History
Sex work in Australia has operated differently depending on the period of time evaluated. For this reason discussion is divided into three distinct periods: convict, late colonial, and post-federation. Pre-colonial "prostitution" among Aboriginal peoples is not considered here, since it bore little resemblance to contemporary understanding of the term. The arrival of the Europeans changed this "wife exchange" system, once they started exchanging their European goods for sexual services from Aboriginal women. During the convict period, English common law applied, and dealt with brothel keeping, disorderly houses, and public nuisance. The late colonial period viewed prostitution as a public health issue, through theConvict period 1788–1840
Prostitution probably first appeared in Australia at the time of theColonial period 1840–1901
In the colonial period, prior toFederal period 1901–1970s
After federation, criminal law was left in the hands of the states. But criminal law relating to prostitution only dates from around 1910. These laws did not make the act of prostitution illegal but did criminalise many activities related to prostitution. These laws were based onPost 1970s
Since the 1970s there has been a change toward liberalisation of prostitution laws, but although attitudes to prostitution are largely homogenous, the actual approaches have varied. A May 1990Health
Health and safety regulations and peer education have been effective at keeping STIs in the sex worker population at a low level, similar to the general population, and comparable among the states. Although there had been claims that sex workers were responsible for STI levels in mining communities, subsequent research has shown this not to be true.Human trafficking in Australia
The number of people trafficked into or within Australia is unknown. Estimates given to a 2004 parliamentary inquiry into sexual servitude in Australia ranged from 300 to 1,000 trafficked women annually. In 2006, the United Nations Office on Drugs and Crime (UNODC)Australian Capital Territory
Sex work in the Australian Capital Territory is governed by the ''Sex Work Act 1992'', also known as "Anna's Law", following partial decriminalisation in 1992. Brothels are legal, but sex workers were required to register with the Office of Regulatory Services (ORS), subsequently Access Canberra. The ORS also registered and regulated brothels and escort agencies. Sex workers may work privately but must work alone. Soliciting remains illegal (Section 19). Subsequent amending acts include the ''Prostitution Amendment Act 2002'' and the ''Justice and Community Safety Legislation Amendment Act 2011'' (Part 1.7), a minor administrative amendment.History
Prior to passage of the '' Prostitution Act 1992'', prostitution policy in theLegislative review 2011
The legal situation was reviewed again with a ''Standing Committee on Justice and Community Safety's inquiry into the ACT Prostitution Act 1992'', following the death of a 16-year-old woman, Janine Cameron, from a heroin overdose in a brothel in 2008. The inquiry was established on 28 October 2010. The committee, chaired by ACT Liberal MLAAdvocacy
Advocacy for sex workers in the ACT is undertaken by SWOP ACT (Sex Work Outreach Project).New South Wales
History
Early era
NSW was founded in 1788 and was responsible forModern era
= Strengthening the laws
= The ''Vagrancy Act'' was further strengthened in 1968, making it an offence to 'loiter for the purpose of prostitution' (sec. 4 . These provisions were then incorporated into the ''Summary Offences Act 1970'', s.28.= Decriminalisation
= In the 1970s an active debate about the need for liberalisation appeared, spearheaded by feminists andPolitics
Generally prostitution policy in NSW has been bipartisan. But in 2010 the Liberal (centre-right) opposition announced that it would make prostitution reform part of its campaign for the March 2011 State election. The plan would involve a new licensing authority, following revelations that the sex industry had been expanding and operating illegally as well as in legal premises. The Liberals claimed that organised crime and coercion were part of the NSW brothel scene. The last reform was in 2007, with the Brothels Legislation Act. The Liberals were duly elected as the new government in that election. Advocacy for sex workers in NSW is undertaken by SWOP NSW (Sex Workers Outreach Project).Northern Territory
Sex work including the operation of brothels and street work became legal, subject to regulation, in theHistory
