Victorian Sex Work Laws

Victoria’s only peer-lead sex worker organisation is Vixen. Melbourne has a rich history as a centre for sex worker organising, and after more than fifteen years of tireless work from passionate volunteers, Vixen became a funded organisation in 2022 and provides peer support, outreach, education and advocacy for sex workers across Victoria.

Vixen have created a Decrim Info Hub to help sex workers to understand the impact of recent legislative change in Victoria.

The Sex Work Decriminalisation Act 2022 was passed by the Victorian Parliament on 22 February 2022 and represents a significant and historic win for sex workers’ rights. The new law repeals the Sex Work Act 1994, which created a ‘two-tier’ licencing system criminalising the majority of Victorian sex workers. Vixen’s Decrim Info Hub provides ongoing updates on the changes and their impacts on Victorian sex workers. 

The Sex Work Decriminalisation Act 2022 will be implemented in two stages: 

Stage 1 began on 10 May 2022 and includes: 

1. 1. removal of some restrictions on street-based sex work
   2. removal of sex-industry-specific advertising regulations 
   3. removal of mandatory sexual health testing 
   4. no longer a criminal offence not to use a condom or other PPE (for sex workers and clients)
   5. no longer an offence to sex work with an STI
   6. removal of criminalisation of sex workers living with HIV
   7. removal of requirement for ‘small owner-operators (i.e. private or independent sex workers) to register with the BLA, and destruction of the existing register
   8. changes to anti-discrimination laws that may affect sex workers.

Stage 2 will be completed by 1 December 2023 and includes:

1. 1. full repeal of the brothel and agency licensing system, with existing and new sex services businesses regulated in the same way as any other businesses in Victoria
   2. the ability for independent sex workers to operate home-based businesses (incalls and outcalls). 

Until these dates, the framework and associated penalties in the Sex Work Act 1994 remain in effect. 

Further information is provided on these changes below and at Vixen’s ‘Decrim Info Hub’, which also contains resources in Thai, Simplified Chinese and Korean.

The Sex Work Decriminalisation Act 2022 recognises that sex work is legitimate work and should be regulated in the same way as any other industry. However, the legislation does not fully decriminalise street-based sex work. Scarlet Alliance, Vixen and Victorian sex workers will continue to advocate for the full decriminalisation of all forms of sex work, ensuring that no worker is left behind.

Stage 1 (10 May 2022- 1 December 2023)

• Sex Work Decriminalisation Act 2022 (sections 5-15)
• Sex Work Act 1994 (sections 5-11A; sections 15-17; sections 21-21A; sections 22-23; sections 25-90)  
• Summary Offences Act 1966 (sections 38A-38B)
• Public Health and Wellbeing Act 2008 (sections 158-165) 
• Equal Opportunity Act 2010

Stage 2 (from 1 December 2023)

• Sex Work Decriminalisation Act 2022
• Summary Offences Act 1966 (sections 38A-38B)
• Occupational Health and Safety Act 2004 
• Crimes Act 1958 (sections 53H-53N), which will criminalise forcing people to do sex work, and allowing, facilitating or forcing people under the age of 18 to do sex work
• Victorian Planning Provisions (VPP) and associated planning schemes
• Equal Opportunity Act 2010

As part of stage 1 of decriminalisation, from 10 May 2022, all Victorian sex workers are now able to make their own decisions relating to sexual health, just the same as any other adult member of the community. 

• Sex workers are no longer required to undergo mandatory sexual health testing. Sex workers can decide when to test based on their own individual needs and on advice from their doctor. 
• Use of condoms and other PPE is an individual decision for sex workers based on our own personal risk assessment. Both licensed establishments and independent (private) sex workers must provide condoms for use during services.
• Living and working with a sexually transmitted infection (STI) or blood-borne virus (BBV) is not a crime. All adults (including sex workers and clients) who have or are at risk of having an STI and/or BBV are still required to take all reasonable steps to eliminate or reduce the risk of passing on an infection (Public Health and Wellbeing Act 2008).

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. Vixen also provides peer education services and access to safer sex PPE through their drop-in and outreach services.

