KEY TAKEAWAYS<\/h2>\n
Where is prostitution legal in Australia? Sex work is legal in
\nNew South Wales, Northern Territory and Victoria. However, it’s
\nstill illegal to conduct sex work in South Australia and Western
\nAustralia. Queensland, Tasmania and the ACT have legalised sex work
\nto a limited extent.<\/p>\n
Prostitution by definition is essentially sex work, which is the
\nmodern ‘umbrella’ term used to describe the exchange of
\nsexual services for money or other reward.<\/p>\n
There is no official or current data regarding the number of sex
\nworkers in Australia, but in 2014, the UN estimate there were
\naround 20,500 across the country.<\/p>\n
Across Australia, each state and territory has its own laws
\nregarding prostitution or sex work.<\/p>\n
Sex work is largely decriminalised in New South Wales, the
\nNorthern Territory and now Victoria.<\/p>\n
In Queensland, Tasmania, and the ACT some sex work is
\nlegalised.<\/p>\n
Sex work remains largely criminalised in South Australia and
\nWestern Australia.<\/p>\n
Advocates have campaigned across the country for
\ndecriminalisation, to enable safer working conditions for sex
\nworkers and to ensure the industry can be better regulated.<\/p>\n
Here is more information on the
Is sex work legal in NSW? New South Wales has the most
The process of decriminalisation began in 1979, where criminal
In 1995, most aspects of sex work were decriminalised.<\/p>\n It is legal for a person who is over 18 to provide sexual
Furthermore, street-based sex work is legal provided that it
The maximum penalty for soliciting clients or prostitutes, in
Sexual service premises, such as brothels, operate lawfully in
Such premises are regulated by local councils like other
If a premises is held out as being available for massage
A maximum penalty of a $550 fine and\/or 3 months imprisonment is
Advertising premises used for prostitution is also banned under
Other offences apply, in order to protect the exploitation of
These include that it is an offence for an adult to ‘live
This carries a maximum penalty of $1,100 fine or 12 months
Furthermore, it is an offence to, by coercive conduct or undue
This carries a maximum penalty of a fine of $5,500 and\/or 12
Tougher penalties apply under the Crimes Act 1900<\/em>
Furthermore, it is an offence to by any means, cause or induce a
This carries an applicable maximum penalty of 14 years
A child is defined as a person who is under 18 years of age.<\/p>\n Sex work was decriminalised in the Northern Territory in 2019,
Brothels, soliciting and home-based sex work are no longer
However, brothels and soliciting are prevented from being next
Other offences remain under the Sex Industry Act 2019.<\/p>\n As with the other legalised states, inducing a person to perform
It is punishable by a maximum penalty of 5 years imprisonment,
Causing or allowing a child to perform sex work or work in sex
Furthermore, it is an offence for a sex worker to imply that
A maximum penalty of a $3,140 fine is applicable.<\/p>\n Victoria has recently decriminalised sex work, becoming the
The first stage of decriminalisation, commencing May 2022,
The second stage of reform, commencing in December 2023, will
The Sex Work Act 1994<\/em> (Vic) will be abolished, and
Street-based sex work is now legal in Victoria except in limited
It is an offence for sex work to be carried out near schools,
The maximum penalties applicable, includes a $1,817.40 fine or 1
Other offences, protecting the exploitation of sex workers and
It is an offence to induce a person to engage in commercial
A maximum penalty of 10 years imprisonment is applicable,
Causing or inducing a child to take part in commercial sexual
Furthermore, a maximum penalty of 15 years imprisonment is
In Queensland, sex work is legal, provided that it is conducted
An application must be submitted to the local government
Street-based sex work is banned in Queensland, with soliciting
A maximum penalty of a $2,067.75 fine is applicable for a first
Furthermore, sex work must not occur without some form of
A maximum penalty of a $1,378.50 fine is applicable where a sex
As found across Australian jurisdictions, Queensland also
A maximum penalty of a $27,570 fine and\/or 7 years imprisonment
Sex work is also governed under Chapter 22A of the
It specifies that sole operator sex workers may work privately
Where the provision of sex work is deemed ‘unlawful’, a
If the person engaged in prostitution is a child or a person
Being found in, or leaving a place, suspected on reasonable
A maximum penalty of 3 years imprisonment applies for a first
In proving whether business of prostitution is being carried on,
