Australian Sex Industry Laws are determined by State and Territory Governments. Federal laws criminalize ‘trafficking’ with or without consent and ‘sex slavery’ regardless of sex workers’ consent to such work conditions.
Why legalise sex work?
The ongoing debate about the legitimacy of prostitution inextricably links to the pervasiveness of sex trafficking. Many people think that if sex work were no longer illegal, sex trafficking and the conditions of sex workers would be much better. Bring the sex trade out of the shadows, these people say, and it will be easier to regulate, which means sex workers will be safer.
When everyone is on the same page, everything gets easier
Enacting criminal penalties for sex work would push the sector underground. This makes it difficult to control and ensure the protection of sex workers and their employers. Included in the list of safety standards is the need to test sex workers for HIV and other STDs. In nations where the sex trade is legal, sex workers are subject to stringent monthly testing, which has led to a dramatic decline in the prevalence of sexually transmitted diseases (STDs).
Potential legal consequences could
Because of the shame and legal consequences associated with their profession, sex industry workers find it difficult to band together for the purpose of advancing their rights and welfare. Furthermore, this hinders the ability of government and non-governmental organizations providing social assistance to reach out to those involved in the sex labor business.
Victoria
Advertising in Victoria
On 22 February 2022 the Sex Work Decriminalisation Bill 2021 was passed by Victorian Parliament. The new laws recognise that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.
Advertising brothels is allowed.
Advertising escort agencies is allowed.
Advertising massage parlors is allowed
Brothel Work in Victoria
A brothel is defined as any premises made available for the purpose of sex work services at those premises. (Sex Work Act 1994) If you work in a licensed brothel- the brothel itself registers under the licensing system (i.e. as an individual sex worker working in a licensed brothel. You do not need to register with BLA and obtain an SWA number to comply with the laws. As the brothel itself registers with a license in that case.
XE denotes “Exempt Escort” in a registration number BE denotes Licensed Brothel in a registration number. If you wish to work independently registering as a small owner operator exempt brothel is required under the laws in Victoria.
Licensed (Commercial) Brothels in Victoria
Brothels are regulated by local council planning. This means the place you work from has requirements outlined in the Planning and Environment Act 1987 and requires a planning permit issued by the Council for it to be a licensed brothel. Councils primarily monitor compliance with planning requirements. Currently brothels are limited to 6 rooms (Sex Work Act 1994). Some older brothels, established before June 1995, are larger.
You have the right to refuse to see a client if you think the situation is unsafe or you think the client may be violent. You can’t be fined or punished in any way for refusing a client according to the law under Sex Work Regulations 2006. The Public Health and Wellbeing Act (2008) states. That sex workers must be provided with a free supply of condoms and lubricants at no charge in a brothel.
Escort Agencies in Victoria
Escort Agency means a business of facilitating or providing sexual services to persons at premises not made available by the agency. You get your bookings from the agency, usually by phone. If you work for an escort agency you might only visit the agency office once a week. so, to hand over the agency’s share of your weekly takings.
When a client contacts the agency, the receptionist must describe you accurately. So that expectations of you are in line with who you are. However, it’s up to you not the agency or receptionist to negotiate with the client. For the sexual services you will be providing.
The licensee must make sure you are supplied with a one way or two-way electronic device. Such as a mobile phone, radio intercom or a buzzer. So you can contact the licensee or approved manager at any time while you are working (Sex Work Regulations 2006.
You have the right to refuse a booking if you think the situation is unsafe or the client may be violent. The agency should not force you to do the booking or fine or punish you for not doing a booking.
Private Escorts in Victoria
Victorian legislation stipulates various requirements for individuals to work alone and be in compliance with the regulations. A small owner-operator escort service is referred to as a Small Owner-Operated (Exempt) Brothel in legislation.
This means that private workers- working by themselves or with up to one other worker. Do not need to register to obtain a brothel license. You do however, need to register as an exempt brothel. And obtain an SWA number in order to comply with the law in Victoria. If you are working with another sex worker they need to register as well to comply with the law.