Many STI and BBV are ‘notifiable infections’ 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.

Changes to the advertising laws are part of stage 1. This means that from 10 May 2022:

• Independent (private) sex workers are not required to display an ‘SWA’ number in their advertising.
• Sex workers and sex industry businesses can describe what services they offer in their advertising.
• Sex workers and sex industry businesses can describe the safer sex practices they use or promote in their advertising.
• Sex workers and sex industry businesses can describe and promote ‘erotic massage’ services if these types of services are provided.
• Sex workers and sex industry businesses can use nude photos in advertising where permitted (usually applies to internet advertising).

These reforms remove the criminal penalty for sex workers and advertising services that provide sex work advertising. Advertising publishers, such as newspapers or internet platforms, may still impose their own terms and conditions for advertising content and may also be limited by Federal censorship laws. 

For further information, see Vixen’s Decrim Factsheet or contact Vixen.

Advertising sex work services can also be impacted by federal advertising and internet laws, as well as the requirements of private advertising service providers.

As part of stage 1, from 10 May 2022:

• It is illegal to discriminate against any person on the basis of their “profession, trade or occupation.”
• It is illegal for landlords to refuse to provide a person with housing on the basis that they are a sex worker.
• It is illegal for hotels or motels to ask a person to leave for doing sex work, or to call the police on that person. (Equal Opportunity Act 2010).

Brothels, escorts agencies, BDSM venues, clubs, massage parlours

Changes to laws that restricted the operation of brothels, escort agencies and other sex industry businesses happen in both stage 1 and stage 2.

Stage 1 changes for sex work workplaces 

During stage 1, from 10 May 2022 – 1 December 2023:

• Brothel, escort agencies and massage parlour operators are no longer required to ask sex workers to show certificates of attendance at a sexual health testing service (Sex Work Decriminalisation Act 2022).
• Sex industry businesses can advertise services and employment opportunities in the same way as other businesses (Sex Work Decriminalisation Act 2022).
• Owners and operators of licensed sex work businesses must continue to take “reasonable steps” to ensure that sex workers and clients use condoms during services (maximum penalty 60 penalty units – Public Health and Wellbeing Act 2008). This will be in place until the full repeal of the Sex Work Act 1994 in Stage 2. 
• Owners and operators of licensed brothels and escort agencies are not allowed to discourage condom use (maximum penalty 60 penalty units – Public Health and Wellbeing Act 2008). This will be in place until the full repeal of the Sex Work Act 1994 and will remain a requirement under the Occupational Health and Safety Act 2004 after Stage 2 is completed. 

Brothels, escort agencies and massage parlours are still required to have industry-specific licences during stage 1:

• No person can be in, enter or leave an unlicensed brothel (this applies to clients, sex workers, and non-sex work staff) (maximum penalty 60 penalty units or imprisonment for 6 months – Sex Work Act 1994).
• No person can be in, enter or leave a “proscribed” brothel (i.e. a premise that has already been declared to be an “illegal” brothel. This applies to clients, sex workers, and non-sex work staff) (maximum penalty 60 penalty units or imprisonment for 12 months – Sex Work Act 1994).

Stage 2 changes for sex work workplaces

From 1 December 2023:

• The Sex Work Act 1994 is fully repealed. There is no longer a brothel licensing system in Victoria.
• Brothels, escort agencies and other sex industry businesses are regulated by the Victoria Planning Provisions (VPP) and associated local planning schemes in the same way as other businesses.

Brothels and escort agencies are workplaces, and owners/operators and workers have a set of rights and responsibilities to create a safe workplace in the same way as other businesses. For further information, see WorkSafe Victoria or contact Vixen.

The Sex Work Decriminalisation Act 2022 makes independent (private) sex work completely legal in Victoria. 

Stage 1 – private sex work

From 10 May 2022 – 1 Dec 2023, here are the laws applying to private sex work in Victoria. The stage 1 reforms to sex industry advertising and sexual health testing start at the same time. 

