"CMC's claimed increase in migrant sex workers wrong" Scarlet Alliance responds to CMC Report Jun 2011
Sex Industry Laws - Queensland
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 pairs or with the support of another person.
• Sex work conducted in a licensed brothel is legal in Queensland.
Any other form of sex work is illegal in Queensland. This includes unlicensed brothels or parlours, street workers, two sex workers sharing one premises (even if the workers both work alone in split shifts), and out-calls provided by a licensed brothel.
How does the law affect private operators 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). Private businesses however are heavily restrictions regarding the way you can operate.
- 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 for life stating that they have contravened the Prostitution Control Act (check the entrapment references on this page, police can legally harass you into agreeing to do a double booking then charge you. Link to the "Exception to soliciting offenses--police officers" law).
- 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)
- Technically, having an accountant or lawyer or cleaner is also illegal but no one has been busted for this before.
How do I 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 (TV, radio and video are specifically not allowed), and there is an ‘approved form’ of advertising which all newspapers are aware of. The ‘approved form’ is also listed on the PLA (Prostitution Licensing Authority, see below) website, and advertising on the internet requires approval from the PLA. If you wish to advertise differently to the ‘approved form,’ you can fax the PLA on 07 3876 3641. Many Queensland workers are also having success through publishing on the internet. However recent busts have meant that in order to be safe, you should approach the PLA to have your website material approved. If you do not have PLA approval for your advertising material you may be charged for a criminal offense. 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 the PLA yourself.
Discrimination - what can I do? The Anti-Discrimination Act 1991 makes it unlawful to discriminate against a person because of their lawful sexual activity. Lawful sexual activity means a person's status as a lawfully employed sex worker, whether or not self-employed. This means anti-discrimination protection only covers sex workers who are working legally in Queensland. Following a series of legal challenges around discrimination by an accomodation provider, an exemption was made to the Act in 2012 so that it is not unlawful to refuse to supply accommodation to a person (or evict them or treat them unfavourably in connection with the accommodation) if the person is using or intends to use the accommodation for sex work. Ie Hotel/Accomodation Providers can legally discriminate against and evict sex workers from accomodation in QLD.
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. link to the "Exception to soliciting offences--police officers" law This does not give police the right to have sex with you or receive any sexual service! The legal term for entrapment in Queensland is deceptive practice. If you are approached by someone who says they are a police officer you should request to see their identification - if they refuse then you should assume the person is not a police officer
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 (deceptive practice link to the "Exception to soliciting offences--police officers" law to harass people about condom use ie the police ring up and pose as a client, and ask for oral without protection. For more detailed information go to the Condom Laws In Queensland page and/or speak to RESPECT Inc- The state based sex worker organisation in Queensland.
Related Articles & Links
- Respect Incorporated, your Queensland sex worker organisation
- Scarlet Alliance Submission to the CMC January 2011
- Scarlet Alliance Submission to the CMC January 2006
- SSPAN Submission to the CMC January 2006
- CMC Public Hearings Transcripts 14th and 15th of September, 2005. Evidence was given by Scarlet Alliance, SSPAN, SQWISI and local sex workers.
- Scarlet Alliance Submission to the Crime and Misconduct Commission: Escort Work April 2005
- SSPAN Submission to the Crime and Misconduct Commission: Escort Work April 2005
Crime and Misconduct Commission Reports
Inquiry into escort work, October 2006 Sex worker input into this report is high, and recommendations about sex worker safety and privacy are positive.
Evaluation of the sex industry laws, December 2004Unfortunately the sex worker input into the original CMC report was not high, and a pathologisation of sex workers, a fetishised view of entry into the sex industry takes up much of the report, and a focus on retraining makes the report uncritical and not relevant to workplace conditions as a result of the 1999 laws.
PLA Annual Report for 2001/2002 “Does the Prostitution Act provide an effective antidote which will encourage legality and discourage illegality? The answer to this question is no. The PLA is very conscious of the disadvantages to which licensed brothels are presently subjected and which heavily impact on their present ability to capture a market which is largely serviced by the illegal prostitution industry.” Pg 20
Second Reading Speech Queensland’s current Prostitution Laws were introduced into Parliament by the Hon. T.A. Barton, Minister for Police and Corrective Services, Member for Waterford for the ALP. He proudly proclaims “These laws, if passed, will be the toughest in Australia.” Debate was adjourned by Mr Beanland.
The Hypocrisy of the Queensland Prostitution Act 1999 Lisa Uusimaki Paper presented to the Social Change in the 21st Century Conference, Centre for Social Change Research, Qld University of Technology
Prostitution and the Law in Queensland by the Prostitution Licensing Authority with specific reference to the licensing of brothels.
Prostitution Act 1999 Link to an online copy of the Act.
Prostitution Act 1999 Download a PDF copy of the Act.
updated 10 May 2016