Anti-Discrimination Amendment (Breastfeeding) Bill 2007

Second Reading
Debate resumed from an earlier hour.

The Hon. PENNY SHARPE (Parliamentary Secretary) [3.13 p.m.], in reply: I thank honourable members for their contributions to this debate. The Anti-Discrimination Amendment (Breastfeeding) Bill removes any doubt that discrimination on the grounds of breastfeeding is unlawful sex discrimination. Australian women do not currently breastfeed at rates jointly recommended by the World Health Organization and the United Nations Children's Fund. The protection, promotion and support of breastfeeding has substantial benefits for babies, their mothers and families, and the broader community. The Iemma Government is determined to do all in its power to promote, protect and support breastfeeding. As other members have said, the proportion of mothers who initiate breastfeeding is quite high in New South Wales, at close to 95 per cent. The number of babies who are still being breastfed at three, six and 12 months has also increased over the past decade.

New South Wales mothers are doing well but they need as much support as possible in order to improve breastfeeding rates. Data shows that only slightly more than half of all infants were exclusively breastfed at three months, only slightly more than half were being breast-fed at all at six months, and only slightly more than a quarter were being breastfed at all at 12 months. We know that virtually all women can breastfeed so long as they receive help if they experience difficulties. We also know that virtually all mothers will choose to breastfeed if they have appropriate support and accurate information from their families, communities and workplaces. But that is a very big "if". A number of factors can, and do, inhibit a woman's capacity to breastfeed in our society. I will place on record what the New South Wales breastfeeding policy is and what is being done as part of that policy. Following extensive consultation with key stakeholders in 2006 NSW Health adopted a new policy aimed specifically at at least maintaining the current proportion of infants who are ever breastfed, increasing the proportion of infants who are exclusively breastfed to six months, and increasing the duration of breastfeeding generally. The policy is based upon sound research into breastfeeding rates in New South Wales and effective interventions and strategies for promoting, protecting and supporting breastfeeding in the New South Wales context.

The policy also commits NSW Health to funding the Australian Breastfeeding Association to provide peer support services for breastfeeding mothers and to advise on the provision of breastfeeding-friendly workplaces; the statewide dissemination of a NSW Health consumer publication on introducing solids; revision of the Sydney South West Area Health Service "Caring for Infants" manual for statewide distribution to childcare centres; a multilingual consumer resource called "Breastfeeding: Best for Babies and Mothers" on the NSW Health website through the Multicultural Health Communication Service; a breastfeeding component targeting parents and health professionals on the new Healthy Kids website; collaboration with midwifery and child and family health nurse organisations to develop workforce competency standards and assessments of breastfeeding, and of course to ongoing analysis of, and reporting on, population breastfeeding rates in New South Wales in line with World Health Organization definitions.

During the debate Opposition members lauded the Federal Government's so-called commitment to supporting women to continue to breastfeed. It is a bit rich for them to talk about what great work the Howard Government has done on this issue when Federal Government policies such as the failure to introduce paid maternity leave and the introduction of WorkChoices actively undermine women's ability to get support in the workplace to continue breastfeeding. Women are concentrated in low-paid, low-skilled sectors of the labour market, often in part-time and casual jobs. These women, whose pay and conditions were previously determined by the old award system, are among the most vulnerable to the Howard Government's WorkChoices.

Just yesterday the Minister for Industrial Relations and the Minister for Women launched a report undertaken by the Inner City Legal Centre. The report analysed 220 cases of women's work-related cases handled by the State's network of community legal centres. The report found that employees have experienced reductions in pay-and many of them are already low-paid workers-less certainty about wage rates and pay rises, intensification of work, weakening of job security, less financial independence, less money for children and basic household costs, less representation and say at work and in the community, and poorer health and wellbeing. The Inner City Legal Centre also heard directly from women living the reality of WorkChoices. I will give two examples of the impact of these changes.

One client described how her employer asked her to sign an Australian workplace agreement [AWA] that, first, changed her employment status from casual to part time; second, provided only three weeks annual leave; and, third, decreased her hourly rate of pay from $17.80 to $12.75. The client suffered enormous pressure from her employer to sign the Australia workplace agreement, and subsequently resigned. Another client, who had two years of loyal service and worked an average of 35 hours a week, informed her boss that she was pregnant. Her hours soon dropped to 20 hours a week. When she decided to leave her boss advised her that she was "retiring" two weeks earlier than she wanted, with "pregnancy" cited as the reason for her termination. Those women had little chance of receiving assistance to enable them to continue in their jobs let alone receiving support for breastfeeding their children.

Last week I was pleased to attend the Australian Breastfeeding Association's ceremony that gave accreditation to Parliament House as a breastfeeding-friendly workplace. Parliament now offers its workers lactation breaks, flexible work options and private areas in which all mothers who work in the building can breastfeed or express their breast milk. This is a positive step forward that offers leadership to other employers in this area. This bill furthers the work done by our predecessors 30 years ago when they originally enacted the Anti-Discrimination Act. The bill enhances the Act by ensuring that women who choose to breastfeed are protected from discrimination. As to the point raised by Ms Lee Rhiannon, I am advised that is unlikely that the bill will have a significant impact on the resources of the Anti-Discrimination Board.

In concluding the Government's response to this debate it is clear that a whole-of-community response is needed to address the declining breastfeeding rates that occur throughout the first year of life, and most especially during the few months after birth. Mothers are influenced by the extent to which breastfeeding is recognised as the norm at home, at work and in the community. This legislation is an important step in the right direction. It will encourage many women to continue breastfeeding and provide an incentive for employers and the community more broadly to give them the necessary support. The bill will be better for babies, better for mothers and better for the health and economic outcomes of this State. I commend the bill to the House.

Question-That this bill be now read a second time-put and resolved in the affirmative.

Motion agreed to.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Third Reading
Motion by the Hon. Penny Sharpe agreed to:

•  That this bill be now read a third time.

Bill read a third time and returned to the Legislative Assembly without amendment.