Business Licensing Authority (BLA) small owner-operator register

• The SWA number is no longer a requirement in Victoria. This means that independent sex workers no longer have to provide their personal details to the Business Licensing Authority (BLA) ‘small owner-operator register’. This was sometimes referred to as the ‘exempt register’. 
• Independent sex workers no longer have to apply for, maintain or display their “SWA registration number” in advertising or for any other purposes.
• The small owner-operator/exempt register and the records of personal information it contained will be destroyed during stage 1. 

For further information or support with any questions about the destruction of the register and its impact on your work, contact Vixen.

Working arrangements and incalls during stage 1

From 10 May 2022 – 1 December 2023, there are still some restrictions on independent (private) sex workers. This means that sex workers who work privately: 

• may only work alone or with one other sex worker,
• cannot have clients directed to them by a third party (like an escort agency), 
• cannot direct clients to any other sex work business, and
• cannot provide incalls (receive a client in their own premises).

During stage 1, independent sex workers who don’t comply with the above may be liable for “carrying on business as an unlicensed sex work service provider” (maximum penalty up to 1200 penalty units or 5 years imprisonment – Sex Work Act 1994). For further information, contact Vixen.

Stage 2 – independent/private sex work

From 1 December 2023, the Sex Work Act 1994 is completely repealed. This means that it no longer applies at all and that independent sex workers can operate their businesses in the same way as any other small businesses.

• Workplaces of independent sex workers will legally be considered to be “workplaces” and subject to WorkSafe requirements.
• The workplaces of independent sex workers will be subject to the Victorian Planning Provisions.

For further information, contact Vixen.

The Sex Work Decriminalisation Act 2022 does not achieve full decriminalisation for street-based sex workers but does make some changes to the previous laws that impact where and when street-based sex workers can legally work. These changes apply to street-based sex workers and their clients. Vixen has created a great resource about street-based sex work on their Decrim Info Hub.  

Meeting clients

During stage 1, from 10 May 2022, it will be legal for sex workers to wait for and meet clients in a public place, except in the cases below.  There will no longer be any “banning notices” or “declared areas.”  

However, new laws 38A and 38B will be added to the Summary Offences Act 1966 as a result of the recent law reforms. These sections state that it will be illegal to:

1) solicit or loiter for sex work in a public place at or near a school, education or care service premises or children’s services premises on any day during the hours of 6:00 am to 7:00 pm

2) solicit or loiter for sex work in a public place at or near a place of worship on any day during the hours of 6:00 am to 7:00 pm or at any time on certain days of religious significance. 

For the purposes of this legislation:

• • Soliciting means offering sexual services, either your own or on behalf of someone else.
  • Loitering means standing, waiting or walking slowly without an obvious purpose.
  • It does not matter whether the prohibited location is open or closed – any soliciting or loitering is banned during those hours.
• Days of religious significance means the following days: Yom Kippur, Hanukkah, Ramadan, Eid al-Fitr, Christmas Eve, Christmas Day, Good Friday, Easter Saturday, Easter Sunday, Orthodox Good Friday, Orthodox Easter Saturday, Orthodox Easter Sunday. The day must be significant to the place of worship – e.g. Christmas Day applies to a Christian church.  

If you need further information about changes to street-based sex work laws, or if you’re concerned that these changes may impact your safety or the way you work, contact Vixen. 

Conducting a booking

There are still laws about public order in Victoria, which may impact street-based sex workers. 

If you are fined and/or charged with an offence while doing sex work (including a non-sex work-related offence) or want information on doing street-based sex work in Victoria, contact Vixen’s street outreach team.

Impacts of decriminalisation

With any major change to sex work laws, it can be difficult to predict how sex workers will be impacted. It’s important that the Sex Work Decriminalisation Act 2022 works for all sex workers in Victoria. If you need further information relating to the new laws and how they operate, support transitioning your work to the new laws, or have any feedback on how they’re working, please contact Vixen.

Previous sex work convictions

The Sex Work Act 1994 criminalised the majority of sex workers in Victoria and resulted in workers being entrapped, surveilled, arrested and fined just for doing our jobs. If you have received any fine, infringement notice, arrest or conviction for doing sex work and are concerned about the way this may impact you in the future, please contact Vixen.