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Prostitution in Australia (Sex work in Australia) is governed by state and territory laws, which vary considerably. Federal legislation also affects some aspects of sex work throughout Australia, and of Australian citizens abroad.
Though Australia is largely homogenous in its attitude to prostitution, the legal responses of the nine separate jurisdictions have differed. Some of the differences have been due to political factors. Eastern Australian states and territories liberalised their laws in the late 20th century; but liberalisation has been restricted by upper houses of Parliament of several states, with legislation either defeated or extensively amended. New South Wales was the first state or territory to adopt a different model, decriminalising prostitution in 1979. This became a model for New Zealand and a failed attempt in Western Australia in 2008. Victoria and Queensland adopted different models, based on legalisation—Victoria in 1986 and Queensland in 1992. In the remaining states of Tasmania, South Australia and Western Australia, despite intense debate and many proposed legislative reforms there has been no change in the laws. The Australian Capital Territory adopted partial decriminalisation in 1992, and the Northern Territory allowed partial decriminalisation in 1992 and full decriminalisation in 2019. In all jurisdictions the issue remains divisive, and in the three eastern states with regulated prostitution there has been intermittent review. Much of the information in this article concerns cisgender heterosexual, not homosexual or transgender, prostitution. In Australia, legislation and regulation has progressively replaced the terms "prostitute" and "prostitution" with "sex worker" and "sex work".
The United Nations Programme on HIV and AIDS (UNAIDS), which issues regular statistics on sex work, estimated there were around 20,500 sex workers in Australia in 2016. Scarlet Alliance, a national peer sex worker NGO, provides advocacy for sex workers in Australia.
Independent sex work is legal, but brothels and pimps are banned.
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.[1] The arrival of the Europeans changed this "wife exchange" system, once they started exchanging their European goods for sexual services from Aboriginal women.[1] 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 the Contagious Diseases Acts. Since Federation in 1901, the emphasis has been on criminalising activities associated with prostitution. Although not explicitly prohibiting paid sex, the criminal law effectively produced a de facto prohibition.[2]
Prostitution probably first appeared in Australia at the time of the First Fleet in 1788. Some of the women transported to Australia had previously worked in prostitution, while others chose the profession due to economic circumstances, and a severe imbalance of the sexes. While the 1822 Bigge Inquiry refers to brothels, these were mainly women working from their own homes.[2]
In the colonial period, prior to federation, Australia adopted the Contagious Diseases Acts of the United Kingdom between 1868 and 1879 in an attempt to control venereal disease in the military, requiring compulsory inspection of women suspected of prostitution, and could include incarceration in a lock hospital.[3]
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 on English laws passed between 1860 and 1885, and related to soliciting, age restrictions, brothel keeping, and leasing accommodation.[4]
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 1990 Australian Institute of Criminology report recommended that prostitution not be a criminal offence, since the laws were ineffective and endangered sex workers.[5] The NSW Wood Royal Commission into Police Corruption in 1995 recommended sex work be decriminalised to curb corruption and abuse of power. A survey conducted in the early 2000s showed that 15.6% of Australian men aged 16–59 have paid for sex at least once in their life and 1.9% had done so in the past year. Men who had paid for sex were more likely than other men to smoke, to drink more alcohol, to have had a sexually transmitted infection (STI) or been tested for HIV, to have more sexual partners, to have first had vaginal intercourse before 16, and to have had heterosexual anal intercourse.[6]
The United Nations Programme on HIV and AIDS UNAIDS has estimated the number of sex workers in Australia in 2012–2014 as between 20–25,000.[7] Scarlet Alliance, a national peer sex worker NGO, provides advocacy for sex workers in Australia.[8]
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.[9] 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.[10]
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.[11]
In 2006, the United Nations Office on Drugs and Crime (UNODC), Trafficking in persons: global patterns lists Australia as one of 21 trafficking destination countries in the high category.
Australia did not become a party to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others when it was implemented in 1949. It has implemented in 1999[12] the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,[13] to which it is a party. Australia has also ratified on 8 January 2007 the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, which requires it to prohibit, besides other things, child prostitution. For the purpose of the Protocol, a child is any human being under the age of 18, unless an earlier age of majority is recognised by a country's law. In all Australian jurisdictions, the minimum age at which a person can engage in prostitution is 18 years, although it is argued against the age of consent, and it is always illegal to engage another in prostitution.
Sex work in the Australian Capital Territory is governed by the Sex Work Act 1992, also known as "Anna's Law",[14] 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.[15] 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[16] and the Justice and Community Safety Legislation Amendment Act 2011[17] (Part 1.7), a minor administrative amendment.
