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Solicitation was an offence under Clause E, and could lead to a fine or imprisonment. Other measures included the long-standing vagrancy laws and local by-laws. The Fitzgerald Report Commission of Inquiry into "Possible Illegal Activities and Associated Police Misconduct" of led to widespread concern regarding the operation of the laws, and consequently a more specific inquiry Criminal Justice Commission. Regulating morality? An inquiry into prostitution in Queensland in This in turn resulted in two pieces of legislation, the Prostitution Laws Amendment Act and the Prostitution Act The Crime and Misconduct Commission reported on the regulation of prostitution in , [77] and on outcall work in Despite the intentions of the founders, prostitution became identified early in the history of the colony, known as the 'social evil', and various government reports during the nineteenth century refer to estimates of the number of people working in prostitution.

In , within six years of the founding of the colony, it was reported that there were now "large numbers of females who are living by a life of prostitution in the city of Adelaide, out of all proportion to the respectable population". The Police Act [87] set penalties for prostitutes found in public houses or public places [88] This was consistent with the vagrancy laws then operating throughout the British Empire and remained the effective legislation for most of the remainder of the century, although it had little effect despite harsher penalties enacted in and Following the scandal described by WT Stead in the UK, there was much discussion of the white slave trade in Adelaide, and with the formation of the Social Purity Society of South Australia in along similar lines to that in other countries, similar legislation to the UK Criminal Law Consolidation Amendment Act was enacted, making it an offence to procure the defilement of a female by fraud or threat the Protection of Young Persons Act.

While current legislation is based on acts of parliament from the s and s, at least six unsuccessful attempts have been made to reform the laws, starting in Parliament voted a select committee of inquiry in August, [91] renewed following the election. The committee report recommended decriminalisation. A number of issues kept sex work in the public eye during and The next development occurred on 8 February when Ian Gilfillan Australian Democrat MLC stated he would introduce a decriminalisation private members bill.

He did so on 10 April [93] but it met opposition from groups such as the Uniting Church and it lapsed when parliament recessed for the winter. Another bill came in and then Mark Brindal , a Liberal backbencher, produced a discussion paper on decriminalisation in November , and on 9 February he introduced a private member's bill Prostitution Decriminalisation Bill to decriminalise prostitution and the Prostitution Regulation Bill on 23 February.

He had been considered to have a better chance of success than the previous initiatives due to a "sunrise clause" which would set a time frame for a parliamentary debate prior to it coming into effect. He twice attempted to get decriminalisation bills passed, although his party opposed this. It had little support and lapsed when parliament recessed. No further attempts to reform the law were been made for some time, however in a governing Labor backbencher and former minister, Stephanie Key , announced she would introduce a private members decriminalisation bill.

She presented her proposals to the Caucus in September , [97] [] and tabled a motion on 24 November "That she have leave to introduce a Bill for an Act to decriminalise prostitution and regulate the sex work industry; to amend the Criminal Law Consolidation Act , the Equal Opportunity Act , the Fair Work Act , the Summary Offences Act and the Workers Rehabilitation and Compensation Act ; and for other purpose".

The proposal was opposed by the Family First Party that had ten per cent of the votes in the Legislative Council , where Robert Brokenshire now opposed decriminalisation. Key and Lensink collaborated across party lines to develop the legislation, sexual exploitation being the obvious potential in an industry like this, and its introduction to the Legislative Council was intended to test key elements of the legislation with important opponents in the upper house.


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The Bill sought to decriminalise sex work by a number of legislative amendments. In addition it would remove common law offences relating to sex work and add "sex work" to the Equal Opportunity Act making discrimination against a person for being a sex worker an offence. Criminal records relating to sex work, including brothels, would be deleted by amending the Spent Convictions Act.

The Return to Work Act would be amended to recognise commercial sexual services as in any other business. Sex workers would also be covered under the Work Health and Safety Act []. Statistics published at the time showed that only four people had been fined for offering prostitution services in public between 1 October and 30 September In that period, 57 fines for other sex work offences, mainly for managing a brothel or receiving money in a brothel.

