26 September 2023

Adult work industry coming of age

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The Department of Justice and Attorney-General is investigating the possibility of decriminalising the sex work industry.

Attorney-General and Minister for Justice, Shannon Fentiman said the advantages of this would be an improvement in the health, safety, human rights and legal protections for sex workers.

The Department has referred the matter to the Queensland Law Reform Commission (QLRC) and has released the terms of reference for its review.

Ms Fentiman said there was a need to ensure appropriate and modern laws were in place for the industry and its associated safe working arrangements, and that these were also in the best interests of the community.

“Feedback from the sector has been that current laws criminalise safety strategies used by sex workers,” Ms Fentiman said.

“A key focus of this review is the safety of workers and putting in place proper regulation so the industry doesn’t operate in the shadows.”

The Minister said the QLRC would consult with industry workers and licensees, their representative bodies and other stakeholders as part of a comprehensive process.

“The Queensland community will have an opportunity to engage with the QLRC on this issue,” she said.

Ms Fentiman said currently there were two legal forms of regulated sex work in Queensland, which included work provided in a licensed brothel, not including outcalls from the premises, and sole operators, working alone from premises, providing in-house or outcall services.

She said any other form of sex work was illegal in Queensland, which included escort agencies, unlicensed brothels, massage parlours, street workers (publicly soliciting) and two or more sex workers providing prostitution from a single premise.

Ms Fentiman said there were few licensed brothels in the State and most sex work occurred outside of the regulated or licensed sector.

The QLRC is an independent statutory body that undertakes law reform reviews and provides recommendations, including the drafting of legislation.

Ms Fentiman said its review would consider, among other things, an overarching framework and draft legislation; appropriate safeguards to deter the exploitation of vulnerable people in the sex work industry; and compatibility with the Human Rights Act 2019.

The four-page Terms of Reference can be accessed at this PS News link.

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