View source for Prostitution in Australia

{{Short description|none}} <!-- "none" is preferred when the title is already sufficiently detailed; see [[WP:SDNONE]] -->
{{Use Australian English|date=May 2014}}
{{Use dmy dates|date=February 2020}}

[[File:Legal status of sex work in Australia by state or territory.svg|thumb|400px|Legal status of sex work in Australia by state or territory according to [[Decriminalization of sex work#Legal models of sex work|model]].
{{legend|#00ffff|[[Decriminalization of sex work|Decriminalisation]]: sex work is regarded as regular work and operates outside of criminal law}}
{{legend|#008000|[[Prostitution_law#Legalization|Legalisation]]: sex work is legal and regulated, but operates within criminal law, with most activities exempt from criminal penalties}}
{{legend|#336699|[[Abolitionism (prostitution)|Abolitionism]]: sex work is legal but not regulated, and organised activities such as brothels and pimping are illegal}}]]

'''Prostitution in Australia''' is governed by [[States and territories of Australia|state and territory]] laws, which vary considerably, although none ban the selling of sex itself.

* [[Tasmania]], [[Western Australia]] and [[South Australia]] operate under an [[Abolitionism (prostitution)|abolitionism]] framework, where the selling of sex itself is not illegal, but activities such as keeping brothels and pimping are illegal.<ref name=":0">{{Cite web |date=2023-05-01 |title=The Legal Status of Sex Work Across Australia |url=https://www.sydneycriminallawyers.com.au/blog/the-legal-status-of-sex-work-across-australia/ |access-date=2024-04-17 |website=Sydney Criminal Lawyers |language=en-AU}}</ref><ref>{{Cite web |title=Tasmania sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/tas/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref><ref>{{Cite web |title=Western Australia sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/wa/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref><ref>{{Cite web |title=South Australia sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/sa/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref>
* The [[Australian Capital Territory]] operates under a [[Legalization of prostitution|legalisation]] framework, where sex work is legal, but brothels must be licensed and can face criminal penalties for operating without a license. Private sex work is legal if the sex worker is working alone.<ref name=":0" /><ref>{{Cite web |title=Australian Capital Territory sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/act/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref>
* The [[Northern Territory]], [[New South Wales]], [[Queensland]] and [[Victoria (state)|Victoria]] operate under a [[Decriminalization of sex work|decriminalisation]] framework, where most criminal penalties associated with sex work have been removed and brothels or prostitutes are not required to be licensed, however all jurisdictions still have some remaining regulations in regards to where prostitutes or brothels can operate, or on other activities such as advertising.<ref name=":0" /><ref>{{Cite web |title=Northern Territory sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/nt/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref><ref>{{Cite web |title=New South Wales sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/nsw/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref><ref>{{Cite web |title=Queensland sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/qld/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref><ref>{{Cite web |title=Victoria's sex work laws {{!}} Scarlet Alliance |url=https://scarletalliance.org.au/resources/laws/vic/ |access-date=2024-05-21 |website=scarletalliance.org.au}}</ref>

There is no evidence of pre-colonial prostitution amongst [[Indigenous Australians]]. However, sexual practices more consistent with the modern understanding of [[polygamy]] were common, such as the exchange of women to demonstrate friendship. Colonial-era prostitution was controlled via legislation such as the colonial versions of the [[Contagious Diseases Acts]], passed in Victoria and Queensland. Although colonies such as South Australia chose not to pass any CD Act, seeing it as "infringement on the rights of women and official condoning of immorality".{{sfn|Frances|1994}} After [[Federation of Australia|Federation]], criminal law was left in the hands of the states, which by and large did not make selling of sex itself illegal, although many acts associated with it such as solicitation, brothel keeping, and leasing accommodations were made illegal.{{sfn|Carpenter|Hayes|2014}}

From the 1970s onwards, prostitution restrictions have generally eased. A 1990 [[Australian Institute of Criminology]] report recommended decriminalization of prostitution.{{sfn|Pinto et al|1990}} [[New South Wales]] decriminalized street-based sex work in 1979, using a model subsequently adopted by jurisdictions such as New Zealand, and made brothels legal in 1995.<ref>{{Cite journal |last1=Aroney |first1=Eurydice |last2=Crofts |first2=Penny |date=2019-04-30 |title=How Sex Worker Activism Influenced the Decriminalisation of Sex Work in NSW, Australia. |url=http://dx.doi.org/10.5204/ijcjsd.v8i2.955 |journal=International Journal for Crime, Justice and Social Democracy |volume=8 |issue=2 |pages=50–67 |doi=10.5204/ijcjsd.v8i2.955 |issn=2202-8005|hdl=10453/133742 |hdl-access=free }}</ref>

The [[United Nations]] Programme on HIV and AIDS ([[UNAIDS]]), which issues regular statistics on sex work,  estimated there were around 20,500 sex workers in Australia in 2016.{{sfn|UNData|2019}} [[Scarlet Alliance]], a national peer sex worker NGO, provides advocacy for sex workers in Australia.

The Northern Territory decriminalised sex work in 2019.<ref>{{Cite news |date=2019-11-26 |title=NT Parliament votes to decriminalise sex work |url=https://www.abc.net.au/news/2019-11-26/northern-territory-sex-industry-bill-passed/11739820 |access-date=2024-04-17 |work=ABC News |language=en-AU}}</ref> Victoria decriminalised sex work in 2023.<ref name=":3">{{Cite web |title=Decriminalising sex work in Victoria {{!}} Victorian Government |url=http://www.vic.gov.au/review-make-recommendations-decriminalisation-sex-work |access-date=2023-09-20 |website=www.vic.gov.au |language=en-AU}}</ref> Queensland since 2 August 2024<ref>{{cite web | url=https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2024-0135 | title=View - Queensland Legislation - Queensland Government }}</ref> is the most recent state to decriminalise sex work, removing most criminal penalties associated with sex work and abolishing the brothel licensing systems.<ref>{{Cite news |last=Messenger |first=Andrew |date=2024-05-02 |title=Sex work decriminalised in Queensland after decades of campaigning |url=https://www.theguardian.com/australia-news/article/2024/may/02/queensland-sex-work-decriminalised-law-passes |access-date=2024-05-21 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref><ref name=":2">{{Cite web |last=Parliament of Queensland |author-link=Parliament of Queensland |title=Report No. 4, 57th Parliament - Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 |url=https://www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=240&id=4366 |access-date=2024-04-17 |website=www.parliament.qld.gov.au}}</ref><ref name=":1">{{Cite web |last=Prostitution Licensing Authority |date=2023-04-28 |title=Sex Work Industry Review |url=https://www.pla.qld.gov.au/sex-work-industry-review |access-date=2024-04-17 |website= |language=en}}</ref> {{TOC_Limit|limit=3}}

== History ==

Sex work in Australia has operated differently depending on the period of time evaluated. For this reason discussion is divided into three distinct periods: convict, late colonial, and post-federation. Pre-colonial "prostitution" among Aboriginal peoples is not considered here, since it bore little resemblance to contemporary understanding of the term.{{sfn|Frances|1994}} The arrival of the Europeans changed this "wife exchange" system, once they started exchanging their European goods for sexual services from Aboriginal women.{{sfn|Frances|1994}} During the convict period, English common law applied, and dealt with brothel keeping, disorderly houses, and public nuisance. The late colonial period viewed prostitution as a public health issue, through the [[Contagious Diseases Acts]], versions of which passed in Victoria and Queensland, with compulsory examination of prostitutes and detention in "[[Lock hospital|lock hospitals]]" if found to be carrying a "[[venereal disease]]". South Australia chose not to pass any CD Act, seeing it as "infringement on the rights of women and official condoning of immorality". Since [[Federation of Australia|Federation]] in 1901, the emphasis has been on criminalising activities associated with prostitution. Although not explicitly prohibiting paid sex, the criminal law effectively produced a ''de facto'' prohibition.{{sfn|Perkins|1991}}

=== Convict period 1788–1840 ===

Prostitution probably first appeared in Australia at the time of the [[First Fleet]] in 1788. Some of the women transported to Australia had previously worked in prostitution, while others chose the profession due to economic circumstances, and a severe imbalance of the sexes. While the 1822 [[John Bigge|Bigge Inquiry]]  refers to brothels, these were mainly women working from their own homes.{{sfn|Perkins|1991}}