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Prostitution is legal, but it is illegal for a person to employ or otherwise control or profit from the work of individual sex workers. The Sex Industry Offences Act [] states that a person must not be a commercial operator of a sexual services business — that is, "someone who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages or is in day-to-day control of a sexual services business".

Street prostitution is illegal. This law explicitly outlines that it is illegal to assault a sex worker, to receive commercial sexual services, or provide or receive sexual services unless a prophylactic is used. Prostitution has existed in Tasmania known as Van Diemen's Land prior to since its early days as a penal colony, when large numbers of convict women started arriving in the s.

Some of the women who were transported there already had criminal records related to prostitution, but most were labelled as such, despite it not being either illegal or grounds for deportation. Nevertheless, the concept of 'fallen women' and division of women into 'good' and 'bad' was well established. In an attempt to produce some law and order the Vagrancy Act was introduced. Other attempts were the Penitent's Homes and Magdalen Asylums as rescue missions. In like other British colonies, Tasmania passed a Contagious Diseases Act based on similar UK legislation of the s , [] and established Lock Hospitals in an attempt to prevent venereal diseases amongst the armed forces, at the instigation of the Royal Navy.

The Act ceased to operate in in the face of repeal movements. However, there was little attempt to suppress prostitution itself.

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What action there was against prostitution was mainly to keep it out of the public eye, using vagrancy laws. More specific legislation dates from the early twentieth century, such as the Criminal Code Act Crimes against Morality , and the Police Offences Act Prior to the Act, soliciting by a prostitute, living on the earnings of a prostitute, keeping a disorderly house and letting a house to a tenant to use as a disorderly house were criminal offences.

Sole workers and escort work, which was the main form of prostitution in the stat, were legal in Tasmania. Reform was suggested by a government committee in The Bill proposed registration for operators of sexual services businesses. Consultation with agencies, local government, interested persons and organisations occurred during , resulting in the Sex Industry Regulation Bill being tabled in Parliament in June It passed the House of Assembly and was tabled in the Legislative Council, where it was soon clear that it would not be passed, and was subsequently lost.

It was replaced by the Sex Industry Offences Act Essentially, in response to protests the Government moved from a position of liberalising to one of further criminalising.

The Act that was passed consolidated and clarified the existing law in relation to sex work by providing that it was legal to be a sex worker and provide sexual services but that it was illegal for a person to employ or otherwise control or profit from the work of individual sex workers. A review clause was included because of the uncertainty as to what the right way to proceed was. The Act commenced 1 January In , the Justice Department conducted a review of the Act and received a number of submissions, in accordance with the provisions of the Act.

In June , the Attorney-General Lara Giddings announced the Government was going to proceed with reform, using former Attorney-General Judy Jackson 's draft legislation as a starting point. However, her Attorney-general, former premier David Bartlett , did not favour this position [] but resigned shortly afterwards, being succeeded by Brian Wightman. Wightman released a discussion paper in January The government invited submissions on the discussion paper until the end of March, and received responses from a wide range of individuals and groups.

The Government's top priority is the health and safety of sex workers and the Tasmanian community. Victoria has a long history of debating prostitution, and was the first State to advocate regulation as opposed to decriminalisation in New South Wales rather than suppression of prostitution.

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Legislative approaches and public opinion in Victoria have gradually moved from advocating prohibition to control through regulation. While much of the activities surrounding prostitution were initially criminalised de jure , de facto the situation was one of toleration and containment of 'a necessary evil'. Laws against prostitution existed from the founding of the State in The Vagrant Act [] included prostitution as riotous and indecent behaviour carrying a penalty of imprisonment for up to 12 months with the possibility of hard labour Part II, s 3.