Prior to passage of the Prostitution Act 1992, prostitution policy in the Australian Capital Territory (ACT) consisted of "containment and control" under the Police Offences Act 1930[18] This prohibited keeping a brothel, persistently soliciting in a public place, or living on the earnings of prostitution. This law was not enforced. In 1991 a report entitled Prostitution in the ACT: Interim Report (Australian Capital Territory) was produced by the Select Committee on HIV, Illegal Drugs and Prostitution describing the then state of the industry, the shortcomings of the law, and the possible reforms available. Having considered the example of other Australian States that had adopted various other models, the committee recommended decriminalization, which occurred in the 1992 Prostitution Act.[19] Sex workers and brothel owners were required to register with the Office of Regulatory Services (ORS), subsequently Access Canberra, as were escort agencies, including sole operators.[15]
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.[20]
The inquiry was established on 28 October 2010. The committee, chaired by ACT Liberal MLA Vicki Dunne, devised terms of reference that were as follows:
Written submissions were required by 26 February 2011 at which time 58 submissions had been received.[22] Submissions to the committee included Scarlet Alliance.[23] The Alliance requested changes that would allow sex workers to work together, the removal of registration (which is rarely complied with),[24] and the repeal of sections 24 and 25 dealing with sexually transmitted diseases. The Eros Association, which represents the industry also called for removal of registration and for an expansion into residential areas.[24] As in other States and Territories, conservative Christian groups such as the Australian Christian Lobby (ACL) called for criminalising clients. [25] Groups supporting this position included the Coalition Against Trafficking in Women Australia,[26][27] and the Catholic Church.[28] Sex workers argued against it.[29] Ms Dunne stated that the committee would consider exit schemes;[30] however Attorney-General Simon Corbell stated that it was unlikely there will be any substantive changes to the status quo.[31] The committee completed its hearings on evidence on 13 July 2011,[32] and issued its report in February 2012.[33] The Government issued a formal response in June,[34][35][36] stating it would follow most of the recommendations and that the inquiry had affirmed that sex work was a legitimate occupation.
In the October 2012 elections the opposition Liberals campaigned on a platform to oppose allowing more than one sex worker to use a premise in suburban areas[37] but were not successful in preventing a further term of the ALP Green alliance.
Advocacy for sex workers in the ACT is undertaken by SWOP ACT (Sex Work Outreach Project).[38]
New South Wales (NSW) has the most liberal legislation on prostitution in Australia, with almost complete decriminalisation, and has been a model for other jurisdictions such as New Zealand. Brothels are legal in NSW under the Summary Offences Act 1988.[39] The main activities that are illegal are:
According to a 2009 report in the Daily Telegraph, illegal brothels in Sydney outnumbered licensed operations by four to one.[41]
NSW was founded in 1788 and was responsible for Tasmania until 1825, Victoria until 1851 and Queensland until 1859. It inherited much of the problems of port cities, penal colonies, and the gender imbalance of colonial life. Initially there was little specific legislation aimed at prostitution, but prostitutes could be charged under vagrancy provisions if their behaviour drew undue attention. In 1822 Commissioner Bigge reported stated there were 20 brothels in Sydney, and many women at the Parramatta Female Factory were involved in prostitution.[42] The Prevention of Vagrancy Act 1835 was designed to deal with 'undesirables'.[2] In 1848 the Sydney Female Refuge Society was set up in Pitt Street to care for prostitutes; its buildings were demolished in 1901 to make way for the new Central Railway Station.[43]
The 1859 Select Committee into the Condition of the Working Classes of the Metropolis described widespread prostitution. Nineteenth-century legislation included the Criminal Law Amendment Act 1883 and Police Offences Act 1901. Attempts to pass contagious diseases legislation were resisted, and unlike other States, legislative control was minimal till the general attack on 'vice' of the first decade of the twentieth century which resulted in the Police Offences Amendment Act 1908, and the Prisoners Detention Act. Street prostitution was controlled by the Vagrancy Act 1902 (sec. 4[1] [c]) enabling a woman to be arrested as a 'common prostitute'.[2] This was strengthened by an amendment of the Police Offences (Amendment) Act 1908, which also prohibited living on the earnings.
The Vagrancy Act was further strengthened in 1968, making it an offence to 'loiter for the purpose of prostitution' (sec. 4 [1] [k]). These provisions were then incorporated into the Summary Offences Act 1970, s.28.
In the 1970s an active debate about the need for liberalisation appeared, spearheaded by feminists and libertarians, culminating under the Wran ALP government in the Prostitution Act 1979. Eventually NSW became a model for debates on liberalising prostitution laws. But almost immediately, community pressure started to build for additional safeguards, particularly in Darlinghurst ,[2] although police still utilised other legislation such as the Offences in Public Places Act 1979 for unruly behaviour. Eventually, this led to a subsequent partial recriminalisation of street work with the Prostitution (Amendment) Act 1983, of which s.8A stipulates that;
(1) A person in a public street shall not, near a dwelling, school, church or hospital, solicit another person for the purpose of prostitution ...