=== Colonial period 1840–1901 ===
In the colonial period, prior to [[Federation of Australia|federation]], Australia adopted the [[Contagious Diseases Acts]] of the United Kingdom between 1868 and 1879 in an attempt to control [[venereal disease]] in the military, requiring compulsory inspection of women suspected of prostitution, and could include incarceration in a [[lock hospital]].{{sfn|Saunders|1995}}

Japan exported prostitutes called [[Karayuki-san]] during the Meiji and Taisho periods to China, Canada, the United States, Australia, French Indochina, British Malaya, British Borneo, British India and British East Africa where they served western soldiers and Chinese coolies.<ref>{{cite journal |last1=Mihalopoulos |first1=Bill |title=The Making of Prostitutes in Japan: The Karayuki-San |journal=Social Justice |date=1994 |volume=21 |issue=2 |pages=161–84 |url=https://www.jstor.org/stable/29766813 |publisher=Social Justice/Global Options|jstor=29766813 }}</ref>

=== Federal period 1901–1970s===
After federation, criminal law was left in the hands of the states. But criminal law relating to prostitution only dates from around 1910. These laws did not make the act of prostitution illegal but did criminalise many activities related to prostitution. These laws were based on [[Prostitution in England|English laws]] passed between 1860 and 1885, and related to soliciting, age restrictions, brothel keeping, and leasing accommodation.{{sfn|Carpenter|Hayes|2014}}

===Post 1970s===

Since the 1970s there has been a change toward liberalisation of prostitution laws, but although attitudes to prostitution are largely homogenous, the actual approaches have varied. A May 1990 [[Australian Institute of Criminology]] report recommended that prostitution not be a criminal offence, since the laws were ineffective and endangered sex workers.{{sfn|Pinto et al|1990}} In 1995 NSW became to first jurisdiction in the world to decriminalise sex work, in response to the [[Royal Commission into the New South Wales Police Service|Wood Royal Commission]]'s findings of widespread police corruption in the sex industry.{{sfn|Frances|2017}}{{sfn|Sullivan|1997}}

Following South Korea passing its Anti-prostitution Law and subsequent crackdowns on brothels and prostitution, many Korean sex workers moved abroad, including to Australia. In 2011 Korea's [[Ministry of Foreign Affairs (South Korea)|Ministry of Foreign Affairs]] estimated there to be 1,000 Korean sex workers in Australia.<ref>{{cite web |last1=Hyo-sik |first1=Lee |title=Over 1,000 Korean women are prostitutes in Australia |url=https://www.koreatimes.co.kr/www/nation/2024/04/113_98737.html |website=[[Korea Times]] |access-date=22 April 2024 |language=en |date=14 November 2011}}</ref> A 2022 investigation by the [[Australian Criminal Intelligence Commission]] and other agencies alleged that 14 Australian-based overseas student education providers worked with crime syndicates to obtain student visa for Korean sex workers.<ref>{{cite web |last1=McKenzie |first1=Nick |title=Australian colleges identified in allegedly helping women enter country to work in sex industry |url=https://www.theage.com.au/national/australian-colleges-identified-in-allegedly-helping-women-enter-country-to-work-in-sex-industry-20221027-p5btlh.html |website=[[The Age]] |access-date=22 April 2024 |language=en |date=2 November 2022}}</ref>

The United Nations Programme on HIV and AIDS [[UNAIDS]] has estimated the number of sex workers in Australia in 2012–2014 as between 20,000 and 25,000.{{sfn|UNData|2019}} [[Scarlet Alliance]], a national peer sex worker [[NGO]], provides advocacy for sex workers in Australia.{{sfn|Scarlet Alliance|2016}}

== Health ==
Despite discriminatory STI, BBV and HIV laws targeted at sex workers, peer education has been effective at keeping STIs in the sex worker population at a low level, similar to the general population, and comparable among the states.{{sfn|Maginn|2013}} Although there had been claims that sex workers were responsible for STI levels in mining communities, subsequent research has shown this not to be true.{{sfn|Scott et al|2012}}

== Human trafficking in Australia ==
{{Main|Human trafficking in Australia}}
The number of people trafficked into or within Australia is unknown. Estimates given to a 2004 parliamentary inquiry into sexual servitude in Australia ranged from 300 to 1,000 trafficked women annually.{{sfn|Joint Committee|2006}}

In 2006, the United Nations Office on Drugs and Crime (UNODC), [http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf Trafficking in persons: global patterns] lists Australia as one of 21 trafficking destination countries in the high category.

Australia did not become a party to the [[Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others]] when it was implemented in 1949. It was implemented in 1999<ref>{{cite Legislation AU|Cth|num_act|ccaassa1999496|Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999}}</ref> the [[Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children]], supplementing the United Nations [[Convention against Transnational Organized Crime]],{{sfn|OHCHR|2000}} to which it is a party. Australia has also ratified on 8 January 2007 the [[Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography]], which requires it to prohibit, besides other things, [[child prostitution]]. For the purpose of the Protocol, a child is any human being under the age of 18, ''unless an earlier age of majority is recognised by a country's law''. In all Australian jurisdictions, the minimum age at which a person can engage in prostitution is 18 years, although it is argued against the age of consent, and it is always illegal to engage another in prostitution.

A 2020 [https://www.mdpi.com/2076-0760/9/11/192/pdf research on migration, sex work and trafficking] showed that, due to the decriminalisation of sex work in some of its states and to a recent increase in work visa opportunities for sections of migrant sex workers, the numbers of human trafficking victims into the sex industry in Australia had dramatically decreased.

== Australian Capital Territory ==

Sex work in the Australian Capital Territory is governed by the ''Sex Work Act 1992'',{{sfn|ACT SWA|1992}} following partial decriminalisation in 1992; that Act was originally known as the ''Prostitution Act 1992'', being changed to its current name by the ''Prostitution Act (Amendment) Act 2018''. Brothels are legal, but sex workers were required to register with the Office of Regulatory Services (ORS), subsequently Access Canberra.{{sfn|ORS|2011}} The ORS also registered and regulated brothels and escort agencies. Sex workers may work privately but must work alone. Soliciting remains illegal (Section 19).

Subsequent amending acts include the ''Prostitution Amendment Act 2002''<ref>{{cite web|url=http://www.legislation.act.gov.au/a/2002-35/20021216-3041/pdf/2002-35.pdf |title=Prostitution Amendment Act 2002 (ACT) }}</ref> and the ''Justice and Community Safety Legislation Amendment Act 2011''<ref>{{cite Legislation AU|ACT|num_act|jacslaa201116o2011549|Justice and Community Safety Legislation Amendment Act 2011}}.</ref>(Part 1.7), a minor administrative amendment.

=== History ===

Prior to passage of the '' Prostitution Act 1992'', prostitution policy in the [[Australian Capital Territory]] (ACT) consisted of "containment and control" under the ''Police Offences Act 1930''<ref>{{cite Legislation AU|ACT|repealed_act|poa1930198|Police Offences Act 1930}}.</ref> This prohibited keeping a brothel, persistently soliciting in a public place, or living on the earnings of prostitution. This law was not enforced. In 1991 a report entitled ''Prostitution in the ACT: Interim Report (Australian Capital Territory)'' was produced by the Select Committee on HIV, Illegal Drugs and Prostitution describing the then state of the industry, the shortcomings of the law, and the possible reforms available. Having considered the example of other Australian States that had adopted various other models, the committee recommended decriminalisation, which occurred in the 1992 ''Prostitution Act''.{{sfn|Collaery |1992}} Sex workers and brothel owners were required to register with the Office of Regulatory Services (ORS), subsequently Access Canberra, as were escort agencies, including sole operators.{{sfn|ORS|2011}}

==== Legislative review 2011 ====

The legal situation was reviewed again with a ''Standing Committee on Justice and Community Safety's inquiry into the ACT Prostitution Act 1992'', following the death of a 16-year-old girl, Janine Cameron, from a heroin overdose in a brothel in 2008.<ref>{{cite web|url=http://www.abc.net.au/news/2010-09-30/sex-trade-laws-under-review/2279780 |title=Sex trade laws under review. ABC News 1 Oct 2010 |publisher=Australian Broadcasting Corporation |date=30 September 2010 }}</ref>

The inquiry was established on 28 October 2010. The committee, chaired by ACT Liberal MLA [[Vicki Dunne]], devised terms of reference that were as follows:

* the form and operation of the Act
* identifying regulatory options, including the desirability of requiring commercially operated brothels to maintain records of workers and relevant proof of age, to ensure that all sex workers are over the age of 18 years
* the adequacy of, and compliance with, occupational health and safety requirements for sex workers
* any links with criminal activity
* the extent to which unlicensed operators exist within the ACT
* other relevant matter<ref>[http://www.parliament.act.gov.au/downloads/terms-of-reference/ToR%20-%20Prostitution%20Act%201992.pdf Inquiry into Prostitution Act: Terms of Reference] {{webarchive |url=https://web.archive.org/web/20120325165730/http://www.parliament.act.gov.au/downloads/terms-of-reference/ToR%20-%20Prostitution%20Act%201992.pdf |date=25 March 2012 }}</ref>

Written submissions were required by 26 February 2011 at which time 58 submissions had been received.<ref>[http://www.parliament.act.gov.au/committees/index1.asp?committee=114&inquiry=994&category=14 Inquiry into Prostitution Act: Submissions] {{webarchive |url=https://web.archive.org/web/20110407230213/http://www.parliament.act.gov.au/committees/index1.asp?committee=114&inquiry=994&category=14 |date=7 April 2011 }}</ref> Submissions to the committee included [[Scarlet Alliance]].<ref>{{cite web|url=http://www.scarletalliance.org.au/library/subact_2011/ |title=Scarlet Alliance submission to the Standing Committee on Justice 2011 |date=10 March 2011 }}</ref> The Alliance requested changes that would allow sex workers to work together, the removal of registration (which is rarely complied with),<ref name=ct311/> and the repeal of sections 24 and 25 dealing with [[sexually transmitted diseases]]. The Eros Association, which represents the industry also called for removal of registration and for an expansion into residential areas.<ref name=ct311>[http://www.canberratimes.com.au/news/local/news/general/sex-trade-eyes-the-suburbs/2094904.aspx Sex trade eyes the suburbs. Canberra Times March 2011] {{webarchive |url=https://web.archive.org/web/20110309024534/http://www.canberratimes.com.au/news/local/news/general/sex-trade-eyes-the-suburbs/2094904.aspx |date=9 March 2011 }}</ref> As in other States and Territories, conservative Christian groups such as the [[Australian Christian Lobby]] (ACL) called for criminalising [[Client (prostitution)|clients]].
<ref>{{cite web |url=http://australianchristianlobby.org.au/2011/05/acl-appears-at-act-prostitution-inquiry/ |title=ACL appears at ACT prostitution inquiry. ACL 11 May 2011 |publisher=Australianchristianlobby.org.au |date=12 May 2011 |url-status=dead |archive-url=https://web.archive.org/web/20111010012055/http://australianchristianlobby.org.au/2011/05/acl-appears-at-act-prostitution-inquiry/ |archive-date=10 October 2011  }}</ref> Groups supporting this position included the [[Coalition Against Trafficking in Women]] Australia,<ref>{{cite web|first1=Caroline |last1=Norma |url=http://www.abc.net.au/unleashed/45278.html |title=Review into prostitution must benefit women not business ABC 21 March 2011 |publisher=Australian Broadcasting Corporation }}</ref><ref>[http://mc2.vicnet.net.au/home/catwaust/files/aboutus.htm Coalition Against Trafficking in Women Australia] {{webarchive|url=https://web.archive.org/web/20110906084407/http://mc2.vicnet.net.au/home/catwaust/files/aboutus.htm |date=6 September 2011 }}</ref> and the Catholic Church.<ref>{{cite web|title=Submission of the Catholic Archdiocese of Canberra and Goulburn|url=https://www.parliament.act.gov.au/__data/assets/pdf_file/0005/373316/Submission_No._35_-_Catholic_Archdiocese_v7.pdf|website=www.parliament.act.gov.au|access-date=15 April 2018|date=22 March 2011}}</ref> Sex workers argued against it.<ref>{{cite web |first1=Elena|last1=Jeffreys|url=http://nothing-about-us-without-us.com/dont-use-the-swedish-model-for-act-sex-workers-the-canberra-times-19-05-11/ |title=Don't use the Swedish model for ACT sex workers. Canberra Times 19 May 2011 |publisher=Nothing-about-us-without-us.com |date=19 May 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110629110727/http://nothing-about-us-without-us.com/dont-use-the-swedish-model-for-act-sex-workers-the-canberra-times-19-05-11/ |archive-date=29 June 2011  }}</ref> 
Ms Dunne stated that the committee would consider exit schemes;<ref>{{cite web|first1=Kate |last1=Evans |url=http://www.abc.net.au/news/2011-04-08/no-exit-programs-for-canberra-sex-workers/2622676 |title=No exit programs for Canberra sex workers |publisher=Australian Broadcasting Corporation |date=8 April 2011}}</ref> however Attorney-General [[Simon Corbell]] stated that it was unlikely there will be any substantive changes to the ''status quo''.<ref>{{cite web|first1=Kathleen |last1=Dyett |url=http://www.abc.net.au/news/2011-03-23/unregulated-sex-industry-hard-to-gauge/2646122 |title=Unregulated sex industry 'hard to gauge' |publisher=Australian Broadcasting Corporation |date=23 March 2011}}</ref> The committee completed its hearings on evidence on 13 July 2011,<ref>{{cite web|url=http://www.hansard.act.gov.au/hansard/2009/comms/justice26.pdf |title=Hansard committee transcripts: Justice 13 July 2011 }}</ref> and issued its report in February 2012.<ref>[http://www.parliament.act.gov.au/downloads/reports/JACS09%20Prostitution%20Act.pdf Report on Inquiry into the Prostitution Act 1992. February 2012] {{webarchive |url=https://web.archive.org/web/20120425174319/http://www.parliament.act.gov.au/downloads/reports/JACS09%20Prostitution%20Act.pdf |date=25 April 2012 }}</ref> The Government issued a formal response in June,<ref>{{cite web|url=https://www.parliament.act.gov.au/__data/assets/pdf_file/0004/373369/Prostitutional_Act.pdf|title=Government response to inquiry into Prostitution Act 1992. 2012}}</ref><ref>{{cite web|url=http://www.abc.net.au/news/2012-06-06/corbell-moves-to-better-protect-sex-workers/4055120?section=act |title=Corbell moves to better protect sex workers. ABC 6 June 2012 |publisher=Australian Broadcasting Corporation |date=6 June 2012}}</ref><ref>{{cite web|url=http://www.cmd.act.gov.au/open_government/inform/act_government_media_releases/corbell/2012/act_sex_industry_is_better_protected_under_law |title=ACT Government: ACT sex industry is better protected under law. 5 June 2012 |publisher=Cmd.act.gov.au |date=27 November 2012}}</ref> stating it would follow most of the recommendations and that the inquiry had affirmed that sex work was a legitimate occupation.

In the [[2012 Australian Capital Territory election|October 2012 elections]] the opposition Liberals campaigned on a platform to oppose allowing more than one sex worker to use a premise in suburban areas<ref>{{cite web|first1=Ewa |last1=Kretowicz |url=https://www.canberratimes.com/act-news/libs-fear-rise-in-minibrothels-20121006-276lj.html |title=Libs fear rise in mini-brothels. Canberra Times 7 October 2012 |website=The Canberra Times |date=7 October 2012}}</ref> but were not successful in preventing a further term of the ALP Green alliance.

