Sex Industry Laws in Queensland

Custer 07/03/14

Lets focus on these factors.

  • Ensuring the quality of life for local communities
  • Minimizing/eliminating corruption and organised crime
  • addressing social factors which contribute to involvement in sex work
  • ensuring a healthy and functional society
  • promoting safety

On 18th August 2009, the Queensland Police Minister tabled yet another amendment to the prostitution laws. The Prostitution and Other Acts Amendment Bill 2009 with additions to and updates the other Recommendations made by the Crime and Misconduct Commission in 2006 took 3 years to implement into the 2009 bill. In 2006 the Queensland Government passed the Prostitution Amendment Act.  Some of these laws severely impacted on the rights of sex workers, compromised their health, and increased the policing of the sexual behaviors of sex workers.  The changes lengthen the time between mandatory STI and HIV tests for licensed brothel workers from 6 weeks to three months. Changes come under both the Act and the Regulations

What kinds of Sex Work are legal in Queensland?

There are two forms of legal sex work in Queensland: • Working Privately – Is legal in Queensland, but it is an offence to work in two or more, or with the support of another person. • Sex work conducted in a licensed establishment is legal in Queensland. Any other form of sex work outside of those stated above is illegal.  This includes unlicensed brothels or parlours, street workers, two sex workers sharing one premise.

How do the laws affect private sex workers in Queensland?

Private sex workers (not working for a brothel or escort agency) are legal (the Prostitution Control Act does not prevent you from conducting a business). Ways of conducting business by private sex workers are heavily regulated.

  • A single sex worker must not be found on premises with any other person unless the other person has a current crowd controller’s licence under the Security Providers Act 1993 and is only participating in the provision of prostitution as a bodyguard.
  • Organising a double booking with another worker is illegal, and workers have been busted for it resulting in a criminal record.
  • Having a receptionist is illegal.
  • Once the 2009 Amendment Bill is passed private sex workers will be able to advise someone of their movements but only if this person is not also a sex worker.
  • Paying a driver is illegal (the 2009 Amendment Bill will make it legal if the driver has a current crowd controller’s license and only drives one sex worker)
  • Having an accountant or lawyer or cleaner is also illegal.

How do sex workers advertise in Queensland?

Under the Act, advertisements cannot be published if they:

  • describe the sexual services offered,
  • might induce a person to seek employment as a sex worker,
  • state, directly or indirectly, that the person’s business provides or is connected with massage services.

The most acceptable form of advertising is in the newspaper and there is an ‘approved form’ of advertising which all newspapers are aware of.  Both newspaper and internet advertising is governed in what content can and cannot appear in ads.  You do not have to use your real name or give them your home address. Please note that certain commercial websites will seek approval on your behalf so that you don’t have to interact with government agencies yourself for approval. Discrimination – what can I do? Anti-discrimination legislation in Queensland makes it illegal for someone to discriminate against LEGAL sex workers. Entrapment by police Entrapment is legal in Queensland – this means that police can (and do) pose as clients and as sex workers in order to trap sex workers and clients into acting illegally.  This does not give police the right to have sex with sex workers or receive any sexual service. Criminal Laws Relating to Condom Use in Queensland It is a criminal offence to provide any kind of commercial sex without condom use. Police are using entrapment to harass people about condom use ie the police ring up and pose as a client, and ask for oral without protection.