(2) A person shall not, in a school, church or hospital, solicit another person for the purpose of prostitution.
This resulted in Darlinghurst street workers relocating.[2]
Further decriminalisation of premises followed with the[44] implementation of recommendations from the Select Committee of the Legislative Assembly Upon Prostitution (1983–86). Although the committee had recommended relaxing the soliciting laws, the new Greiner Liberal government tightened these provisions further in 1988 through the Summary Offences Act in response to community pressure.
The current regulatory framework is based on the Crimes Act 1900,[45] Disorderly Houses Act 1943 (renamed Restricted Premises Act in 2002), Environmental Planning and Assessment Act 1979, and Summary Offences Act 1988. The suburbs of King's Cross in Sydney and Islington in Newcastle have been traditional centres of prostitution. New South Wales is the only Australian state that legalises street prostitution. But community groups in those locations have occasionally lobbied for re-criminalisation.[46]
As promised in its 2011 election campaign, the Liberal Party sought review of the regulation of brothels. In September 2012, it issues a discussion paper on review of the regulations.[47] It stated that the purpose was three-fold, the protection of residential amenity; protection of sex workers and safeguarding public health.[9] Nevertheless, there is no evidence of a negative effect of brothels on the community.[48]
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.[49] The last reform was in 2007, with the Brothels Legislation Act.[50] The Liberals were duly elected as the new government in that election.[51]
Advocacy for sex workers in NSW is undertaken by SWOP NSW (Sex Workers Outreach Project).[52]
Sex work including the operation of brothels and street work became legal, subject to regulation, in the Northern Territory in 2019 with the passage of the Sex Industry Act[53] which repealed earlier legislation.[54]
Unlike other parts of Australia, the Northern Territory remained largely Aboriginal for much longer, and Europeans were predominantly male. Inevitably this brought European males into close proximity with Aboriginal women. There has been much debate as to whether the hiring of Aboriginal women (Black Velvet) as domestic labour but also as sexual partners constituted prostitution or not.[55] Certainly these inter-racial liaisons attracted much criticism. Once the Commonwealth took over the territory from South Australia in 1911, it saw its role as protecting the indigenous population, and there was considerable debate about employment standards and the practice of 'consorting'.[56]
Pressure from reform came from women's groups such as Women Against Discrimination and Exploitation (WADE). (Bonney 1997) In 1992 the Prostitution Regulation Act reformed and consolidated the common law and statute law relating to prostitution.[57] The first report of the Escort Agency Licensing Board in 1993 recommended further reform, but the Government did not accept this, feeling there would be widespread opposition to legalising brothels. The Attorney-General's Department conducted a review in 1996. A further review was subsequently conducted in 1998.[58] In 2004 The Suppression of Brothels Act 1907 (SA) in its application to the Territory was repealed by the Prostitution Regulation Act 2004 (NT). Under this legislation brothels and street work were illegal, but The Northern Territory Licensing Commission[59] could license Northern Territory residents for a licence to operate an escort agency business.[60] Sole operators were legal and un-regulated. Sex workers protested against the fact that the NT was the only part of Australia where workers had to register with the police.[61]
The NT Government had consistently rejected calls for legalisation of brothels,[62] and as elsewhere in Australia any liberalisation has been vigorously opposed by religious groups.[63]
The ALP government, elected in 2016, issued a discussion paper in March 2019.[64] Following the consultation period in May, legislation was prepared, and introduced in September as the Sex Industry Bill. It was referred to committee on 18 September, inviting public submissions. The Economic Policy Scrutiny Committee reported on 20 November, with the Government response on the 26th.[65] The Bill was considered and passed by the Legislative Assembly that day, effectively decriminalising prostitution in the Territory, and coming into force on 16 December 2019.[54] The move was welcomed by the United Nations HIV/AIDS Programme (UNAIDS).[66]
Brothels are legal. They are licensed by the Prostitution Licensing Authority (PLA).[67] The PLA reports to the Crime and Misconduct Commission (CMC), which reports to parliament. There are two types of sex work that are legal in Queensland:
All other forms of sex work remain illegal, including more than one worker sharing a premise, street prostitution, unlicensed brothels or massage parlours used for sex work, and outcalls from licensed brothels. The CMC continues to oppose outcall services;[69][70] although this is currently favoured by the PLA.[71]
According to a 2009 report, only 10% of prostitution happens in the licensed brothels, the rest of 90% of prostitution remains either unregulated or illegal. There were 25 known legal brothels in 2009, and 75% of sex work involved outcall.[72][73] There are continuing reports that an illegal sector continues to thrive. [71] In 2012 sex workers in Queen
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