=== Advocacy ===
Advocacy for sex workers in the ACT is undertaken by SWOP ACT (Sex Work Outreach Project).<ref>{{cite web |url=http://aidsaction.org.au/swop/index.php |title=Swop Act |publisher=Aidsaction.org.au |url-status=dead |archive-url=https://web.archive.org/web/20111102054008/http://www.aidsaction.org.au/swop/index.php |archive-date=2 November 2011  }}</ref>

== New South Wales ==
[[New South Wales]] (NSW) has almost complete decriminalisation, and has been a model for other jurisdictions such as New Zealand. Brothels are legal in NSW under the ''Summary Offences Act'' 1988.<ref>{{cite Legislation AU|NSW|act|soa1988189|Summary Offences Act 1988}}.</ref> The main activities that are illegal are:
* living on the earnings of a prostitute, although persons who own or manage a brothel are exempt
* causing or inducing prostitution (procuring: ''Crimes Act'' s.91A, B)
* using premises, or allowing premises to be used, for prostitution that are held out as being available for massage, sauna baths, steam baths, facilities for exercise, or photographic studios
* advertising that a premise is used for prostitution, or advertising for prostitutes
* soliciting for prostitution near or within view of a dwelling, school, church or hospital
* engaging in child prostitution (''Crimes Act'' s.91C–F)<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|91C}} Definitions.</ref>

According to a 2009 report in the ''[[The Daily Telegraph (Sydney)|Daily Telegraph]]'', illegal brothels in Sydney outnumbered licensed operations by four to one.<ref>{{cite web|url=http://www.abc.net.au/news/stories/2009/05/18/2573799.htm |archive-url=https://web.archive.org/web/20090521090158/http://www.abc.net.au/news/stories/2009/05/18/2573799.htm |url-status=dead |archive-date=21 May 2009 |title=NSW papers urged to cut brothel ads, ABC news 18 May 2009 |publisher=Australian Broadcasting Corporation |date=18 May 2009}}</ref><!--Um ... how is online advertising dealt with?-->

=== History ===

==== Early era ====
NSW was founded in 1788 and was responsible for [[Tasmania]] until 1825, [[Victoria (Australia)|Victoria]] until 1851 and [[Queensland]] until 1859. It inherited much of the problems of port cities, penal colonies, and the gender imbalance of colonial life. Initially there was little specific legislation aimed at prostitution, but prostitutes could be charged under vagrancy provisions if their behaviour drew undue attention. In 1822 [[John Bigge|Commissioner Bigge]] reported stated there were 20 brothels in Sydney, and many women at the [[Parramatta Female Factory]] were involved in prostitution.<ref>J.T. Bigge. ''Report of the Commissioner of Inquiry into the colony of NSW''. 1822</ref> ''The Prevention of Vagrancy Act 1835'' was designed to deal with 'undesirables'.{{sfn|Perkins|1991}} In 1848 the [[Sydney Female Refuge Society]] was set up in Pitt Street to care for prostitutes; its buildings were demolished in 1901 to make way for the new Central Railway Station.<ref>[http://nla.gov.au/nla.news-article60579365 SYDNEY FEMALE REFUGE SOCIETY]. (8 March 1864). Empire (Sydney, NSW : 1850 - 1875), p. 5. Retrieved 5 February 2019</ref>

The 1859 Select Committee into the Condition of the Working Classes of the Metropolis described widespread prostitution. Nineteenth-century legislation included the ''Criminal Law Amendment Act 1883'' and ''Police Offences Act 1901''. Attempts to pass contagious diseases legislation were resisted, and unlike other States, legislative control was minimal till the general attack on 'vice' of the first decade of the twentieth century which resulted in the ''Police Offences Amendment Act 1908'', and the ''Prisoners Detention Act''. Street prostitution was controlled by the ''Vagrancy Act 1902'' (sec. 4[1] [c]) enabling a woman to be arrested as a 'common prostitute'.{{sfn|Perkins|1991}} This was strengthened by an amendment of the ''Police Offences (Amendment) Act 1908'', which also prohibited living on the earnings.

==== Modern era ====

===== Strengthening the laws =====
The ''Vagrancy Act'' was further strengthened in 1968, making it an offence to 'loiter for the purpose of prostitution' (sec. 4 [1] [k]). These provisions were then incorporated into the ''Summary Offences Act 1970'', s.28.

===== Decriminalisation =====
In the 1970s an active debate about the need for liberalisation appeared, spearheaded by feminists and [[Libertarianism|libertarians]], culminating under the [[Neville Wran|Wran]] ALP government in the ''Prostitution Act 1979''. Eventually NSW became a model for debates on liberalising prostitution laws. But almost immediately, community pressure started to build for additional safeguards, particularly in [[Darlinghurst]],{{sfn|Perkins|1991}} although police still utilised other legislation such as the ''Offences in Public Places Act 1979'' for unruly behaviour. Eventually, this led to a subsequent partial recriminalisation of street work with the ''Prostitution (Amendment) Act 1983'', of which s.8A stipulates that;<br />
(1) A person in a public street shall not, near a dwelling, school, church or hospital, solicit another person for the purpose of prostitution ... <br />
(2) A person shall not, in a school, church or hospital, solicit another person for the purpose of prostitution.<br />
This resulted in Darlinghurst street workers relocating.{{sfn|Perkins|1991}}

Further decriminalisation of premises followed with the<ref>{{cite web|url=http://www.legislation.nsw.gov.au/sessionalview/sessional/TITLE/Disorderly%20Houses%20Amendment%20Act%201995%20No%2053.pdf |title=Disorderly Houses (Amendment) Act 1995 (NSW) }}</ref> implementation of recommendations from the Select Committee of the Legislative Assembly Upon Prostitution (1983–86). Although the committee had recommended relaxing the soliciting laws, the new [[Nick Greiner|Greiner]] Liberal government tightened these provisions further in 1988 through the ''Summary Offences Act'' in response to community pressure. In 1995, as a response to the [[Royal Commission into the New South Wales Police Service|Wood Royal Commission]]'s findings of widespread police corruption in the sex industry, the NSW Parliament passed the ''Disorderly Houses Amendment Act 1995'', resulting in the almost complete [[Decriminalization of sex work#Australia|decriminalisation of sex work]] in NSW.{{sfn|Frances|2017}}{{sfn|Sullivan|1997}}

The current regulatory framework is based on the ''Crimes Act 1900'',<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900}}.</ref> ''Disorderly Houses Act 1943'' (renamed ''Restricted Premises Act'' in 2002), ''Environmental Planning and Assessment Act 1979'', and ''Summary Offences Act 1988''. The suburbs of [[Kings Cross, New South Wales|King's Cross]] in Sydney and [[Islington, New South Wales|Islington]] in [[Newcastle, New South Wales|Newcastle]] have been traditional centres of prostitution. New South Wales legalises [[street prostitution]], but community groups in those locations have occasionally lobbied for re-criminalisation.<ref>{{cite web|url=http://www.abc.net.au/news/2009-06-15/nsw-prostitution-laws-ambiguous-contradictory/1713086 |title=NSW prostitution laws 'ambiguous, contradictory'. ABC 15 June 2009 |publisher=Australian Broadcasting Corporation |date=15 June 2009}}</ref>

As promised in its 2011 election campaign, the Liberal Party sought review of the regulation of brothels. In September 2012, it issues a discussion paper on review of the regulations.<ref>{{cite web|url=http://www.dpc.nsw.gov.au/__data/assets/pdf_file/0006/145077/Issues_Paper_Regulation_of_Brothels.pdf |title=Regulation of Brothels in NSW: Issues Paper Sept 2012 |date=25 May 2023 }}</ref> It stated that the purpose was three-fold, the protection of residential amenity; protection of sex workers and safeguarding public health.{{sfn|Maginn|2013}} Nevertheless, there is no evidence of a negative effect of brothels on the community.<ref>{{cite journal|title=Jason Prior and Penny Crofts. Effects of sex premises on neighbourhoods: Residents, local planning and the geographies of a controversial land use |date=13 August 2012 | doi=10.1111/j.1745-7939.2012.01228.x |volume=68 |issue=2 |journal=New Zealand Geographer |pages=130–140|last1 = Prior|first1 = Jason|last2=Crofts |first2=Penny }}</ref>

=== Politics ===
Generally prostitution policy in NSW has been bipartisan. But in 2010 the [[Leader of the New South Wales Liberal Party|Liberal (centre-right) opposition]] announced that it would make prostitution reform part of its campaign for the [[2011 New South Wales state election|March 2011 State election]]. The plan would involve a new licensing authority, following revelations that the sex industry had been expanding and operating illegally as well as in legal premises. The Liberals claimed that organised crime and coercion were part of the NSW brothel scene.<ref>{{cite web|url=https://www.dailytelegraph.com/news/nsw-act/liberal-brothel-police-to-take-sleaze-out-of-sex/story-e6freuzi-1225974699885 |title=Liberal brothel police to take sleaze out of sex. Daily Telegraph 22 December 2010 |website=The Daily Telegraph|location=Australia |date=29 April 2014}}</ref> The last reform was in 2007, with the Brothels Legislation Act.<ref>{{cite web|url=http://www.legislation.nsw.gov.au/summarize/inforce/s/1/?xref=RecordType%3DACTTOC%20AND%20Year%3D2007%20AND%20Actno%3D29&nohits=y |title=Brothels Legislation Act 2007 |publisher=Legislation.nsw.gov.au }}</ref> The Liberals were duly elected as the new government in that election.<ref>{{cite web|title=Party Totals - NSW Votes 2011|url=http://www.abc.net.au/elections/nsw/2011/guide/parties.htm|website=ABC News (Australian Broadcasting Corporation)|access-date=15 April 2018|language=en|date=26 March 2011}}</ref>