Unlike other parts of Australia, theSex Industry Act 2019
In June 2010, the NT Government rejected calls from the NT Sex Workers Outreach Programme for legalisation of brothels. As elsewhere in Australia, legalisation was opposed by theAnti-Discrimination Amendment 2022
On November 2022, the NT Government passed the Anti-Discrimination Amendment Bill giving full protection of sex workers making it the first country in the world to do so.Queensland
Brothels are legal. They are licensed by the Prostitution Licensing Authority (PLA). The PLA reports to theHistory
Much emphasis was placed in colonialSouth Australia
Brothels are illegal in South Australia, under the ''Criminal Law Consolidation Act'' 1935 and the ''Summary Offences Act'' 1953. Soliciting in public places (maximum penalty of $750), receiving money from the prostitution of another, and procuring are illegal ($2,500 or jail for six months), but the act of prostitution itself is not.History
Early era
Despite the intentions of the founders, prostitution became identified early in the history of the colony, known as the 'social evil', and various government reports during the nineteenth century refer to estimates of the number of people working in prostitution. In 1842, within six years of the founding of the colony, it was reported that there were now "large numbers of females who are living by a life of prostitution in the city of Adelaide, out of all proportion to the respectable population". The ''Police Act 1844'' set penalties for prostitutes found in public houses or public places This was consistent with theModern era
While current legislation is based on acts of parliament from the 1930s and 1950s, at least six unsuccessful attempts have been made to reform the laws, starting in 1980. In 1978 one of many inquires was launched. Parliament voted a select committee of inquiry in August, renewed following the 1979 election. The Evidence Act 1978 was amended to allow witness immunity.= Millhouse (1980)
= The committee report (1980) recommended decriminalisation.= Pickles (1986)
= A further bill was introduced in 1986 (Carolyn Pickles ALP MLC 1985–2002) but dropped on 18 March 1987 due to Liberal opposition and community pressure, with a 13–2 vote.= Gilfillan (1991)
= A number of issues kept sex work in the public eye during 1990 and 1991. The next development occurred on 8 February 1991 when= Brindal (1993)
= Another bill came in 1993 and then= Cameron (1998)
= Meanwhile, the Committee released its final report on 21 August 1996, but it was not till 25 March 1998 that= Brokenshire (1999)
= The Liberal Police Minister,= Key–Gago (2012–2013)
= No further attempts to reform the law were been made for some time, however in 2010 a governing= Lensink–Key–Chapman–Franks (2015–2019)
= On 1 July 2015Tasmania
Prostitution is legal, but it is illegal for a person to employ or otherwise control or profit from the work of individual sex workers. The ''Sex Industry Offences Act'' 2005 states that a person must not be a commercial operator of a sexual services business – that is, "someone who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages or is in day-to-day control of a sexual services business". Street prostitution is illegal. This law explicitly outlines that it is illegal to assault a sex worker, to receive commercial sexual services, or provide or receive sexual services unless aHistory
Prostitution has existed inTwentieth century
More specific legislation dates from the early twentieth century, such as the Criminal Code Act 1924 (Crimes against Morality), and the Police Offences Act 1935. Efforts to reform legislation that was clearly ineffective began in the 1990s. Prior to the 2005 Act, soliciting by a prostitute, living on the earnings of a prostitute, keeping a disorderly house and letting a house to a tenant to use as a disorderly house were criminal offences. Sole workers and escort work, which was the main form of prostitution in the stat, were legal in Tasmania. Reform was suggested by a government committee in 1999. In December 2002 Cabinet agreed to the drafting of legislation and in September 2003, approved the release of the draft Sex Industry Regulation Bill for consultation. The Bill proposed registration for operators of sexual services businesses. Consultation with agencies, local government, interested persons and organisations occurred during 2004, resulting in the ''Sex Industry Regulation Bill 2004'' being tabled in Parliament in June 2005. The Bill was supported by sex workers, The Bill included offence provisions to ensure that Tasmania met