This Act was not repealed till , but was relatively ineffective either in controlling venereal diseases or prostitution. The Police Offences Act [] separated riotous and indecent behaviour from prostitution, making it a specific offence for a prostitute to 'importune' a person in public s 7 2. Despite the laws, prostitution flourished, the block of Melbourne bounded by La Trobe Street, Spring Street, Lonsdale Street and Exhibition Street being the main red light district , and their madams were well known.

An attempt at suppression in was ineffectual. The Police offences Act [] prohibited 'brothel keeping', leasing a premise for the purpose of a brothel, and living off prostitution ss 5, 6.

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Despite a number of additional legislative responses in the early years of the century, enforcement was patchy at best. Eventually amongst drug use scandals, brothels were shut down in the s. All of these laws were explicitly directed against women, other than living on the avails. In the s brothels evaded prohibition by operating as 'massage parlours', leading to pressure to regulate them, since public attitudes were moving more towards regulation rather than prohibition.

Community concerns were loudest in the traditional Melbourne stroll area of St. A Working Party was assembled in and led to the Planning Brothel Act , [] as a new approach.


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  • Part of the political bargaining involved in passing the act was the promise to set up a wider inquiry. The inquiry was chaired by Marcia Neave , and reported in The recommendations to allow brothels to operate legally under regulation tried to avoid some of the issues that arose in New South Wales in It was hoped that regulation would allow better control of prostitution and at the same time reduce street work.

    The Government attempted to implement these in the Prostitution Regulation Act This created an incoherent patchwork approach.

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    In a working group was set up by the Attorney-General, which resulted in the Prostitution Control Act PCA [] now known as the Sex Work Act [] This Act legalises and regulates the operations of brothels and escort agencies in Victoria. The difference between the two is that in the case of a brothel clients come to the place of business, which is subject to local council planning controls. In the case of an escort agency, clients phone the agency and arrange for a sex worker to come to their homes or motels. A brothel must obtain a permit from the local council Section 21A.

    A brothel or escort agency must not advertise its services. Section 18 Also, a brothel operator must not allow alcohol to be consumed at the brothel, Section 21 nor apply for a liquor licence for the premises; nor may they allow a person under the age of 18 years to enter a brothel nor employ as a sex worker a person under 18 years of age, Section 11A though the age of consent in Victoria is 16 years. Owner-operated brothels and private escort workers are not required to obtain a licence, but must be registered, and escorts from brothels are permitted.

    If only one or two sex workers run a brothel or escort agency, which does not employ other sex workers, they also do not need a licence, but are required to be registered. However, in all other cases, the operator of a brothel or escort agency must be licensed. The licensing process enables the licensing authority to check on any criminal history of an applicant.

    All new brothels are limited to having no more than six rooms. However, larger brothels which existed before the Act was passed were automatically given licences and continue to operate, though cannot increase the number of rooms. Sex workers employed by licensed brothels are not required to be licensed or registered. Amending Acts were passed in and , and a report on the state of sex work in Victoria issued in The Act is now referred to as the Sex Work Act In further amendments were introduced, [] and assented to in December The stated purposes of the Act [] is to assign and clarify responsibility for the monitoring, investigation and enforcement of provisions of the Sex Work Act; to continue the ban on street prostitution.

    In a Labor government legalised prostitution in Victoria and in their paper, "Legalising Prostitution Is Not The Answer: The Example Of Victoria, Australia", authors Jeffries and Mary Sullivan [] explained the legislative shift: "The prohibition of prostitution was seen to be ineffective against a highly visible massage parlour trade a euphemism for brothels , increasing street prostitution, criminal involvement and drug use. When the oppositional Coalition government was elected in it decided to retain the legislation.

    Sullivan and Jeffries also wrote in the report that the legislation change of created new problems:. Ongoing adjustments to legislation became necessary as state policy makers attempted to deal with a myriad of unforeseen issues that are not addressed by treating prostitution as commercial sex—child prostitution, trafficking of women, the exploitation and abuse of prostituted women by big business.

    In November , 95 licensed brothels existed in Victoria and a total of small owner-operators were registered in the state Of these, were escort agents, two were brothels, and two were combined brothels and escort agents.