Advocacy for sex workers in NSW is undertaken by SWOP NSW (Sex Workers Outreach Project).<ref>{{cite web|url=http://www.swop.org.au|title=Home - Sex Workers Outreach Project|website=swop.org.au|access-date=24 February 2016}}</ref>

== Northern Territory ==

Sex work including the operation of brothels and street work became legal, subject to regulation, in the [[Northern Territory]] in 2019 with the passage of the ''Sex Industry Act''{{sfn|Sex Industry Bill| 2019}} which repealed earlier legislation.{{sfn|Roberts|Breen|2019}}

=== History ===

Unlike other parts of Australia, the [[Northern Territory]] remained largely Aboriginal for much longer, and Europeans were predominantly male. Inevitably this brought European males into close proximity with Aboriginal women. There has been much debate as to whether the hiring of Aboriginal women as domestic labour but also as sexual partners constituted prostitution or not.<ref>{{Cite journal|last1=Ann|first1=Ann McGrath|title=McGrath, A., "Black Velvet': Aboriginal women and their relations with white men in the Northern Territory, 1910-40". In So Much Hard Work: Women and Prostitution in Australian History, edited by Daniels, K., 233–297. Sydney: Fontana Collins, 1984|url=https://www.academia.edu/27362835|website=Academia|access-date=14 April 2018|language=en}}</ref> Certainly these inter-racial liaisons attracted much criticism. Once the Commonwealth took over the territory from South Australia in 1911, it saw its role as protecting the indigenous population, and there was considerable debate about employment standards and the practice of 'consorting'.<ref>{{Cite journal|last1=McGinn|first1=Ian|title=Commonwealth control of non-indigenous and indigenous relations and mixed descent people in the Northern Territory, 1911-1939|issue=23|url=https://trove.nla.gov.au/work/178682592?q&versionId=194514999|journal=Journal of Northern Territory History|access-date=14 April 2018|pages=25–41|date=2012}}</ref>

Pressure from reform came from women's groups such as Women Against Discrimination and Exploitation (WADE). (Bonney 1997) In 1992 the Prostitution Regulation Act reformed and consolidated the common law and statute law relating to prostitution.<ref>{{cite web|title=Prostitution Regulation Act 1992|url=http://ncp.ncc.gov.au/docs/NT%20Regulation%20of%20Escort%20Agents%20and%20Sex%20Workers%201999.pdf|publisher=Northern Territory of Australia|access-date=14 April 2018}}</ref> The first report of the Escort Agency Licensing Board in 1993 recommended further reform, but the Government did not accept this, feeling there would be widespread opposition to legalising brothels. The Attorney-General's Department conducted a review in 1996. A further review was subsequently conducted in 1998.<ref>{{cite web|url=http://ncp.ncc.gov.au/docs/NT%20Regulation%20of%20Escort%20Agents%20and%20Sex%20Workers%201999.pdf |title=Competition Policy Review – Northern Territory. National Competition Policy Report concerning the Regulation of Escort Agents and Sex Workers 1999 }}</ref> In 2004 ''The Suppression of Brothels Act 1907'' (SA) in its application to the Territory was repealed by the {{cite Legislation AU|NT|act|pra1992317|Prostitution Regulation Act 2004}}. Under this legislation brothels and street work were illegal, but The Northern Territory Licensing Commission<ref>[http://www.nt.gov.au/justice/commission// Northern Territory Licensing Commission] {{webarchive |url=https://web.archive.org/web/20070806092236/http://www.nt.gov.au/justice/commission// |date=6 August 2007 }}</ref> could license Northern Territory residents for a licence to operate an escort agency business.<ref>[http://www.nt.gov.au/justice/licenreg/escorts.shtml Department of Business: Escort Agency Licensing] {{webarchive |url=https://web.archive.org/web/20130207232955/http://www.nt.gov.au/justice/licenreg/escorts.shtml |date=7 February 2013 }}</ref> Sole operators were legal and unregulated. Sex workers protested against the fact that the NT was the only part of Australia where workers had to register with the police.<ref>{{cite web|first1=Phoebe |last1=Stewart |url=http://www.abc.net.au/news/stories/2010/05/14/2899297.htm |archive-url=https://web.archive.org/web/20101117100250/http://www.abc.net.au/news/stories/2010/05/14/2899297.htm |url-status=dead |archive-date=17 November 2010 |title=Prostitution law puts sex workers at risk. ABC 14 May 2010 |publisher=Australian Broadcasting Corporation |date=14 May 2010}}</ref>

==== Sex Industry Act 2019 ====

In June 2010, the NT Government rejected calls from the NT Sex Workers Outreach Programme for legalisation of brothels. As elsewhere in Australia, legalisation was opposed by the [[Australian Christian Lobby]].<ref>{{cite web|url=http://www.ntnews.com.au/article/2010/06/08/153861_ntnews.html|archive-url=https://archive.today/20130410015331/http://www.ntnews.com.au/article/2010/06/08/153861_ntnews.html|url-status=dead |title=Christians adopt Swedish model for prostitution - News - Northern Ter…|date=10 April 2013|archive-date=10 April 2013}}</ref><ref>{{cite web|url=https://therecord.com.au/news/local/nt-warned-on-opening-floodgates-to-women-trafficking/ |title=NT warned on opening floodgates to women trafficking |work=The Record |date=17 June 2010 |publisher=Therecord.com.au |access-date=6 August 2022}}</ref>

The [[Australian Labor Party (Northern Territory Branch)|ALP]] government, [[2016 Northern Territory general election|elected in 2016]], issued a discussion paper in March 2019.{{sfn|NTGov|2019}} Following the consultation period in May, legislation was prepared, and introduced in September as the ''Sex Industry Bill''. It was referred to committee on 18 September, inviting public submissions. The Economic Policy Scrutiny Committee reported on 20 November, with the Government response on the 26th.{{sfn|LANT|2019}} The Bill was considered and passed by the [[Parliament of the Northern Territory|Legislative Assembly]] that day, effectively decriminalising prostitution in the Territory, and coming into force on 16 December 2019.{{sfn|Roberts|Breen|2019}} The move was welcomed by the United Nations HIV/AIDS Programme ([[UNAIDS]]).{{sfn|UNAIDS|2019}}

==== Anti-Discrimination Amendment 2022 ====
In November 2022, the NT Government passed the Anti-Discrimination Amendment Bill giving full protection of sex workers making it the first region in the world to do so.<ref>{{cite web | url=https://www.ntahc.org.au/media-release | title=Media Release | date=23 November 2022 }}</ref><ref>{{cite web | url=https://sexworklawreformvictoria.org.au/news-2022/ | title=News (2022) – Sex Work Law Reform Victoria }}</ref>

== Queensland ==
Since full implementation on 2 August 2024 under [[proclamation]] sex work within Queensland has been formally decriminalised and brothels are allowed and permitted. There is still official restrictions on sex work that are “near or close proximity to schools, hospitals and churches” within legislation.<ref>{{cite web | url=https://www.justice.qld.gov.au/initiatives/sex-work-industry-decriminalisation | title=Sex work industry decriminalisation | date=24 July 2024 }}</ref><ref>{{cite web | url=https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2024-023 | title=View - Queensland Legislation - Queensland Government }}</ref>

=== History ===
Much emphasis was placed in colonial [[Queensland]] on the role of immigration and the indigenous population in introducing and sustaining prostitution, while organisations such as the Social Purity Society described what they interpreted as widespread female depravity. Concerns led to the ''Act for the Suppression of Contagious Diseases 1868'' (31 Vict. No. 40), part of a widespread legislative attempt to control prostitution throughout the British Empire through incarceration in lock hospitals. Brothels were defined in section 231 of the ''Queensland Criminal Code'' in 1897, which explicitly defined 'bawdy houses' in 1901. A further act relating to venereal disease control was the ''Health Act Amendment Act 1911'' (2 Geo. V. No. 26). Solicitation was an offence under Clause 132E, and could lead to a fine or imprisonment. Other measures included the long-standing vagrancy laws and local by-laws.

