Legal Status of Prostitution in Australia
Pressure for reform has come from women`s groups such as Women Against Discrimination and Exploitation (WADE). (Bonney, 1997) In 1992, the Prostitution Control Act reformed and consolidated the common law and the law relating to prostitution. [57] The first report of the Escort Agency Licensing Board in 1993 recommended further reforms, but the government did not accept this, believing that there would be broad opposition to the legalization of brothels. The Office of the Attorney-General conducted a review in 1996. A further review was carried out in 1998. [58] In 2004, the Brothel Suppression Act 1907 (SA) was repealed in its application to the Territory by the Prostitution Regulation Act 2004 (NT). Under this legislation, brothels and street work were illegal, but the Northern Territory Licensing Board[59] could grant Northern Territory residents a licence to operate an escort agency. [60] Single operators were legal and unregulated. Sex workers protested that the Northern Territory was the only part of Australia where workers were required to register with the police. [61] Although sex work is legal, no one may employ or otherwise control or profit from the work of sex workers.
It is legal for a person over the age of 18 to provide sexual services to a person who is over the age of consent in exchange for money, property or favours. In 1992, a working group was set up by the Attorney General, which resulted in the Control of Prostitution Act 1994 (PCA) [156] (now the Sex Work Act 1994[157]). The difference between the two is that in the case of a brothel, clients come to the place of business, which is subject to the planning control of the municipality. In the case of an escort agency, clients call the agency and arrange for a sex worker to come to their home or motels. A brothel must obtain permission from the municipal council (§ 21A). A brothel or escort agency is not allowed to advertise their services. (Section 18) In addition, a brothel operator may neither authorize the consumption of alcohol in the brothel (§ 21) nor apply for a liquor licence for the premises; They may also prohibit a person under the age of 18 from entering a brothel or employing a person under the age of 18 as a sex worker (section 11A), even if the age of consent in Victoria is 16. [158] Advertising space used for prostitution is also prohibited by law, including advertising indicating that employment is or may be available for a prostitute. Street work is now legal in Victoria, except in certain circumstances and places. According to a 2009 Daily Telegraph report, Sydney`s illegal brothels outperformed licensed establishments by four to one.
[41] Sex work in Australia operated differently depending on the time period assessed. For this reason, the discussion is divided into three distinct periods: doomed, late colonial, and post-federation. Pre-colonial „prostitution“ among Aborigines is not considered here, as it bore little resemblance to the contemporary understanding of the term. [1] The arrival of Europeans changed this system of „wife exchange“ when they began exchanging their European goods for sexual services from Indigenous women. [1] During the convicts` period, English common law applied and dealt with brothel keeping, disorderly houses and public nuisances. The late colonial period considered prostitution a public health problem through infectious disease laws. Since the Federation`s inception in 1901, emphasis has been placed on criminalizing prostitution-related activities. Although criminal law does not explicitly prohibit paid sex, it has created a de facto prohibition. [2] Prostitution legislation in Western Australia dates back to the introduction of the English Interpretation Act in 1829 specifically prohibiting dilapidated houses (Interpretation Act).
[182] Prostitution in Western Australia is closely linked to the history of gold mining. [184] In these areas, there was a quasi-formal agreement between landowners and authorities. This has often been justified as a harm reduction measure. As in other Australian colonies, legislation tended to be influenced by developments in Britain. The Police Code of 1892 was no different, setting penalties for advertising or vagrancy, while the Criminal Law Amendment Act of 1892 dealt with procurement. Some of the women transported to Australia had previously worked in prostitution, while others chose the profession due to economic circumstances and a strong gender imbalance.