Australia's Sex Discrimination Commissioner tells the Senate that breastfeeding protections apply to men

On Monday night, 26 October, Senator Leah Blyth put a plain question to Australia's Sex Discrimination Commissioner, Dr Anna Cody, at Senate estimates in Canberra.

Does the Commission read the Sex Discrimination Act's breastfeeding protection as covering "a biological male who identifies as a woman and induces lactation"?

The official Hansard record shows a one-word answer: "Yes."

A note on the quote: some headlines say "Yes, Senator." The transcript says "Yes."

What was said

Section 7AA of the Act protects "a woman" from discrimination on the ground of breastfeeding. Senator Blyth said the explanatory memorandum for that section described it as protecting women who breastfeed.

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."

Senator Blyth then asked whether an employer must provide lactation breaks and breastfeeding facilities to a male who claims breastfeeding protection. Dr Cody answered: "They are subject to the same protections as anyone who is breastfeeding."

This is the Commission's reading of the law. It is not a court ruling and it is not a new law. The Commission is not a court.

The medical advice question

Senator Blyth said the practice she described involves hormone treatments and medications given to males, and that published studies are limited and mostly individual case reports. She asked whether the Commission got independent medical advice before putting the topic in its Balancing Act report, released on 19 October.

Dr Cody first pointed to the report. She said its case study is "about a woman who induced lactation" and that she did not accept Senator Blyth's description. After repeated questions she said the Commission reviewed Australian and overseas research and held five stakeholder consultations. Then: "We did not seek medical advice."

Senator Blyth asked her to table the research. Dr Cody pointed to the report's bibliography.

That is what the transcript shows: no medical advice was sought for the report. It does not show whether any doctor was consulted in other ways, and I won't claim it does.

The reaction

United Nations Special Rapporteur on violence against women and girls Reem Alsalem said on X that the position follows if sex and gender identity are treated as the same thing, Daily Mail Australia reported.

Liberal Senator Michaelia Cash told 2GB the Albanese government "couldn't care less about the biological women of this country."

It follows a separate fight in New South Wales. Premier Chris Minns told the NSW Parliament the wording in its breastfeeding policy, which had replaced "women" and "mothers" with "lactating parent" and similar terms, was "strange" and said it would be changed back, Women's Agenda reported. Dr Cody told the committee she would take on notice whether that NSW wording meets the Commission's guidance.

Sources: Senate Legal and Constitutional Affairs Legislation Committee, Hansard, 26 October 2026 (Australian Human Rights Commission) · Parliament of Australia estimates transcript schedule (ref 30032) · Australian Human Rights Commission media release, 19 October 2026 · Daily Mail Australia, 27 October 2026 · 2GB, 27 October 2026 · Women's Agenda, October 2026