The [[Fitzgerald Inquiry|Fitzgerald Report]] (''Commission of Inquiry into "Possible Illegal Activities and Associated Police Misconduct"'') of 1989 led to widespread concern regarding the operation of the laws, and consequently a more specific inquiry (''Criminal Justice Commission. Regulating morality? An inquiry into prostitution in Queensland'') in 1991. This in turn resulted in two pieces of legislation, the ''Prostitution Laws Amendment Act 1992'' and the ''Prostitution Act 1999''.<ref>{{cite Legislation AU|Qld|act|pa1999205|Prostitution Act 1999}}.</ref>

The [[Crime and Misconduct Commission]] reported on the regulation of prostitution in 2004,<ref>{{cite web|url=http://www.cmc.qld.gov.au/research-and-publications/publications/crime/regulating-prostitution-an-evaluation-of-the-prostitution-act-1999-qld.pdf/view |title=CMC. ''Regulating prostitution: an evaluation of the Prostitution Act 1999''. December 2004(Qld) }}</ref> and on outcall work in 2006.<ref name=dickson>{{cite web |url=http://www.stevedicksonmp.com.au/Media/Speeches/tabid/76/articleType/ArticleView/articleId/86/Prostitution-and-Other-Acts-Amendment-Bill.aspx |title=Steve Dickson MP. Speech 17 August 2010 |publisher=Stevedicksonmp.com.au |date=17 August 2010 |url-status=dead |archive-url=https://web.archive.org/web/20140505142706/http://www.stevedicksonmp.com.au/Media/Speeches/tabid/76/articleType/ArticleView/articleId/86/Prostitution-and-Other-Acts-Amendment-Bill.aspx |archive-date=5 May 2014  }}</ref><ref>{{cite web |url=http://jannstuckey.com.au/wp-content/uploads/2010/08/Prostitution-and-Other-Acts-Amendment-Bill-030810.pdf |title=Jan Stuckey MP. Speech 3 August 2010 |url-status=dead |archive-url=https://web.archive.org/web/20130420031541/http://jannstuckey.com.au/wp-content/uploads/2010/08/Prostitution-and-Other-Acts-Amendment-Bill-030810.pdf |archive-date=20 April 2013  }}</ref> Five amendments were introduced between 1999 and 2010. In August 2009 the Prostitution and Other Acts Amendment Bill 2009 was introduced<ref>{{cite web|url=http://www.scarletalliance.org.au/library/Qld%20Prostitution%20and%20Other%20Acts%20Amendment%20Bill%202009 |title=Prostitution and other Acts Amendments Bill 2009 }}</ref><ref>[http://www.parliament.qld.gov.au/view/legislativeassembly/tableOffice/documents/HALnks/090818/Prostitution.pdf Prostitution and other Acts Amendments Bill 2009. Legislative Proceedings 18 August 2009] {{webarchive|url=https://web.archive.org/web/20110610173630/http://www.parliament.qld.gov.au/view/legislativeassembly/tableOffice/documents/HALnks/090818/Prostitution.pdf |date=10 June 2011 }}</ref><ref>{{cite web|url=http://www.legislation.qld.gov.au/Bills/53PDF/2009/ProstOAAB09Exp.pdf|title=Bills - Queensland Legislation - Queensland Government|website=www.legislation.qld.gov.au}}</ref> and assented to in September, becoming the ''Prostitution and Other Acts Amendment Act 2010''<ref>{{cite web|url=http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2010/10AC029.pdf|title=Acts as passed - Queensland Legislation - Queensland Government|website=www.legislation.qld.gov.au}}</ref> proclaimed in March 2011.

== South Australia ==
Brothels are illegal in South Australia, under the ''Criminal Law Consolidation Act'' 1935<ref>{{cite Legislation AU|SA|act|clca1935262|Criminal Law Consolidation Act 1935|5}}.</ref> and the ''Summary Offences Act'' 1953.<ref>{{cite Legislation AU|SA|act|soa1953189|Summary Offences Act 1953}}.</ref> Soliciting in public places (maximum penalty of $750), receiving money from the prostitution of another, and procuring are illegal ($2,500 or jail for six months), but the act of prostitution itself is not.{{sfn|Briggs|2019}}

=== History ===

==== Early era ====
Despite the intentions of the founders, prostitution became identified early in the history of the colony, known as the 'social evil', and various government reports during the nineteenth century refer to estimates of the number of people working in prostitution. In 1842, within six years of the founding of the colony, it was reported that there were now "large numbers of females who are living by a life of prostitution in the city of Adelaide, out of all proportion to the respectable population".{{sfn|Perkins|1991}}<ref>Penney, Richard L. (Dr to Governor [[George Grey]]), cited by S. Horan 1984</ref>

The ''Police Act 1844''<ref>{{cite Legislation AU|SA|num_act|pa19o7a8v1844168|An Ordinance for Regulating the Police in South Australia 1844}}.</ref> set penalties for prostitutes found in public houses or public places<ref>"every person who shall...knowingly permit or suffer prostitutes or persons of notoriously bad character to meet together and remain therein, shall be liable to a penalty of not more than Five Pounds". (s. 18. referring to Public Houses) "every common prostitute wandering in the public streets or highways, or in any place of public resort, and behaving in a riotous or indecent manner... shall be deemed an idle and disorderly person [and shall be liable to be committed] to the House of Correction, there to be kept to hard labor for any time not exceeding one calendar month." (s. 20)</ref> This was consistent with the [[vagrancy (people)|vagrancy]] laws then operating throughout the British Empire and remained the effective legislation for most of the remainder of the century, although it had little effect despite harsher penalties enacted in 1863 and 1869.
<ref name="SAMemory">{{cite web|url=http://www.samemory.sa.gov.au/site/page.cfm?u=666#e1453 |title=Social Reform in South Australia: Sex Industry. State Library |publisher=Samemory.sa.gov.au |date=10 May 2007}}</ref>

Following the scandal described by [[WT Stead]] in the UK, there was much discussion of the [[sexual slavery|white slave trade]] in Adelaide, and with the formation of the [[Social purity movement|Social Purity Society]] of South Australia in 1882 along similar lines to that in other countries, similar legislation to the UK ''Criminal Law Consolidation Amendment Act 1885'' was enacted, making it an offence to procure the defilement of a female by fraud or threat (the 1885 ''Protection of Young Persons Act'').<ref>{{cite web|author=Museum of Australian Democracy at Old Parliament House |url=http://explore.moadoph.gov.au/people/86-lee-mary-/list#description |title=Exploring democracy: Lee, Mary |publisher=Explore.moadoph.gov.au }}</ref> Opinions were divided as to whether to address the issue of prostitution by social reform and 'prevention', or by legislation, and many debates were held concerning the need for licensing and regulation.<ref name="SAMemory" />

The twentieth century saw the ''Suppression of Brothels Bill 1907'', the ''Venereal Diseases Act of 1920'', the Police Act 1936 and Police Offences Act 1953.<ref name="SAMemory" />

==== Modern era ====

While current legislation is based on acts of parliament from the 1930s and 1950s, at least six unsuccessful attempts have been made to reform the laws, starting in 1980.<ref name="page3">{{cite web|title=Sex Industry Page 3|url=http://www.samemory.sa.gov.au/site/page.cfm?u=668|website=www.samemory.sa.gov.au|access-date=14 April 2018|date = 4 May 2007}}</ref> In 1978 one of many inquires was launched. Parliament voted a select committee of inquiry in August,<ref name="page3" /> renewed following the [[1979 South Australian state election|1979 election]].<ref name="page3" /> The Evidence Act 1978 was amended to allow witness immunity.<ref name="page3" />

===== Millhouse (1980) =====

The committee report (1980) recommended decriminalisation.<ref name="page3" /> [[Robin Millhouse]]'s (former [[Liberal and Country League|Liberal]] Attorney-General, but then a [[new LM]] and finally [[Australian Democrats|Democrat]] MLA) introduced (27 February 1980) a bill entitled "''A Bill for an Act to give effect to the recommendations of the Select Committee of Inquiry into prostitution''."<ref name="page4">{{cite web|title=Sex Industry Page 4|url=http://www.samemory.sa.gov.au/site/page.cfm?u=669|website=www.samemory.sa.gov.au|access-date=14 April 2018|date = 4 May 2007}}</ref> It generated considerable opposition in the community and failed on a tied vote in the Assembly on 11 February 1981.<ref name="page4" />

