SEX INDUSTRY LAWS – New South Wales
First the good news - sex work is legal in NSW. Any person of any gender over 18 years old may provide sexual services to any person over the age of consent in exchange for money, goods or favours. Running, or working in a sex industry business in NSW is legal as long as it is conducted within the legislative framework.
Brothels are any premises used for the purposes of prostitution. This can include premises such as massage businesses, strip clubs etc. where sexual services are also provided.
Brothels are regulated by local councils
The definition of a brothel can include one worker working from their own home or premises
Prostitution is legal and by itself is no longer a reason to have a business closed
Support staff (receptionist/front of house, security, managers) can now be legally employed
No one can force or unduly influence another person to become a sex worker.
Sex work laws that remain unchanged are:
Support staff (friends, partners) for street workers can be charged with living off the earnings
Street workers can be charged with soliciting and working near or within view of certain places
Can a massage service advertise and provide a sexual service within the law? - No. It is an offence to advertise or use any premises that advertise as massage, sauna baths, steam baths, facilities for physical exercise, photo studios or services of a like nature, for the purpose of prostitution or soliciting. These laws are not always enforced by the police but are more likely subject to action by councils.
Is street sex work Legal? - Street sex work and soliciting is legal in NSW but only in certain areas. It is illegal to solicit within view of a residential dwelling , church, hospital or school. People can still be charged with living off the earnings of a street worker. Street sex workers can be fined for loitering by local council staff. Police can fine street sex workers for not following a reasonable direction.
This information was taken from the Sex Industry Legal Kit available from SWOP NSW, and downloadable from the SWOP NSW website.
Private Workers Alliance NSW - resources and latest campaigns coming soon..
Briefing Paper for Ministers; Disorderly Houses Amendment Act Private Workers Alliance and Sex Worker Outreach Project give a history of the Disorderly Houses Act and the problems that have arisen as a result, including corruption, the safety of workers, public health strategies and local, state, national, regional and global health policies being compromised and lack of sex industry consultation. Proposes that two private workers in a dwelling be exempt from development approval. October 2001
Extract from Legislative Council 14/12/01 Disorderly Houses Bill (Amendment), Greens amendment to allow the presence of safe sex equipment on a premises without being used as evidence of a ‘brothel’. Ian Cohen, Don Harwin, John Hatzistergos, Arthur Chesterfield-Evans, Fred Nile and John Jobling
Extract from Legislative Assembly Crimes Amendment (Sexual Servitude) Act, 17/10/01 Mr Face Second Reading Speech. This Bill deals with illegal workers in NSW, and was in reflection of the Federal Criminal Code Amendment (Slavery and Sexual Servitude) Act. It unfairly targets migrant workers and criminalizes them above and beyond all other laws regarding migration and the sex industry.
Extract from Legislative Council Crimes Amendment (Sexual Servitude) Act, 27/11/01 Michael Egan Second Reading Speech Talks about the new offences created under the Act Debate includes James Samios, Ian Cohen, Arthur Chesterfield-Evans, Fred Nile, Peter Wong, Janelle Saffin and John Hatzistergos
SOURCE:
http://www.scarletalliance.org.au/laws/nsw/