some fantastic work out there to support breastfeeding mothers. I would like to take the opportunity to acknowledge the work that is being done by organisations such as the Family Nurturing Centre and the Australian Breastfeeding Association in supporting and promoting breastfeeding and breastfeeding mothers. A staggering number of women and children out there have benefited both directly and indirectly from their tireless campaigns and their support. I think this bill is a culmination of the sort of work that they have done over so many years.


When I was thinking about attitudes to breastfeeding in Western Australia, I also came across some web postings by breastfeeding mums. One mother noted that she had seen one of the characters on Home and Away breastfeeding her baby in a recent episode. The response by another woman to this comment was that she had seen the episode but she had not even noticed that the character was breastfeeding. According to my notes, she went on to say —


      "I guess I am probably a little desensitised to it now as I can carry on entire conversations with a breastfeeding mother and not realise she is feeding until she starts snapping her bra back up."


I find this sort of comment incredibly heartening. That is exactly how it should be in our society and that is where I hope we are going. I am looking forward to the day when people will not even bat an eyelid when they see a woman breastfeeding in public and when it is so acceptable that it is not even worth mentioning. But, unfortunately, I do know that we still have quite a way to go. Although not necessarily widespread, discrimination is definitely alive and well. For each case that comes to the media’s attention in which a woman has been brave enough to make a public complaint or to go to the media when she has been discriminated against for breastfeeding in public, we know that there are so many more cases that we do not ever get to hear about because when a woman is asked to leave or cover up when she is breastfeeding, it is a distressing and humiliating experience. Often, all that the woman feels she is able to do at that point is just withdraw from the situation in embarrassment. We have a responsibility to make sure that we are protecting people from being discriminated against in this manner. If a woman wants to feed her baby in public, she should be able to; it is as simple as that. When I hear stories about women who are forced to feed their babies in public toilets I despair; it is disgusting. Even sadder is when breastfeeding women are told that they are not able to participate fully within the public arena as public citizens or employees simply because they are ensuring that their babies are getting fed. This is unacceptable, and making breastfeeding a clear, unequivocal provision in the Equal Opportunity Act sends a powerful message to mums that breastfeeding their babies is acceptable and is to be encouraged, protected and supported, because mothers of children are valued public citizens. This is about explicitly telling people that if they discriminate against breastfeeding mothers, they are breaking the law and could face legal action.


The breastfeeding relationship between a mother and child is an incredibly special and important one and it does deserve protection from that small-minded minority who make life so miserable for women and their babies by engaging in unacceptable, discriminatory conduct towards mums, because studies have shown that one of the many reasons that women choose to stop breastfeeding prematurely is due to that sense of discomfort and disapproval they feel when they are trying to feed their babies in public. When we protect breastfeeding by law, which has been done in other Australian states and also countries around the world and is not something particularly new, it sends a powerful message to the public that we are valuing and protecting a breastfeeding relationship.


Sitting suspended from 6.00 to 7.30 pm


Hon ALISON XAMON: The Equal Opportunity Amendment Bill 2009 has been a long time coming. In the past, Western Australia has been a leader in implementing equal opportunity legislation, but until now, compared with the other states, we have been left behind on this issue. The protections that the Equal Opportunity Act affords are absolutely necessary, as is this legislation to amend the act. I have had many discussions with members, and I am aware that some question the need for such an act. I can assure them that, unfortunately, the sorts of protections that the Equal Opportunity Act affords are all too necessary. I certainly hope that one day the Equal Opportunity Act will become redundant, but unfortunately we are not there yet. I eagerly await the day when discrimination becomes a thing of the past. However, until then, if the right to breastfeed in public is an acknowledged right, let us make it clear and leave no room for doubt.


Finally, if people are affronted by a woman breastfeeding her child, maybe they should think about putting a blanket over their heads rather than asking breastfeeding women to do that. The Greens (WA) are delighted to support this bill.



Question put and passed.


Bill read a second time.


Leave granted to proceed forthwith to third reading.


Third Reading


Bill read a third time, on motion by Hon Sue Ellery (Leader of the Opposition), and passed.