===== Pickles (1986) =====

A further bill was introduced in 1986 (Carolyn Pickles [[Australian Labor Party|ALP]] [[Members of the South Australian Legislative Council, 1985–1989|MLC]] 1985–2002) but dropped on 18 March 1987 due to Liberal opposition and community pressure, with a 13–2 vote.<ref name="page4" />

===== Gilfillan (1991) =====

A number of issues kept sex work in the public eye during 1990 and 1991. The next development occurred on 8 February 1991 when [[Ian Gilfillan]] ([[Australian Democrats|Australian Democrat]] MLC 1982–83) stated he would introduce a decriminalisation private members bill. He did so on 10 April 1991<ref name="page6">{{cite web|title=Sex Industry Page 6|url=http://www.samemory.sa.gov.au/site/page.cfm?u=671#e1471|website=www.samemory.sa.gov.au|access-date=14 April 2018|date = 4 May 2007}}</ref> but it met opposition from groups such as the [[Uniting Church]] and it lapsed when parliament recessed for the winter.<ref name="page6" /> Although he introduced a similar bill on 21 August 1991 but on 29 April 1992 a motion passed that resulted in the bill being withdrawn in favour of a reference to the Social Development Committee,<ref name="page6" /> although little was achieved by the latter during this time.

===== Brindal (1993) =====

Another bill came in 1993 and then [[Mark Brindal]], a [[Liberal Party of Australia|Liberal]] backbencher, produced a discussion paper on decriminalisation in November 1994, and on 9 February 1995 he introduced a private member's bill (''Prostitution (Decriminalisation) Bill'') to decriminalise prostitution and the ''Prostitution Regulation Bill'' on 23 February. He had been considered to have a better chance of success than the previous initiatives due to a "sunrise clause" which would set a time frame for a parliamentary debate prior to it coming into effect. He twice attempted to get decriminalisation bills passed, although his party opposed this.<ref>{{cite web|url=http://www.greenleft.org.au/node/9847 |title=Prostitution debated in South Australia. Green Left Weekly 22 February 1995 |publisher=Greenleft.org.au |date=22 February 1995}}</ref> The Decriminalisation Bill was discharged on 6 July, and the Regulation Bill was defeated on 17 July.<ref name="page6" />

===== Cameron (1998) =====

Meanwhile, the Committee released its final report on 21 August 1996,<ref>[http://www.parliament.sa.gov.au/NR/rdonlyres/B48AE49B-FD48-4547-BE5E-58DCCDBD3682/4694/09threportinquiryintoprostitutionfinalreportpt1.pdf Report of the Inquiry into Prostitution (SA)] {{webarchive |url=https://web.archive.org/web/20091006153249/http://www.parliament.sa.gov.au/NR/rdonlyres/B48AE49B-FD48-4547-BE5E-58DCCDBD3682/4694/09threportinquiryintoprostitutionfinalreportpt1.pdf |date=6 October 2009 }}</ref> but it was not till 25 March 1998 that [[Terry Cameron]] MLC (ALP 1995–2006) introduced a bill based on it. It had little support and lapsed when parliament recessed.

===== Brokenshire (1999) =====

The Liberal Police Minister, [[Robert Brokenshire]], introduced four Bills in 1999, the ''Prostitution (Licensing) Bill 1999'', the ''Prostitution (Registration) Bill 1999'', the ''Prostitution (Regulation) Bill 1999'' and the ''Summary Offences (Prostitution) Bill 1999'', to revise the laws and decriminalise prostitution. The ''Prostitution (Regulation) Bill'' was passed by the [[South Australian House of Assembly|House of Assembly]] and received by the [[South Australian Legislative Council|Legislative Council]] on 13 July 2000, but defeated on 17 July 2001, 12:7.<ref name="SAMemory"/> The Bill was also supported by the [[Australian Democrats]].<ref>[http://sa.democrats.org.au/parlt/spring2000/1108_h.htm Hon Sandra Knack. Speech Legislative Council 10 October 2000] {{webarchive|url=https://web.archive.org/web/20091028222709/http://sa.democrats.org.au/parlt/spring2000/1108_h.htm |date=28 October 2009 }}</ref> The then Minister for the status of Women, [[Diana Laidlaw]] is said to have been moved to tears, and called her colleagues "gutless". Another MLC, [[Sandra Kanck]] (Australian Democrat 1993–2009) angrily stated that sex workers had been "thrown to the wolves by Parliament".<ref name=seven>{{cite web|url=http://www.adelaidenow.com.au/news/south-australia/round-seven-on-sex-industry-laws/story-e6frea83-1226147272297 |title=Round seven on sex industry laws. Adelaide Now Sept 27 2011 |publisher=Adelaidenow.com.au |date=29 April 2014}}</ref>

===== Key–Gago (2012–2013) =====

No further attempts to reform the law were made for some time, however in 2010 a governing [[Australian Labor Party|Labor]] backbencher and former minister, [[Stephanie Key]], announced she would introduce a private members decriminalisation bill.<ref>{{cite web|url=http://www.adelaidenow.com.au/mp-moves-to-decriminalise-prostitution-in-south-australia/story-e6frea6u-1225874566324 |title=MP moves to decriminalise prostitution in South Australia, given widespread public support and support within all parties. Adelaide Now 2 June 2010 |publisher=Adelaidenow.com.au |date=29 April 2014}}</ref><ref>{{cite web|url=http://www.adelaidenow.com.au/news/south-australia/call-for-equality-for-south-australias-sex-workers/story-e6frea83-1225945624339 |title=Drive for 'equality' laws for South Australia's sex workers. Adelaide Now 30 October 2010 |publisher=Adelaidenow.com.au |date=29 April 2014}}</ref> Religious groups immediately organised opposition,<ref>{{cite web|url=http://www.fava.org.au/news/2011/steph-key-s-disastrous-new-brothel-bill/ |title=Steph Key's disastrous new brothel bill. Family Voice 2 June 2011 |publisher=Fava.org.au |date=2 June 2011|archive-url=https://web.archive.org/web/20120402101413/http://www.fava.org.au/news/2011/steph-key-s-disastrous-new-brothel-bill/ |archive-date=2 April 2012 }}</ref> although the opposition Liberals promised to consider it.<ref>{{cite web|first1=Tim |last1=Dornin |url=http://news.smh.com.au/breaking-news-national/mp-bids-to-decriminalise-sa-prostitution-20110602-1fi8c.html |title=Sydney Morning Herald 2 June 2011 |website=The Sydney Morning Herald |date=2 June 2011}}</ref> Consultations with the blackmarket industry continued<ref>{{cite web|first1=Ian |last1=Henschke |url=http://www.abc.net.au/news/2010-10-29/push-for-decriminalisation-of-prostitution/2318296 |title=Push for decriminalisation of prostitution. ABC 1 November 2010 |publisher=Australian Broadcasting Corporation |date=1 November 2010}}</ref> and in June 2011 she outlined her intended legislation to amend the ''Criminal Law Consolidation Act 1935'' and the ''Summary Offences Act 1953'' to ensure sex workers had the same industrial rights and responsibilities as other workers, that minors under the age of 18 years were not involved in or associated with sex work, preventing sex services premises from being established within 200 metres of schools, centres for children or places of worship, allowing local government to regulate public amenity, noise, signage and location in relation to sex services premises with more than three workers, promote safe sex education and practice by clients and sex workers, and enable sex workers to report criminal matters to the police like in a similar matter to other citizens, but not where workers could report victims of abuse for intervention assistance or men who sought out such young women as potential rapists or pedophiles.<ref>{{cite web|url=http://www.adelaidenow.com.au/mp-steph-key-pushes-to-decriminalise-prostitution-in-sa/story-e6frea6u-1226067513913 |title=Let's give our sex workers modern rights. Adelaide Now 23 June 2011 |publisher=Adelaidenow.com.au |date=29 April 2014}}</ref>

