SEX WORK LAWS IN AUSTRALIA

Tasmanian Sex Work Laws

last updated 07/11/2022

How to use this resource

This resource contains information for sex workers on the laws about sex work in Tasmania. This information is not intended to be legal advice. It is provided as a guide on sex work laws to help you navigate working in Tasmania.

Sex work laws can be confusing and difficult to comply with and can compromise our safety. They are different in each state and territory, so sex work activities that are legal in one state may not be legal in another. 

Most sex work laws in Australia are about work that involves in-person contact and direct sexual services, so this resource is focused on those kinds of sex work. Resources on other types of sex work, including stripping, porn and online work, are forthcoming. 

If you’ve been charged or received a fine or official notice while doing sex work or have further questions about the laws, contact the Scarlet Alliance Tasmanian Sex Worker Project for advice and support.

Tasmania’s sex worker peer organisation
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Tasmania’s peer-only sex worker project is the Scarlet Alliance Tasmanian Sex Worker Project. The Scarlet Alliance Lutruwita (Tasmanian) Sex Worker Project offers peer services to those working in the sex industry, whether based in Lutruwita (Tasmania) or touring here. Their main office is based in Nipaluna (Hobart). They also travel to Launceston at the head of Kanamaluka (Tamar River) weekly and do regular outreach to other regional centres in Lutruwita (Tasmania).

History and legislative framework - criminalisation with legalised private work
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Sex workers have always conducted business in Tasmania, and the state has always considered sex workers to be ‘bad’ or ‘fallen’ women, with the first ‘rescue’ institution,  Van Diemen’s Land Asylum for the Protection of Destitute and Unfortunate Females opened in 1848.  

The Sex Industry Offences Act 2005 defines two business models for the sex industry. The first is ‘sexual services businesses’, where one or two sex workers may legally work together as self-employed sex workers. The second is ‘commercial sexual services businesses,’ where a ‘commercial operator’ supervises or has some form of management over the sex workers in the business (i.e. a brothel or escort agency), which is illegal.

Applicable legislation
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General information and laws about sex work

What is considered sex work?
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In Tasmania, ‘sexual services’ can mean either an ‘act of sexual intercourse’ and/or ‘any activity where there is any form of direct physical contact between two or more persons for the purpose of the sexual gratification of one or more of those persons’ (Sex Industry Offences Act 2005).

Safer sex practices
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Sex workers and clients must both use safer sex practices (maximum penalty for breach: $86,500 fine – Sex Industry Offences Act 2005). A law reform process happening now may, if successful, introduce laws against ‘stealthing’ (removing a condom without the other person’s consent). We will update this resource if it successfully becomes law. 

The Public Health Act 1997 states that all adults (including sex workers and clients) who are ‘aware of having a notifiable disease must take all reasonable measures and precautions to prevent the transmission of the disease; and must not knowingly or recklessly place another person at risk of contracting the disease.’ Many STI and BBV are ‘notifiable diseases‘ in some or all states and territories. This means that diagnosed cases of these infections are confidentially reported to state or territory health departments. You can find more information on the notifiable conditions in each jurisdiction on our BBV, STI and the Law resource, or contact your local sex worker peer organisation for support if you’re concerned about any impact this might have on your work.

The Scarlet Alliance Red Book Online provides a wide range of sexual health information for sex workers by sex workers and includes information on testing, safer sex, harm reduction, and workplace health and safety. 

Advertising
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There are currently no specific restrictions on the advertising of self-employed sex workers (see page 24). However, advertising publishers (e.g. newspapers or websites) may place restrictions on the language and/or content they publish as part of the terms and conditions of using their service. Advertising sex work services can also be impacted by federal advertising and internet laws, as well as the requirements of private advertising service providers.

