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Using a variety of quantitative and qualitative approaches, it has been estimated in prior research that there are between 1, and 10, sex workers in New South Wales at any one time, highlighting the complexities involved with relying on estimates to provide a reliable number Donovan et al. Many of these estimates include only female sex workers.
In the Australian literature on sex work, brothel work is generally defined as multiple sex workers working at premises where services are provided on-site.
Private work refers to a sex worker arranging jobs independently Donovan et al. Escort agency work involves jobs that are arranged by a business escort agencyand services are provided off-site at a location arranged by the client. Some brothels fulfil a similar function by arranging services to be provided by their employees off-site Donovan et al.
As outlined later in this report, the legislation concerning sex workers in Australia generally distinguishes between the provision of services at on-site premises at sex industry or sole-operator businesses such as brothels or massage parlours, or residencesat off-site premises arranged through an agency or independently or by soliciting clients in public spaces, although how each type of sex work is legislated varies considerably between each state and territory. The structure of the industry is therefore often subject to the legislation of the jurisdiction in which it operates.
The criminalisation or licensing system imposed on sex industry businesses and - saporiviafrancigena.com provision of sexual services create a separate category of the illegal or unlicensed sector. The proportion working as street-based sex workers or sex workers providing escort services is largely unknown, but has been estimated to be five percent and less than 10 percent, respectively, of all sex workers in New South Wales Donovan et al.
These proportions may not be observed in other jurisdictions due to the different legal frameworks around private and brothel work. For example, key informants involved in a large-scale research project on the industry in Perth suggested that there were about brothel-based sex workers, 50 private sex workers and 50 sex workers providing escort services in Perth in any one year Donovan et al.
One of the few studies that looked at the number of sex industry clients in Australia, the Australian Study of Health and Relationships Rissel et al. Current legislation on sex work in Australia varies by state and territory see Table 1 as a result of major reforms that occurred in New South Wales, Victoria, Queensland, the Northern Territory and the Australian Capital Territory in the s and s. These reforms led to the decriminalisation, legalisation and implementation of licensing schemes for commercial sex work, reflecting a variety of factors including: changing social mores regarding sex work, growing support for harm reduction for sex workers and the links between illegal sex work and corruption revealed in the Wood and Fitzgerald inquiries David ; Schloenhardt Therefore, there are currently three general approaches that are used to regulate the industry across Australia: legalising certain commercial components of the industry, usually under a licensing scheme; decriminalising sex work in all its forms; and criminalising sex work sectors including clients, workplaces and people associating with sex workers.
Victoria and Queensland have legalised sex work within brothels and implemented a licensing system to regulate the brothel industry.
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New South Wales has decriminalised all forms of sex work, with the regulations for brothels placed with the local planning and development authorities; however, living off the earnings of the prostitution of another person with the exemption of brothel employers and employees is illegal Summary Offences Acts New South Wales is the only jurisdiction that has legalised the soliciting of sex services which affects the legality of street-based sex work ; however, it is required to operate away from dwellings, schools, churches and hospitals.
The Australian Capital Territory has legalised brothels but only in two prescribed industrial suburbs.
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Brothels, escorts agencies and sole operators and private workers must register their business. Brothel workers are not required to register. The exchange of money for sexual services between adults on its own is not illegal in any jurisdiction with the exception of Western Australia, where it is an offence to act as a sex worker if convicted of a drug-trafficking or Schedule 1 offence Donovan et al.
However, some or almost all forms of sex work are criminalised in Tasmania, Western Australia and South Australia. The policy was officially abandoned in ; however, according to Donovan et al. Soliciting is illegal in certain areas near or within view of a dwelling, school, church or hospital Summary Offences Actss 19, 19A.
Legal to run a brothel with appropriate planning permission. Act does not state that it is a crime to work as a sex worker in a brothel without planning permissionb Restricted Premises Acts 7 1. Brothels must be licensed and working within the licence conditions to operate legally Sex Work Acts 22 1.
It is a crime to live partially or wholly off the earnings of sex work unless working for legal premises ie licensed, or exempt from requiring a licence but registered Sex Work Acts Brothels must be licensed and in accordance with planning laws Prostitution Acts It is unlawful to work as a sex worker in premises other than a licensed brothel or contrary to brothel licence, unless exempt from needing a licence see private work below Criminal Codes C.