However, evidence of condoms and other material for safe sex
The Queensland Law Reform Commission is currently reviewing the
Sex work has been legal in the Australian Capital Territory
Owners of brothels or escort agencies must register their
Sole operator sex workers are no longer required to register;
Street-based sex work remains illegal in the ACT, with section
If the person offered commercial sexual services in a public
Operating a brothel, other than in a prescribed location, is
Causing child to provide commercial sexual service is punishable
The Sex Work Act permits sex workers to work, even if they
Furthermore, the Act does not impose mandatory testing on sex
Despite this, it is an offence for a sex worker or an owner or
Tasmania has historically had a heavily criminalised sex
Currently, brothels remain criminalised, however, sex work is
Street-based sex work remains illegal, with offering or
A maximum penalty of a $51,900 fine and\/or 3 years imprisonment
Brothels are considered ‘commercial sexual services’
Receiving services from a brothel carries a maximum penalty of a
Procuring, or otherwise causing or permitting a child to provide
Section 7 outlines offences against sex workers, including that
A maximum penalty of a $86,500 fine and\/or 5 years imprisonment
Legislative reviews of the Act have occurred in 2008 and 2012,
South Australian sex work laws criminalise sex work in the
Soliciting is banned, under
It is an offence to assist in, or keep, or manage a brothel, as
A maximum penalty of a $1,250 fine and\/or 3 months imprisonment
Permitting a premise to be utilised as a brothel is punishable
An offence using the outdated word ‘common bawdy house’
It imposes a maximum penalty of 2 years imprisonment for keeping
Whilst many of these offences are aimed at the organisers of sex
South Australia’s Greens leader, Tammy Franks, has recently
A bill to decriminalise sex work previously failed to pass
The latest proposed bill by the Greens will be the 14th time a
WA prostitution laws prescribe heavy criminal penalties for sex
Brothels are illegal, and it is not permitted to carry out
Seeking another person to act as a prostitute in or within the
A sex worker who solicits a client in such circumstances, faces
The Prostitution Act also empowers police to stop and search
A person assaulting, threatening, intimidating, supplying a
It is punishable by a maximum penalty of 3 years imprisonment if
As is expected across Australia, there are a number of offences
Under Section 15, it is also an offence to provide prostitution
Causing, permitting, or seeking to induce child to act as
However, the Act also criminalises children, with up to 2 years
For more tailored advice, speak to our
\nsexual assault and age of consent laws<\/a>.<\/p>\nPROSTITUTION SYDNEY | PROSTITUTION LAWS NSW<\/h2>\n
\ndecriminalised system of all Australian jurisdictions and imposes
\nthe least controls on the sex work industry.<\/p>\n
\noffences targeting street-based sex work were repealed.<\/p>\n
\nservices to a person who is over the age of consent in exchange for
\nmoney, goods, or favours.<\/p>\n
\ndoes not occur in view of a school, church, hospital, or
\ndwelling.<\/p>\n
\nview of such a place, is a $660 fine and\/or 3 months imprisonment,
\npursuant to
\nsection 19<\/a> of the Summary Offences Act 1988<\/em> (NSW).<\/p>\n
\nNSW, provided that they comply with regulations.<\/p>\n
\nbusinesses.<\/p>\n
\nservices, sauna baths, a facility for physical exercise, a
\nphotographic studio, or for services of a like nature, the premise
\nis unable to be used for the purpose of prostitution or soliciting
\nprostitution.<\/p>\n
\napplicable.<\/p>\n
\nthe Act, including advertisement that employment for a prostitute
\nis or may be available.<\/p>\n
\nsex workers and children.<\/p>\n
\nwholly or in part on the earnings’ of the sex work of another
\nperson, pursuant to section 15.<\/p>\n
\nimprisonment.<\/p>\n
\ninfluence, cause or induce another person to engage in sex work, in
\naccordance with section 15A.<\/p>\n
\nmonths imprisonment.<\/p>\n
\n(NSW), including a maximum penalty of 10 years imprisonment for
\nprocuring or enticing someone to perform sex work by means of any
\nfraud, violence, threat, abuse of authority, or by the use of any
\ndrugs or alcohol, under
\nsection 91B<\/a>.<\/p>\n
\nchild to participate in an act of child prostitution, or
\nparticipate as a client in an act of child prostitution<\/p>\n
\nimprisonment where the child was under 14 years, and 10 years
\nimprisonment in other cases.<\/p>\nDARWIN PROSTITUTION LAWS | NORTHERN TERRITORY SEX WORK
\nLAWS<\/h2>\n
\nfollowing the