Street Work in Victoria
Street sex work is criminalized and is heavily actively policed. There are police in marked police cars as well as undercover police posing as both sex workers and clients. There have been broad ongoing discussions about the decriminalization. Towards street-based sex work for decades but no action from government.
Street Based Sex Workers have been charged under Section 13 of the Sex Work Act 1994. Which states that a person must not for the purpose of sex work solicit. Or accost any person or loiter in a public place.
Queensland
Advertising in Queensland
There are rules for how prostitution can be advertised in Queensland.
Ads published in Queensland must meet Queensland guidelines, even if the ad is placed from outside Queensland or published on a website located outside Queensland.
Under the Act, advertisements cannot be published if they:
- describe the sexual services offered,
- might induce a person to seek employment as a sex worker,
- state, directly or indirectly, that the person’s business provides or is connected with massage services.
The most acceptable form of advertising is in the newspaper (TV, radio and video are specifically not allowed), and there is an ‘approved form’ of advertising which all newspapers are aware of. This is affected by the changes made which came into effect 6th August 2019.
Advertising for Adult jobs is allowed in Newspapers. But it’s complicated as not allowed on TV and Radio.
Advertising brothels is allowed with channel restrictions as to where it can be advertised. Preferably on an adult entertainment website.
Advertising escort agencies is allowed with channel restrictions as to where it can be advertised. Preferably on an adult entertainment website.
Advertising massage parlors is allowed not clear because advertising massage parlors is not mentioned.
There are two ways to potentially do sex work legally in Queensland:
- Working Privately – Is legal in Queensland, but it is an offence to work in pairs or with the support of another person. There are also a range of strict advertising guidelines- last updates regarding advertising came into force 6th August 2018.
- Sex work conducted in a licensed brothel is legal in Queensland.
Any other form of sex work is illegal in Queensland. This includes unlicensed brothels or parlours, street workers, two sex workers sharing one premise. And out-calls provided by a licensed brothel.
How does the Law Affect Private Operators in Queensland?
Private sex workers are legal. Private businesses however are heavily restrictions regarding the way you can operate. A single sex worker must not be found on premises with any other person. Unless the other person has a current crowd controller’s license under the Security Providers Act 1993. And is only participating in the provision of prostitution as a bodyguard.
Organizing a double booking with another worker is illegal. And workers have been busted for it resulting in a criminal record for life stating. That they have contravened the Prostitution Control Act. Having a receptionist is illegal. The 2009 Amendment Bill meant private sex workers were granted a legal pathway to advise someone of their movements. But only if this person is not also a sex worker. Paying a driver is illegal.
Northern Territory
Advertising in the Northern Territory
Updated
Sex work has now been decriminalised in the Northern Territory — with the Territory Parliament voting 16-5 to repeal the Northern Territories sex work laws and pass a new act.
Agencies cannot advertise for sex workers (staff) within the Northern Territory. In any advertisement in the paper the agency name must also be with the advertisement. You cannot advertise on radio or TV. It is ok for an agency to advertise for reception staff in the newspaper however, you must state that there are no other duties involved.
It is ok to advertise “prostitution services” in the newspaper but there are restrictions on what you can include in the ad. The ad must be in the “Adult Entertainment” section of the classifieds. You can only show a person’s head and face in an ad – no other parts of the body.
You cannot describe yourself, others or an agency by age, race, color or ethnic origin. You cannot refer to any physical attributes and if you say massage. Or masseur you must actually say ‘erotic massage’ or ‘erotic masseur’. The ad in the paper cannot be any bigger than 3.5cm by 4.5cm.