its international obligations under the United Nations Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (signed by Australia in 2001.) It passed the House of Assembly and was tabled in the Legislative Council, where it was soon clear that it would not be passed, and was subsequently lost. It was replaced by the Sex Industry Offences Act 2005. Essentially, in response to protests the Government moved from a position of liberalising to one of further criminalising. The Act that was passed consolidated and clarified the existing law in relation to sex work by providing that it was legal to be a sex worker and provide sexual services but that it was illegal for a person to employ or otherwise control or profit from the work of individual sex workers. A review clause was included because of the uncertainty as to what the right way to proceed was. The Act commenced 1 January 2006.2008 review
In 2008, the Justice Department conducted a review of the 2005 Act and received a number of submissions, in accordance with the provisions of the Act. The report was tabled in June 2009 and expressed concerns about the effectiveness of the legislation, and suggested considering alternatives. In June 2010, the Attorney-General2012 review
Wightman released a discussion paper in January 2012. This was opposed by religious conservative groups, some feminist groups as well as community organisations with concerns about the potential a legalised sex industry to bring organised crime to the state, and included presentations from other States such asVictoria
History
Victoria has a long history of debating prostitution, and was the first State to advocate regulation (as opposed to decriminalisation in New South Wales) rather than suppression of prostitution. Legislative approaches and public opinion in19th century
Laws against prostitution existed from the founding of the State in 1851. The ''Vagrant Act 1852'' included prostitution as riotous and indecent behaviour carrying a penalty of imprisonment for up to 12 months with the possibility of hard labour (Part II, s 3). The ''Conservation of Public Health Act 1878'' required detention and medical examination of women suspected of being prostitutes, corresponding to theEarly 20th century
The ''Police Offences Act 1907'' prohibited 'brothel keeping', leasing a premise for the purpose of a brothel, and living off prostitution (ss 5, 6). Despite a number of additional legislative responses in the early years of the century, enforcement was patchy at best. Eventually amongst drug use scandals, brothels were shut down in the 1930s. All of these laws were explicitly directed against women, other than living on the avails. In the 1970s brothels evaded prohibition by operating as 'massage parlours', leading to pressure to regulate them, since public attitudes were moving more towards regulation rather than prohibition. Initial attempts involved planning laws, when in 1975 the Melbourne Metropolitan Planning Scheme allowed for the operation of these parlours, even though they were known to be brothels, indeed the approval process required assurances that they would not be operated as such but this was not enforced. Community concerns were loudest in the traditionalLate 20th century: From prohibition to regulation
A Working Party was assembled in 1984 and led to the ''Planning (Brothel) Act 1984'', as a new approach. Part of the political bargaining involved in passing the act was the promise to set up a wider inquiry. The inquiry was chaired by Marcia Neave, and reported in 1985. The recommendations to allow brothels to operate legally under regulation tried to avoid some of the issues that arose in New South Wales in 1979. It was hoped that regulation would allow better control of prostitution and at the same time reduce street work. The Government attempted to implement these in the ''Prostitution Regulation Act 1986''. However, as in other States, the bill ran into considerable opposition in the upper house, was extensively amended, and consequently many parts were not proclaimed. This created an incoherent patchwork approach.21st century
In February 2022, Victoria passed legislation to decriminalise sex work. "The Sex Work Decriminalisation Act 2021" will partially abolish street-based sex work offences and associated public health offences, remove the licensing system and move to regulate the industry through existing agencies." From 1 December 2023, a sex services business will be able to operate exactly the same way as any other business in Victoria.Regulatory framework