\nSex Industry Act 2019<\/em><\/a> (NT) being passed through
\nparliament.<\/p>\n
\nillegal.<\/p>\n
\ndoor to childcare centres or schools.<\/p>\n
\nsex work by intimidating, assaulting, supplying a prohibited drug
\nor making a fraudulent representation is an offence.<\/p>\n
\nas per section 10.<\/p>\n
\nservices business is punishable by a maximum penalty of 14 years
\nimprisonment where the child is under 14 years old, and 7 years
\nimprisonment where the child is at least 14.<\/p>\n
\nthey have undergone a medical examination, and that they are not
\ninfected with a sexually transmissible infection or blood borne
\nvirus if this is not the case.<\/p>\nIS PROSTITUTION LEGAL IN MELBOURNE? | VICTORIAN PROSTITUTION
\nSEX WORK LAWS<\/h2>\n
\nthird Australian jurisdiction to do so, following the
\nSex Work Decriminalisation Act 2022<\/em><\/a> (VIC) being passed
\nby Victorian Parliament.<\/p>\n
\ninvolves the decriminalisation of street-based sex work in most
\nlocations, repeal of offences targeting working with a sexually
\ntransmitted infection and not using safer sex practices, and the
\nrequirement to undergo regular STI testing.<\/p>\n
\ninvolve abolishing the sex work service provider licensing system,
\nre-enacting offences relating to children and coercion in other
\nlegislation, and changes to planning controls to treat sex service
\nbusinesses like other businesses.<\/p>\n
\nreplaced by business regulatory procedures, similar to those that
\noperate currently in New South Wales.<\/p>\n
\ncircumstances and locations.<\/p>\n
\ncare services and places of worship between 6am and 7pm and on holy
\ndays, pursuant to section 38B of the Sex Work Decriminalisation Act
\n2022.<\/p>\n
\nmonth imprisonment for a first offence, a $5,452.20 fine or 3
\nmonths imprisonment for a second offence, and a $10,904.40 fine or
\n6 months imprisonment for a subsequent offence.<\/p>\n
\nchildren, are found within the Crimes Act 1958 (Vic).<\/p>\n
\nsexual services by assaulting, threatening, supply a prohibited
\ndrug of dependence or making a false representation.<\/p>\n
\npursuant to section 53L.<\/p>\n
\nservices, carries a maximum penalty of 10 years imprisonment, as
\nper section 53H.<\/p>\n
\napplicable where a person receives a commercial benefit, or payment
\nor reward knowing that it has been derived, directly or indirectly,
\nfrom commercial sexual services provided by a child, as per section
\n53I.<\/p>\nIS PROSTITUTION LEGAL IN QUEENSLAND? | PROSTITUTION LAWS
\nQUEENSLAND<\/h2>\n
\nin licensed brothels or by sole operator sex workers, pursuant to
\nthe
\nProstitution Act 1999<\/em> (QLD)<\/a>.<\/p>\n
\nauthority for a licence, with strict laws controlling how brothels
\nand sole operator sex workers provide services.<\/p>\n
\nin public for prostitution an offence.<\/p>\n
\noffence, a $3,446.25 fine for a second offence, and a $4,135.50
\nand\/or 6 months imprisonment for a third or subsequent offence,
\npursuant to section 73.<\/p>\n
\n‘prophylactic’, such as a condom being used, as per section
\n77A.<\/p>\n
\nworker provides or offers services without one, or where a client
\nasks or accepts an offer for services where one is not used.<\/p>\n
\nimposes an offence where a person forces another to participate in
\nsex work by way of a threat, intimidation or making false
\nrepresentations.<\/p>\n
\nis applicable.<\/p>\n
\nCriminal Code Act 1899<\/em> (QLD)<\/a>.<\/p>\n
\nfrom a premises or provide outcalls and must work alone.<\/p>\n
\nmaximum of 7 years imprisonment applies for knowingly carrying on
\nthe business of providing such services, pursuant to section
\n229HB.<\/p>\n
\nwith a mental impairment, the person carrying on the business faces
\na maximum penalty of 14 years imprisonment.<\/p>\n
\ngrounds of being used for the purposes of unlawful prostitution (by
\ntwo or more workers), is an offence.<\/p>\n
\noffence, 5 years imprisonment for a second offence, and 7 years
\nimprisonment for a third offence.<\/p>\n
\nevidence such as employment records, business records, telephone
\nrecords, advertisements and other relevant factors and
\ncircumstances, may be used to infer this.<\/p>\n
\npractices is not admissible against a defendant, pursuant to
\nsection 229M.<\/p>\n
\ncurrent laws, and plans to draft a decriminalisation bill, in line
\nwith NSW, Victoria, and the Northern Territory.<\/p>\nAUSTRALIAN CAPITAL TERRITORY SEX WORK LAWS<\/h2>\n
\nsince 1992.<\/p>\n
\nbusinesses with the Department of Fair Trading.<\/p>\n
\nhowever, they are prevented from sharing premises with other sex
\nworkers.<\/p>\n
\n19 of the Sex Work
\nAct 1992<\/em> (ACT)<\/a> imposing a $3,200 fine for offering or