You can;
- advertise on T-shirts,
- distribute brochures to Hotels/Motels,
- sponsor sporting or charity events,
- have a website (which you can then advertise but not in the NT News)
- hand out business cards (as long as they don’t mention ‘prostitution services’ or use the opportunity to solicit for work)
Advertising for Adult jobs is allowed in the Newspaper but with limitations as mentioning prostitution services.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
Private Sex Workers
The Prostitution Act applies to private workers even though they are not required to be registered with the police. Or licensed through the Licensing Commission. Within the legislation everyone is considered as an escort business. However, you only need to apply for a license if you want to work with or employ other people.
Street Based Sex Work in the Northern Territory
Street work and soliciting is illegal. It is an offence to stand in a public place in order to get work.
Escort Agencies in the Northern Territory
If someone wants to start an escort agency, they must apply through the Licensing Commission for an operator’s licence. This is how the Licensing Commission regulates the industry. The Licensing Commission can place conditions or restrictions on the licences. They can suspend or cancel a licence if they decide the conditions are being breached. They can ask the police to investigate complaints made against the agency.
And the police can enter an escort agency without permission if they think it is necessary. The licences must be renewed every 12 months. One of the conditions of the licence is that the operator may also have to employ a manager. If there is a manager then they too will need to apply for a separate manager’s licence.
Escort Agency Licences
The operator is the person who owns the business. The manager is the person who manages the running of the business. To be eligible to get an operator’s or manager’s licence you must be over 18. Be a resident of the Northern Territory, have no convictions of “a disqualifying offence. Or have a business or domestic partner who has convictions for a disqualifying offence.
Brothels in the Northern Territory
Brothels are illegal in the Northern Territory. This means that you cannot use the same premises to organize AND provide a sex service. It also prevents people from working together without escort agency licenses. When more than one person is working, they must be licensed through the Licensing Commission and have current police certificates.
Australian Capital Territory (ACT)
Advertising for Adult jobs is not clear due to the lack of information.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
Legal Situation in the ACT for Sex Work. Below is an explanation of the laws described in the ACT’s Sex Work Act 1992.
On the 10th August 2018, the Prostitution Act 1992 (ACT) was replaced with the Sex Work Act 1992 (ACT). The Sex Work Act 1992 (ACT) has introduced a number of significant changes to ensure the rights and safety of ACT sex workers. One such change was the updating of terminology to replace outdated terms such as ‘prostitute’ with non-judgmental. Gender-neutral terminology, such as ‘sex work’ and ‘sex worker’.
Street Based Sex Work in ACT
In the ACT, street sex work is criminalized, and workers may be arrested for soliciting. Or loitering for extended periods for the purpose of prostitution. Section 19 of the Sex Work Act 1992 (ACT) states “A person must not, for the purpose of offering. Or procuring commercial sexual services, accost any person, or solicit or loiter, in a public place.
Brothels/Studios/Agencies Registration in ACT
The Sex Work 1992 (ACT) asks commercial brothels and escort agencies to register with the Commissioner of Fair Trading. 7 days before the day the brothel or escort agency begins to operate. Brothel registration information is available to the public (Sex Work Act 1992 (ACT), Section 11).
Private Work in ACT
The Sex Work Act 1992 (ACT) refers to private sex workers as ‘sole operator brothels’ or ‘sole operator escorts. It is not an offence for a private sex worker to work from a premise provided that private workers are operating alone. Since the passage of the Sex Work Act 1992 (ACT). Private workers are no longer required to register with the Department of Fair Trading. Although private workers are prevented by law from sharing work premises.
Western Australia
Advertising for Adult jobs is not clear due to the lack of information.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
In Western Australia sex work is largely governed by the Prostitution Act 2000. A smaller number of offences are also contained in the Criminal Code. The Health Act 1911 and the Liquor Control Act 1988.
The criminal laws in Western Australia formally prohibit most prostitution related activities, for example soliciting sex in public. However, like the laws in many common law jurisdictions, the act of prostitution in itself is not an offence.