In 1992 a working group was set up by the Attorney-General, which resulted in the ''Prostitution Control Act'' 1994 (PCA) (now known as the ''Sex Work Act 1994'') This Act legalises and regulates the operations ofCurrent situation
Premises-based sex work
In November 2005, 95 licensed brothels existed in Victoria and a total of 2007 small owner-operators were registered in the state (Of these, 2003 were escort agents, two were brothels, and two were combined brothels and escort agents.) Of the 95 licensed brothels, 505 rooms existed and four rooms were located in small exempt brothels. Of 157 licensed prostitution service providers (i.e. operators), 47 were brothels, 23 were escort agencies and 87 were combined brothel-escort agencies. In March 2011, government data showed the existence of 98 licensed brothels in Victoria. Based on the statements of William Albon, a representative of the Australian Adult Entertainment Industry (AAEI) (formerly the Australian Adult Entertainment Association (AAEA)), the number of illegal brothels in Victoria was estimated as 400 in 2008, with this estimation rising to 7,000 in 2011. In 2011 ''News.com.au'' published an estimate of 400 illegal brothels in the Melbourne metropolitan area—the article cited the news outlet's engagement with the Victorian State Government's Business Licensing Authority (BLA), the body responsible for registering owner-operated sex work businesses, but does not clarify from where or whom it obtained the estimate. However, a 2006 study conducted by the University of Melbourne, Melbourne Sexual Health Centre and Victoria'sStreet sex work
As of April 2014,The Advisory Group seeks to use law enforcement strategies to manage and, where possible, reduce street sex work in the City of Port Phillip to the greatest extent possible, while providing support and protection for residents, traders and workers. It proposes a harm minimisation approach to create opportunities for street sex workers to leave the industry and establish arrangements under which street sex work can be conducted without workers and residents suffering violence and abuse ... A two-year trial of tolerance areas and the establishment of street worker centres represents the foundation of the package proposed by the Advisory Group. Tolerance areas would provide defined geographic zones in which clients could pick-up street sex workers. The areas would be selected following rigorous scrutiny of appropriate locations by the City of Port Phillip, and a comprehensive process of community consultation. Tolerance areas would be created as a Local Priority Policing initiative and enshrined in an accord. Ongoing monitoring would be undertaken by the City of Port Phillip Local Safety Committee.The concluding chapter of the report is entitled "The Way Forward" and lists four recommendations that were devised in light of the publication of the report. The four recommendations are listed as: a transparent process; an implementation plan; a community consultation; and the completion of an evaluation. The June 2010 Victorian Recommendations of the Drug and Crime Prevention Committee were released nearly a decade later and, according to SA:
... if implemented, will criminalise, marginalise and further hurt migrant and non- migrant sex workers in Victoria; a group who already face the most overbearing regulatory structures and health policies pertaining to sex workers in Australia, and enjoy occupational health and safety worse than that of their criminalised colleagues (Western Australia) and far behind those in a decriminalised setting (New South Wales).Alongside numerous other organisations and individuals, SA released its response to the recommendations of the Committee that were divided into two sections: 1. Opposition to all of the recommendations of the Victorian Parliamentary Inquiry 2. Recommendations from the Victorian Parliamentary Committee to the Commonwealth Government. The list of organisations in support of SA's response included Empower Foundation, Thailand; COSWAS, Collective of Sex Workers and Supporters, Taiwan; TAMPEP (European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers); Sex Workers Outreach Project USA; Maria McMahon, Former Manager Sex Workers Outreach Project NSW and Sex Services Planning Advisory Panel, NSW Government; and Christine Harcourt, Researcher, Law & Sex Worker Health Project (LASH) for the University of NSW National Centre in HIV Epidemiology and Clinical Research and Faculty of Law and University of Melbourne Sexual Health Unit School of Population Health.
