The Department of Justice and Community Safety (DJCS) has invited community feedback on proposals to decriminalise the sex work industry, with particular attention on how the Government can work better with and support the industry.
The DJCS said decriminalising sex work would maximise workers’ safety, health and human rights, while also reducing stigma and fear of criminal repercussions for sex workers.
“Decriminalising sex work will mean that sex workers will be able to access the same services and be entitled to the same rights as any other worker, without fear of repercussion,” the Department said.
“Decriminalising sex work will also mean removing criminal laws relating to consensual sex work and regulating sex work through standard business laws,” it said.
“In Victoria, sex work is currently regulated under a legalised model, which means sex work is only legal if it takes place under certain conditions set out in legislation.”
The DJCS said street-based sex work was currently a crime, but selling sexual services at registered venues, escort agencies or as a private sex worker was permitted under a licensing and registration scheme.
It said there was significant evidence that this regulation caused deep inequalities in the workforce and led to poorer outcomes for sex workers as employees.
The Department said sex work would be decriminalised through a suite of reforms, including removing offences and criminal penalties for consensual sex work in most circumstances; repealing the Sex Work Act 1994 and regulating the sex work industry through existing regulatory agencies; and introducing related reforms to support decriminalisation.
It said that if passed, the reforms would come into operation progressively during 2022 and 2023.
Minister for Consumer Affairs, Melissa Horne said decriminalisation recognised that sex work was legitimate work and should be regulated through standard business laws, like all other industries in the State.
“The current sex work regulatory system – which has not been updated for close to three decades – is out of date and no longer fit for purpose,” Ms Horne said.
“Sex workers report current working conditions as unsafe in both the licensed and unlicensed sectors, including violence in the workplace, deterrents to reporting violence, and a lack of compliance with safe-sex measures,” she said.
“Only sex work between consenting adults will be decriminalised.”
Ms Horne said criminal offences to protect children and workers from coercion and address other forms of non-consensual sex work would continue to be enforced by State and Federal law enforcement Agencies.
The Department’s nine-page Discussion Paper, Decriminalising Sex Work, including information on how to have a say, can be downloaded at this PS News link.