Section 8 of the Prostitution Act 2000 states that it is an “offence for a person to engage in an act of prostitution. Without using a prophylactic that is appropriate for preventing the transmission of bodily fluid from one person to another. Both the worker and the client may be charged under this section.
Brothels in WA
The offences prohibiting brothel keeping or management are contained in s 190 of the Criminal Code. Section 190 is broadly drafted and prohibits a wide variety of acts relating to premises used for the purposes of prostitution. Keeping, managing, assisting in the management, being the tenant, lessee or occupier, lessor, landlord, agent or rent collector.
Private workers in WA
There appear to be no prohibitions regarding the conduct of an escort business or the work of escorts. It was held in Powell v Devereaux Supreme Court of Western Australia, 12 June 1987, Appeal No 1053 of 1987. That the brothel keeping offence under s 76F of the Police Act. Does not extend to the running of an escort agency where the workers and clients met elsewhere.
However, as noted by the Law Reform Commission of Western Australia. A prosecution for the offence of live on the earnings may extend to those involved in the running of an escort agency. For private workers working from home, it is a bit of a legal grey area. Some legal rulings have given the feeling that if one worker is working from home. And it is primarily their home, then this is permissible.
Street Based Sex Work in WA
In WA, Street-Based Sex Work is criminalized and there is a punitive approach in place to enforce the legislation. The quotes below outline the key laws affecting street-based sex worker in Western Australia. Under the Prostitution Act 2000 (WA) (s24), any person suspected of engaging in.
Or intending to engage in street prostitution as either a prostitute or client, can be issued with a move-on notice. Which prevents them from returning to a specified inner-city area for up to 24 hours, even if their residence is in this area.
For those street workers who live in the exclusion zone. A move on notice or restraining order may mean being unable to return to their home. Resulting in disturbances to the lives of their partners and children.
Tasmania
Advertising for Adult jobs is not clear due to the lack of information.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
Sex work in Tasmania is legal if NO MORE than two sex workers work together, however there are conditions. Historically Tasmania has a heavily criminalized sex industry. And previous to the introduction of the current Sex Industry Offences Act in 2005 “prostitution” was dealt with under the police offences act and included crimes such as “running a bawdy house” and “living off the earnings of prostitution”.
Today, brothels and street-based sex work remain illegal. It is illegal to knowingly be a client of a sex worker working in a commercial sexual services business. However, private sex work is legal and you are permitted to work from a hotel or residence.
Brothels in Tasmania
A commercial sexual services business means a sexual services business operated or managed by a commercial operator. This also includes any instance where more than two sex workers, working together. It is illegal to operate, own, manage or be in day-to-day control of a “commercial sexual services business.
Being a Sex Worker (in and of itself) is not Criminalised in Tasmania
A sexual services business is a business owned and operated by a single sex worker, or no more than two sex workers working in partnership, where neither employs nor manages the other worker. This type of business (referred to in the Sex Industry Offences Act 2005 as being a “self-employed sex worker”) is legal in Tasmania.
Police may arrest people whom they ‘reasonably consider’ to be illegally operating a commercial sexual service business. The police have the power to arrest without a warrant when investigating non-compliance of the Act.
The Act Protects a Prosecution witness’s Identity and Evidence
This allows people to give information to the police without the need to be identified. A person charged under the Act may not be able to find out what evidence the police have been given which may result in an inability to adequately represent oneself.
Street-based Sex Work in Tasmania
All street-based sex work is criminalized. The Act has reversed old “Living Off the Earning” clauses from the Tasmanian Criminal Code
Southern Australia
Advertising for Adult jobs is not clear due to the lack of information.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
Sex Work is criminalized in South Australia via a range of offences contained in the Summary Offences Act and the Criminal Law Consolidation Act. There is an active law reform campaign which has seen a bill for the full decriminalization of sex work. Introduced into the Legislative Council in 2015 and then again in 2018- as of September 2019. This bill remains before the parliament.