HIV
In terms of HIV, a 2010 journal article by the Scarlet Alliance (SA) organisation—based on research conducted in 2008—explained that it is illegal for a HIV-positive sex worker to engage in sex work in Victoria; although, it is not illegal for a HIV-positive client to hire the services of sex workers. Additionally, according to the exact wording of the SA document, "It is not a legal requirement to disclose HIV status prior to sexual intercourse; however, it is an offence to intentionally or recklessly infect someone with HIV."Economics
Between 1995 and 1998, the Prostitution Control Board, a state government body, collected $991,000 Australian in prostitution licensing fees. In addition, hoteliers, casinos, taxi drivers, clothing manufacturers and retailers, newspapers, advertising agencies, and other logically-related businesses profit from prostitution in the state. One prostitution business in Australia is publicly traded on the Australian stock exchange.Criticism
Western Australia
Like other Australian states, Western Australia has had a long history of debates and attempts to reform prostitution laws. In the absence of reform, varying degrees of toleration have existed. The current legislation is the ''Prostitution Act 2000'', with some offences under the ''Criminal Code'', ''Health Act'' 1911 (addressingHistory
Early period
Legislation addressing prostitution in Western Australia dates from the introduction of English law in 1829, specifically prohibiting bawdy houses (''Interpretation Act''). Prostitution in Western Australia has been intimately tied to the history of gold mining. In these areas a quasi-official arrangement existed between premise owners and the authorities. This was frequently justified as a harm reduction measure. Like other Australian colonies, legislation tended to be influenced by developments in Britain. The ''Police Act 1892'' was no different, establishing penalties for soliciting or vagrancy, while the ''Criminal Law Amendment Act 1892'' dealt with procurement. Brothel keepers were prosecuted under the ''Municipal Institutions Act 1895'', by which all municipalities had passed brothel suppression by-laws by 1905.Twentieth century
Laws were further strengthened by the ''Police Act Amendment Act 1902'', and ''Criminal Code 1902''. Despite this the brothels of= Gallop Government (2001–2006)
= Under the new= Carpenter Government (2006–2008)
= Much of the debate on the subject under this government centred on the Prostitution Amendment Act 2008, introduced in 2007 by= Barnett Government (2008–2017)
= In opposition the ALP criticised the lack of action on prostitution by the coalition government. The debate had been reopened when the Liberal-NationalProstitution Bill 2011 On 14 June 2011 the Minister made a "Green Bill" (draft legislation) available for public comment over a six-week period. Porter explained the purpose of the legislation thus: "The Prostitution Bill 2011 will not only ban brothels from residential areas but also ensure appropriate regulatory and licensing schemes are in place for those very limited non-residential areas where prostitution will be permitted and heavily regulated." A FAQ sheet was also developed. Publication of the Bill did not shift the debate—which remained deeply polarised, with any legalisation bitterly opposed by conservative religious groups—despite Porter's assurances that his government did not condone sex work. Sex Workers and health organisations remained just as committed to opposing the proposals. Following consultation, the government announced a series of changes to the bill that represented compromises with its critics, and the changes were then introduced into parliament on 3 November 2011, where it received a first and second reading. Sex workers continued to stand in opposition. Significantly, the opposition Labor Party opposed the bill, both political parties agreeing on the need to decriminalise the indoor market, but differing in approach. Since the government was in a minority, it required the support of several independent members to ensure passage through the Legislative Assembly. In practice, it proved difficult to muster sufficient public support, and the Bill did not attract sufficient support in parliament either. Porter left State politics in June 2012, being succeeded by
= McGowan Government (2017–)
= In the election campaign of 2017, prostitution law reform was among the topics debated, and the Barnett government defeated with a return to power of the ALP. Public discussion of reform has continued since, with lobbying on both sides of the question, while a further review of the industry, following up on the 2010 (LASH) report, continued to recommend decriminalisation (The Law and Sex worker Health, LASH reports).Overseas territories
Christmas Island
Cocos (Keeling) Islands
Norfolk Island
Previously a self-governing Australian territory, the ''Norfolk Island Applied Laws Ordinance 2016'' applied Australian federal law and the state laws of New South Wales toSee also
*References
Bibliography
Books and monographs
* * * * * * * *Australian Institute of Criminology
* * *Articles
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* , in * Marcia Neave, ''Prostitution laws in Australia: Past history and current trends'' pp. 67–99, inStates and territories
Australian Capital Territory
* , in * * *New South Wales
* *Northern Territory
* * * * *Queensland
* *South Australia
* * * * * * *Tasmania
* * * * * *Victoria
*Western Australia
;Books * ;Reports * * ;Articles * * * * * * ;Websites * * * * * * * * * * ;Legislation * * ''see also'