Australia's Sex Discrimination Commissioner, Dr Anna Cody, told a Senate committee on Monday, 26 October 2026, that the Sex Discrimination Act's breastfeeding protection applies to a male who identifies as a woman and claims breastfeeding rights. The exchange is in the official Hansard transcript of the Senate Legal and Constitutional Affairs Legislation Committee's supplementary budget estimates hearing for the Attorney-General's portfolio.
The questions and answers
Liberal Senator Leah Blyth said section 7AA of the Act refers to discrimination against "a woman" on the ground of breastfeeding. She said the explanatory memorandum for that section described it as applying to women who breastfeed. She asked whether the Commission interprets the section as protecting "a biological male who identifies as a woman and induces lactation."
Dr Cody answered: "Yes."
Some news headlines quote the answer as "Yes, Senator." The transcript records "Yes."
Senator Blyth then asked whether an employer is legally required to provide lactation breaks and breastfeeding facilities to a male who claims breastfeeding protection. Dr Cody said: "They are subject to the same protections as anyone who is breastfeeding."
Earlier in the exchange, Dr Cody said breastfeeding "is widely defined within the Sex Discrimination Act, and it includes expressing milk as well as breastfeeding as well as induced lactation."
The statements are the Commission's interpretation of the Act. They are not a court decision and not an amendment to the law.
Medical advice
Senator Blyth asked whether the Commission obtained independent medical advice on the safety and effectiveness of the practice before including the topic in its *Balancing Act* report. The Commission released the report on 19 October 2026.
Dr Cody referred the senator to the report and said its case study "is about a woman who induced lactation." She said she did not accept the senator's description of the report. After repeated questions, she said the Commission reviewed domestic and international research and held five stakeholder consultations, and that "we did not seek medical advice."
Senator Blyth asked for the research to be tabled. Dr Cody said a bibliography is at the back of the report and the case studies relied on are in it.
Other matters raised
Senator Blyth asked whether a recent New South Wales Parliament decision to restore references to women in its breastfeeding policy complies with the Commission's guidance. Dr Cody said she would take the question on notice. Women's Agenda reported that NSW Premier Chris Minns said the earlier wording was "strange" and that it would be reversed.
During the hearing, Senator Michaelia Cash noted that the High Court of Australia had refused special leave to appeal in *Giggle for Girls v Tickle* on 10 September 2026. The High Court's special leave record shows the 10 September decision, and ABC News reported that the appeal was denied.
Reaction
UN Special Rapporteur on violence against women and girls Reem Alsalem criticised the Commissioner's position on X, according to Daily Mail Australia. Liberal Senator Michaelia Cash criticised the federal government on 2GB.
Sources: Senate Legal and Constitutional Affairs Legislation Committee, Hansard, 26 October 2026 · Parliament of Australia estimates transcript schedule (ref 30032) · Australian Human Rights Commission media release, 19 October 2026 · High Court of Australia special leave record · ABC News, 11 September 2026 · Daily Mail Australia, 27 October 2026 · 2GB, 27 October 2026 · Women's Agenda, October 2026