Also illegal to live partially or wholly off the earnings that the person knows are the earnings of prostitution Criminal Code Act Compilations 3. It is a crime to manage or keep a brothel, or to receive payment in a brothel for sex work Summary Offences Acts Illegal to live partially or wholly off the earnings of the prostitution of another person Summary Offences Acts Illegal to run a brothel. Act does not state that it is illegal to work as a sex worker in a brothel Sex Industry Offences Acts 4.
Legal to run a brothel, but must be registered and based in prescribed locations. Act does not state that it is a crime to work as a sex worker in a brothel that is not registered or outside the prescribed locations of Mitchell and Fyshwick Prostitution Acts 18 1 ; Prostitution Act Regulations 1 4 ; see also Prostitution Acts 12 1.
Act does not state that it is a crime to work as a sex worker in a brothel Prostitution Regulation Acts 4. Clients of a social escort service must be informed that the service does not include prostitution Prostitution Acts 96B.
In addition, escort services cannot be advertised as including sexual services Prostitution Acts 96A.
Not illegal to conduct an escort service but illegal to live off the earnings. See Criminal Code Act Compilations 3 above. See above. Act does not state that it is illegal to work as a sex worker in an escort agency Summary Offences Acts Illegal to run an escort agency. Act does not state that it is a crime to work as a sex worker in an escort agency Sex Industry Offences Acts 4.
Legal to run an escort agency, but must be registered. Act does not state that it is a crime to work as a sex worker in an unregistered escort agency Prostitution Acts 12 1.
Act does not state that it is a crime to work as a sex worker in an unlicensed escort agency. Small business operators two people working separately or jointly and solo workers are exempt from requiring a licence to operate legally but still need to register their service.
Small business operators also need a planning permit for their premises if they are providing services there Sex Work Actss 23, Nothing in the Act specifically about private workers but see Criminal Code Act Compilations 3 above. Up to two sex workers can work together but cannot manage or employ each other Sex Industry Offences Acts 3 1.
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Local councils approve business applications see Restricted Premises Acts 17 1 above. Business Licensing Authority grants licences for brothels and escort services and maintains the register of private workers. The Office of Regulatory Services is responsible for registering brothels, escort agencies and sole operators. Director-General of Licensing formerly the Northern Territory Licensing Commission grants licences to escort agencies.
All staff of escort agencies must be registered with NT Police and receive a certificate from the Police Commissioner.
Note: This table outlines the content of legislation in each state and territory regarding sex work but does not include sex work provisions within common law. Sex workers can also be encouraged to sign contract agreements verifying this relationship Murray However, it has been argued that the level of control managers have over when sex workers work and the services they provide more closely resembles the work arrangements held in common law to be those of employer and employee Murray This includes fines for being late to work, not being allowed to sell sex services independently outside the workplace and control over the nature of the services sex workers provide, the amount they can charge and how long they work Murray ; Northern Territory AIDS and Hepatitis Council This leaves sex workers without the freedoms associated with being an independent contractor, yet without the benefits of being an employee Drugs and Crime Prevention Committee This is a situation where an employment relationship is disguised as one of client and independent contractor with negative consequences for the employee ABCC Much of the existing knowledge of sex workers has relied on input from peer and outreach workers, sexual health workers and sex workers themselves.
Convenience or snowball sampling, where participants are recruited in a non-random manner using existing knowledge or social networks, is the main methodology used in the research and surveys referenced in this section. This dearth of population-based studies on sex workers internationally and within Australia is primarily a result of restricted access to sex workers for research and survey purposes due to:. The majority of sex workers are female Donovan et al. Those who identify as transgender and male sex workers are difficult to access for research as they are more likely to initiate contact with clients electronically eg by phone and online and work as private escorts rather than in a brothel-based environment Donovan et al.
Research suggests that the majority of sex workers are aged between 20 and 39 years Donovan et al.
The Australian sex industry
This increase in age appeared to be driven by an increase in the age of migrant sex workers, who made up a sizeable proportion of the sex worker population in Sydney. Age distribution has also been shown to vary by sector.
Only seven percent of private workers were aged years compared with more than one-quarter of street-based and brothel workers Woodward et al. Although the results may not be representative, these findings have been replicated in studies from other states and territories. The total number of sex workers working in Australia has been estimated to be 20, in any one year Quadara ; however the proportion of workers born outside Australia remains largely unknown.