General sex work offences
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It is illegal to

Offence Legislation

Intimidate, assault, or threaten to assault a sex worker

Maximum Penalty
$86 500 fine and/or 5 years imprisonment 

Sex Industry Offences Act 2005

Supply or offer to supply a prohibited plant, prohibited substance, narcotic substance or restricted substance to a sex worker

Maximum Penalty
$86 500 fine and/or 5 years imprisonment

Sex Industry Offences Act 2005

Supply or offer to supply a controlled substance under the Misuse of Drugs Act 2001 to a sex worker

Maximum Penalty
$86 500 fine and/or 5 years imprisonment

Sex Industry Offences Act 2005

Administer or cause a sex worker to take any drug or other substance with the intent to stupefy or overpower that sex worker

Maximum Penalty
$86 500 fine and/or 5 years imprisonment

Sex Industry Offences Act 2005

Threaten a person to provide or continue to provide services in a sexual services business by using threats, intimidation, drugs or poisons, false representations or fraud, threats of deportation, or any other form of unreasonable or unfair pressure

Maximum Penalty
$259 000 fine and/or 15 years imprisonment

Sex Industry Offences Act 2005

Threaten a person to work or continue to work for you as a sex worker by using threats, intimidation, drugs or poisons, false representations or fraud, threats of deportation, or any other form of unreasonable or unfair pressure

Maximum Penalty
$259 000 fine and/or 15 years imprisonment

Sex Industry Offences Act 2005

 

Police powers
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Police officers have the power to enter any premises where they ‘reasonably suspect’ an offence under the Sex Industry Offences Act 2005 has taken place, and to search, photograph, visually record, and seize evidence from that premises.

Police officers have the power to arrest without warrant any person they reasonably suspect to have committed or reasonably suspect is likely to commit an offence under the Sex Industry Offences Act 2005.

Members of the public are permitted to make anonymous complaints, and the police do not have to disclose what evidence they have been given, meaning it can be difficult to provide a defence against a charge.

Types of sex work

This section describes laws, enforcement practices and penalties applying to particular types of sex work.

Brothels and parlours
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This section describes what the Tasmanian legislation refers to as ‘commercial sexual services businesses’, which includes brothels and parlours.

Offence Legislation

be a ‘commercial operator’ of a sexual services business

Maximum Penalty
$138 400 fine and/or 8 years imprisonment

Sex Industry Offences Act 2005

receive sexual services (i.e. be a client) from a commercial sexual services business

Maximum Penalty
$17 300 fine and/or 1-year imprisonment

Sex Industry Offences Act 2005

It is not illegal to be a sex worker in a commercial sexual services business, provided you are not managing or operating that business.

Erotic massage premises
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‘Sexual services’ is defined as  ‘any activity where there is any form of direct physical contact between two or more persons for the purpose of the sexual gratification of one or more of those persons including…the masturbation of one person by another.’ This likely criminalises commercial sexual massage premises run by a manager. 

It is legal to provide sexual massage services in a private place with up to one other worker, provided you do not manage the other worker.

For further information about working safely in Tasmania, contact the Scarlet Alliance Tasmanian Sex Worker Project.

Independent/private sex work - incall and outcall
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It is legal to be a self-employed sex worker, and work with up to one other sex worker, provided that neither of you manages the other. This applies to both incall and outcall work. 

Self-employed sex workers must not permit any child to be on the premises while they are working (incalls) (Sex Industry Offences Act 2005).

Clients of self-employed sex workers must not permit any child to be on the premises while they are receiving a service (outcalls) (Sex Industry Offences Act 2005).

For more information on staying safe while working privately, contact the Scarlet Alliance Tasmanian Sex Worker Project.

Street-based sex work
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It is illegal to offer sexual services by 

  • accosting any person in a public place 
  • soliciting or loitering in a public place (maximum penalty: $3,460 fine – Sex Industry Offences Act 2005).

It is illegal to procure (hire) sexual services by 

  • accosting any person in a public place 
  • soliciting or loitering in a public place (maximum penalty: $3,460 fine – Sex Industry Offences Act 2005).

For the purposes of this legislation:

  • Public place is defined broadly and includes streets, parks, passenger vessels and taxis, licensed premises, public toilets and shops
  • Accosting means approaching someone
  • Soliciting means verbally offering or asking for sexual services, either your own or on behalf of someone else.
  • Loitering means standing, waiting, or walking slowly without an obvious purpose.

Police officers have the power to arrest without warrant any person they reasonably suspect to have committed or reasonably suspect is likely to commit a street-based sex work offence.

If you have been charged or received a fine or notice while doing street-based sex work in Tasmania, or want information about conducting street-based work safely, contact the Scarlet Alliance Tasmanian Sex Worker Project.