Prostitution and Local Laws
The escort service in Australia is
subjected to state and territory laws (each of the 6 states and additional
territories are governed by their own specific and different set of laws) as
well as the Federal Legislation of Australia that also influences the escort
service in Australia and the relation between Australian citizens and outside
visitors to a certain degree.
Since 1970 there has been an
internal movement towards the legalization of prostitution laws and the
approach has varied depending on the state/territory.
New South Wales
New South Wales (NSW) has the most
permissive legislation in Australia, has the best coverage regarding
discrimination and has been used as a model for other states/territories. According
to the 1988 Summary Offence Act, brothels are legal and the last reform has been
in 2007 with the Brothels Legislation Act.
Brothels are considered to be legal,
provided that the person (except managers and owners) do not cover the earnings
made by a person engaged in prostitution; that the establishment does not
promote the act of prostitution and/or advertises it or offers sex services
under the pretense of massage, photographic studios, sauna/steam baths or
fitness establishments; the establishment is not engaged in child prostitution
and/or advertises specifically anal penetration; the establishment is not easily
distinguished as being in close proximity of a school, church, hospital or
dwelling. Street prostitution is illegal, but not for the client.
In the Northern Territory brothels
are illegal according to the Prostitution Act 2004, but escort establishments
are legal. The Northern Territory Licensing Commission can license residence of
Northern Territory for a license to manage an escort agency. Street work is
also illegal, but sole operators are on the other hand legal and un-regulated.
In Queensland brothels are legal and
licensed according to the Prostitution Licensing Authority that in turn reports
to the Crime and Misconduct Commission which in turn reports to the Parliament.
In Queensland there are two types of sex work activities that are considered
legal: private sex work offered by an individual and sex work engaged in a
Illegal forms of sex work include
individual workers sharing premises, brothels that have more than 5 workers at
a time and/or a staff of over 20 workers, street prostitution (but not for the
client), unlicensed brothels or massage/fitness establishments used for sex
Brothels are considered to be
illegal in South Australia as with the Criminal Law Consolidation Act of 1935
and the Summary Offences Act of 1953. The act of prostitution itself is not
considered as illegal, so individually offered sex work is legal, but receiving
the money for the sex work of another person, soliciting in public places and
procuring is considered illegal.
Prostitution in Tasmania is legal
according to the Sex Industry Offence Act of 2005, but only for individuals
that offer services of the nature. It is illegal for a person to employ and/or
to control the profit of an individual that offers such services.
Street prostitution is also illegal
as well as sexual assault of a sex worker or to engage in sexual services with
a sex worker without the use of prophylactic.
Victoria was among the first states
to advocate prostitution and militates mainly towards regulating prostitution.
Brothel prostitution has become legal as with the Prostitution Control Act in
1994, which was later amended through the Sex Work and other Act Amendment in
2011. Brothels are regulated under the Consumer Affair Victoria, but street
prostitution is still illegal. The main object of the regulative sex work
system is to eliminate the criminal element in the industry as well as underage
prostitution and human trafficking.
Prostitution in Western Australia is
regulated by the Prostitution Control Act of 2000. Prostitution as an
individual is legal, but most activities associated with it, such as brothels
and managing the profit of sexual workers (pimping) is illegal. Even so,
brothels are tolerated and unofficially regulated.