\nprocuring commercial sexual services, in a public place.<\/p>\n
\nplace is a child, a maximum penalty of 3 years imprisonment is
\napplicable.<\/p>\n
\npunishable by a maximum penalty of $1,600 and\/or 1 year
\nimprisonment.<\/p>\n
\nby a maximum penalty of a $240,000 fine and\/or 15 years
\nimprisonment where a child is under 12 years old, or a $160,000
\nfine and\/or 10 years imprisonment where the child is 12 years or
\nolder.<\/p>\n
\nknowingly have HIV or a sexually transmitted illness, so long as
\nthey take all reasonable precautions to avoid contracting or
\ntransmitting the condition, such as using safer sex practices.<\/p>\n
\nworkers.<\/p>\n
\noperator of a brothel or escort agency to use the fact that a sex
\nworker has had a medical test to lead someone to believe or be
\n‘reckless about’ whether they believe that a sex worker
\ndoes not have HIV or a STI, as per section 26. This is punishable
\nby a maximum fine of $3,200.<\/p>\nIS SEX WORK LEGAL IN TASMANIA?<\/h2>\n
\nindustry.<\/p>\n
\nlegal if no more than two sex workers work together (noting various
\nconditions are imposed), following the introduction of the
\nSex Industry Offences Act 2005<\/em><\/a> (TAS).<\/p>\n
\nprocuring sexual services in public punishable by a fine of
\n$3,460.<\/p>\n
\nis applicable where the person offered sexual services or procured
\nto provide, is a child, as per section 8.<\/p>\n
\nunder the Act, with operating one punishable by a $138,400 fine
\nand\/or 8 years imprisonment, as per section 4.<\/p>\n
\n$17,300 fine and\/or 1 year imprisonment.<\/p>\n
\nsexual services, or receiving payment from this, carries a maximum
\npenalty of 15 years imprisonment.<\/p>\n
\na person must not intimidate, assault, threaten or supply a
\nprohibited drug (including for the purpose to overpower them), as
\nper section 7(1).<\/p>\n
\nis applicable.<\/p>\n
\nhowever no changes have occurred to date.<\/p>\nIS PROSTITUTION LEGAL IN SOUTH AUSTRALIA? | ADELAIDE
\nPROSTITUTION LAWS<\/h2>\n
\nstate. In South Australia, sex work is criminalised via a range of
\noffences found within the Summary Offences Act 1953<\/em> (SA)
\nand the Criminal Law Consolidation Act.<\/p>\n
\nsection 25<\/a> of the Summary Offences Act, punishable by a maximum
\npenalty of a $750 fine.<\/p>\n
\nwell as receive money paid in a brothel in respect of sex work,
\npursuant to section 28.<\/p>\n
\nis applicable for a first offence, whereas a fine of $2,500 and\/or
\n6 months imprisonment is applicable to a subsequent offence.<\/p>\n
\nby the same maximum penalties, pursuant to section 29.<\/p>\n
\nto refer to a brothel, is found within
\nsection 270<\/a> of the Criminal Law Consolidation Act.<\/p>\n
\na brothel.<\/p>\n
\nwork, they have been used by South Australian police to charge
\nworkers as well.<\/p>\n
\nannounced that she intends to put up a bill to allow legal
\nprostitution in the state.<\/p>\n
\nparliament in 2019.<\/p>\n
\nproposal to decriminalise sex work has been put to South Australian
\nParliament in the past two decades.<\/p>\nPERTH PROSTITUTION | WESTERN AUSTRALIA SEX WORK LAWS<\/h2>\n
\nwork. In Western Australia, sex work is criminalised via a range of
\noffences found within the Prostitution Act 2000<\/em> (WA) and
\nthe West Australian Criminal Code<\/em>.<\/p>\n
\nstreet-based sex work or other prostitution-related activities.<\/p>\n
\nview of hearing of a public place is an offence, punishable by a
\nmaximum penalty of 2 years imprisonment if tried summarily or 7
\nyears imprisonment, if not.<\/p>\n
\na maximum penalty of 3 years imprisonment where the client is a
\nchild, or 1 year imprisonment in any other case, as per section 6
\nof the
\nProstitution Act 2000<\/em> (WA)<\/a>.<\/p>\n
\nanyone who they suspect is soliciting prostitution.<\/p>\n
\nprohibited drug, or making a false representation with the
\nintention of inducing another person to act, or continue to act, as
\na prostitute is guilty of a criminal offence in WA.<\/p>\n
\ndealt with summarily, or 10 years imprisonment if not.<\/p>\n
\nrelating to prostitution and children.<\/p>\n
\nservices to a child and this is punishable by imprisonment for up
\nto nine months.<\/p>\n
\nprostitute, is punishable by up to 14 years imprisonment.<\/p>\n
\nimprisonment applicable for a child who works as a prostitute, as
\nper section 14.<\/p>\n
\nSection 190<\/a> of the West Australian Criminal Code makes it an
\noffence to keep or manage a brothel or to live off the earning of
\nprostitution. A maximum penalty of 3 years imprisonment is
\napplicable.<\/p>\n
\nsexual assault lawyers Sydney<\/a> based team.<\/p>\n<\/div>\n