The Statutes Amendment (Decriminalisation of Sex Work) Bill was introduced to the South Australian Legislative Council in July 2015. where it had its first reading. The Statutes Amendment needs to go through a second reading. And pass both houses of Parliament before it can become law. In July 2017 the Decriminalisation Bill passed the Upper House, with no amendments
Brothels in Southern Australia
The definition of a brothel is pivotal to enforcement of most of the above charges. Because law enforcers must prove that the alleged offence occurred in a brothel. Or indeed that a premise is a brothel. The definition contained in the Summary Offences Act (1953) Section 27 states that; ‘brothels means premises. (a) to which persons resort to for the purposes of prostitution or (b) occupied or used for the purposes of prostitution (premises include a part of premises).
This definition is quite broad and could even, for example, be used to encompass an escort agency office/premises. If it were to openly operate and admit to providing commercial sexual services rather than escort services. However, while escort agencies continue to maintain that they only provide “company” for clients. It is difficult for law enforcers to prove otherwise and thus brothels are usually premises where commercial sex takes place.
A client’s home is not considered to be a brothel even if a client uses sex work services at their residence regularly. The same applies to hotels/motels under normal circumstances. Occasionally, however, when rooms have been let out on a regular basis for the purpose of commercial sex. Hotel proprietors/managers have been charged with keeping a brothel.
A sex worker’s own home may be defined as a brothel and she/he may be charged with keeping a brothel. Even if the private sex worker is the only person working from the premises. Advertising usually alerts the police to suburban sex workers working discreetly from residential settings. Even if neighbors and surrounding residences are not aware of the existence. And/or nature of their neighbor’s home-based business.
Escorts in Southern Australia
Escort based sex work, although a more modern context for sex industry work. Has flourished in light of the prohibitive brothel-based sex industry laws. Escort agencies also operate as masked businesses. In that operators maintain that they provide staff for the company of clients rather than for sexual services. Because the latter could leave operators open to the sex industry related charges. Of “living off the earnings” and “procuring” a person to become a sex worker.
Street-based Jobs in Southern Australia
The Summary Offences Act section 25 (a), (b) makes it illegal “to solicit or loiter in a public place for the purpose of prostitution”. Condoms can be used as evidence by police.
New South Wales
Advertising
Advertising premises are used or a person is available prostitution; Summary Offences ACT 1988 s.18.
Advertising for Adult jobs is not clear due to the lack of information.
Advertising brothels it’s complicated and not clear due to the lack of information.
Advertising escort agencies it’s complicated and not clear due to the lack of information.
Advertising massage parlors it’s complicated and not clear due to the lack of information.
The current model is decriminalization – lobbied for by sex workers throughout the world as the only model of sex industry regulation. That supports sex workers health and safety and human rights.
Brothels in New South Wales
Street sex work is lawful as long as it is not near or within view of a school, church, hospital or dwelling. ‘Brothels’ are regulated by local councils, just like other businesses. The definition of a brothel or sex services premises in NSW, the law defines a brothel very broadly.
They are premises that: are used for sex work or have been used for prostitution. And are likely to be used for it again or have been advertised or represented as being used for prostitution. If sexual services are advertised or available in a premise it is legally defined as a brothel. No matter what the business is set up for, and even if the premises is only used by one sex worker.
Legal Age for Sex Workers According to the Law
According to NSW law. Anyone over 18 may provide sexual services to a person over the age of consent in exchange for money, goods or favours. No one may employ a person under 18 as a sex worker under NSW law.
The law defines a person under 18 as a child. It is a serious crime to: -force a someone under 18 to participate in sex work -benefit from sex work involving someone. Or people under the age of 18 and/or -allow premises to be used for someone under the age of 18 to do sex work.
If a sex worker is under 18 years old, they themselves cannot be charged as they are not committing an offence by working. Only the person who employs them is. But Police and the Department of Community Services can use child protection laws. To make rulings about people who are under 18 who they “believe are at risk of harm.”
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