She presented her proposals to the Caucus in September 2011,<ref name=seven/><ref>{{cite web|url=http://www.abc.net.au/pm/content/2011/s3327086.htm |title=SA MPs consider changes to prostitution laws. ABC Sept 27 2011 |publisher=Australian Broadcasting Corporation |date=29 September 1997}}</ref> and tabled a motion on 24 November 2011 "That she have leave to introduce a Bill for an Act to decriminalise prostitution and regulate the sex work industry; to amend the ''Criminal Law Consolidation Act 1935'', the ''Equal Opportunity Act 1984'', the ''Fair Work Act 1994'', the ''Summary Offences Act 1953'' and the ''Workers Rehabilitation and Compensation Act 1986''; and for other purpose".<ref>{{cite web|title=No 68 - Votes and Proceedings of The House Of Assembly|url=http://www.parliament.sa.gov.au/HouseofAssembly/BusinessoftheAssembly/RecordsandPapers/VotesandProceedings/Votes%20and%20Proceedings/68%20Tuesday%2027%20September%202011.pdf|website=Parliament of South Australia|access-date=15 April 2018|date=27 September 2011}}</ref>

The proposal was opposed by the [[Family First Party]] that had ten per cent of the votes in the [[South Australian Legislative Council|Legislative Council]], where Robert Brokenshire now opposed decriminalisation.<ref>{{cite web|url=http://familyfirstsa.blogspot.ca/2012/05/prostitution-law-in-south-australia.html|archive-url=https://archive.today/20130407134229/http://familyfirstsa.blogspot.ca/2012/05/prostitution-law-in-south-australia.html|url-status=dead |title=Prostitution law in South Australia - Radio Comments - Tuesday 15 May…|date=7 April 2013|archive-date=7 April 2013}}</ref> However Police Commissioner, [[Mal Hyde]], stated that the laws need to change.<ref name=seven/> After considerable discussion and some compromises the ''Sex Work Reform Bill''<ref>{{cite web|url=http://www.parliament.sa.gov.au/Legislation/BillsMotions/SALT/Pages/default.aspx?SaltResultsPerPage=50&SaltPageNumber=1&SaltSessionID=176&SaltHouseID=0&SaltDateFrom=01/01/1995&SaltDateTo=06/03/2013&SaltTitle=sex+work+&SaltBillTypeID=2&SaltMotionTypeID=0&SaltSortExpression=Date&SaltReverseOrder=False&SaltPageIndex=1&SaltMemberID=0&SaltBillNumber=0&SaltSearchType=1&SaltPageTypeId=2&SaltRecordTypeId=0&SaltRecordId=3277&SaltBillSection=0 |title=Sex Work Reform Bill 2012: Legislative tracking |publisher=Parliament.sa.gov.au }}</ref><ref>{{cite web|url=http://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(SEX%20WORK%20REFORM)%20BILL%202012_HON%20STEPH%20KEY%20MP.aspx|archive-url=https://archive.today/20130410023415/http://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(SEX%20WORK%20REFORM)%20BILL%202012_HON%20STEPH%20KEY%20MP.aspx|url-status=dead |title=Sex Work Reform Bill text|archive-date=10 April 2013}}</ref> was introduced in May 2012, but was defeated by one vote, 20 to 19 in a conscience vote on second reading in November 2012.<ref>{{cite web|url=http://www.theaustralian.com.au/national-affairs/state-politics/women-willing-prostitutes-mp/story-e6frgczx-1226517704642 |title=Women willing prostitutes: MP. Australian 16 November 2012 |website=The Australian |date=29 August 2013}}</ref>

Status of Women Minister [[Gail Gago]] introduced a similar bill in the Legislative Council, but withdrew it following the defeat of Stephanie Key's Bill.<ref>{{cite web|url=http://www.news.com.au/breaking-news/national/prostitution-reform-stalls-in-sa/story-e6frfku9-1226525172777 |title=Prostitution reform stalls in SA. News.com 27 November 2012 |publisher=News.com.au |date=27 November 2012}}</ref> Key introduced another Bill<ref>[http://legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(DECRIMINALISATION%20OF%20SEX%20WORK)%20BILL%202013_HON%20STEPH%20KEY%20MP/B_AS%20INTRODUCED%20IN%20HA/STATUTES%20SEX%20WORK%20BILL%202013.UN.PDF Statutes Amendment (Decriminalisation of Sex Work) Bill 2013]  {{webarchive|url=https://web.archive.org/web/20140115013549/http://legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20%28DECRIMINALISATION%20OF%20SEX%20WORK%29%20BILL%202013_HON%20STEPH%20KEY%20MP/B_AS%20INTRODUCED%20IN%20HA/STATUTES%20SEX%20WORK%20BILL%202013.UN.PDF |date=15 January 2014 }}</ref> in May 2013.<ref>{{cite web|url=http://www.adelaidenow.com.au/news/south-australia/south-australia-labor-mp-steph-key-makes-new-attempt-to-decriminalise-prostitution/story-e6frea83-1226644447085 |title=South Australia Labor MP Steph Key makes new attempt to decriminalise prostitution. Adelaide Now 16 May 2013 |publisher=Adelaidenow.com.au |date=29 April 2014}}</ref><ref>{{cite web|url=http://becauseimawhore.com/2013/05/22/dear-sa-can-we-have-the-bill/ |title=Dear SA, can we have the bill? |date=22 May 2013 |publisher=Becauseimawhore.com }}</ref>

===== Lensink–Key–Chapman–Franks (2015–2019) =====

On 1 July 2015 [[Michelle Lensink]] Liberal MLC introduced an updated version of the Key-Gago legislation as a [[Private Member's Bill]] to the South Australian Legislative Council (53rd Parliament),<ref>{{Cite web|title = Legalising sex work in SA|url = https://www.thesaturdaypaper.com.au/news/law-crime/2015/07/11/legalising-sex-work-sa/14365368002106|website = The Saturday Paper|access-date = 21 February 2016|first1 = Max|last1 = Opray|date = 10 July 2015}}</ref> the ''Statutes Amendment (Decriminalisation of Sex Work) Bill'' (LC44). Key and Lensink collaborated across party lines to develop the legislation, sexual exploitation being the obvious potential in an industry like this, and its introduction to the Legislative Council was intended to test key elements of the legislation with important opponents in the upper house.{{sfn|Dayman|2015}} The Bill passed the upper house on 6 July 2017 but did not proceed past a [[second reading]] on 19 October 2017 in the Assembly, due to [[prorogation]] prior to the [[2018 South Australian state election|election]] the following March, which led to a change of government.{{sfn|SALT|2019}}{{sfn|Boisvert|2018}}

The Bill sought to decriminalise sex work by a number of legislative amendments. It would delete the term "common prostitute" from the ''Criminal Law Consolidation Act'' (1935) and ''Summary Offences Act'' (1953). In addition it would remove common law offences relating to sex work and add "sex work" to the ''Equal Opportunity Act'' making discrimination against a person for being a sex worker an offence. Criminal records relating to sex work, including brothels, would be deleted by amending the ''Spent Convictions Act''. The ''Return to Work Act'' would be amended to recognise commercial sexual services as in any other business. Sex workers would also be covered under the ''Work Health and Safety Act''{{sfn|Diamond|2019}}

A further attempt to introduce the same Bill (''Decriminalisation of Sex Work Bill'' LC2) was made on 9 May 2018 (54th Parliament), also as a private member's bill sponsored by the  Attorney-General [[Vickie Chapman]] and [[Tammy Franks]] MLC (Greens), and with the support of Liberal Premier [[Steven Marshall]]. Statistics published at the time showed that only four people had been fined for offering prostitution services in public between 1 October 2016 and 30 September 2019. In that period, 57 fines for other sex work offences, mainly for managing a brothel or receiving money in a brothel.{{sfn|Briggs|2019a}} The bill was again passed in the Legislative Council on 20 June 2019, but this time was defeated in the Assembly 24 to 19 on 13 November 2019 on a [[conscience vote]] on second reading.{{sfn|SALT|2019}} This was the thirteenth bill to fail over a 20-year time period.{{sfn|Briggs|2019}}

== Tasmania ==

Prostitution is legal, but it is illegal for a person to employ or otherwise control or profit from the work of individual sex workers. The ''Sex Industry Offences Act'' 2005<ref>{{cite Legislation AU|Tas|act|sioa2005253|The Sex Industry Offences Act 2005}}.</ref> states that a person must not be a commercial operator of a sexual services business – that is, "someone who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages or is in day-to-day control of a sexual services business". Street prostitution is illegal.<ref name="catwa">{{cite web|title=Prostitution in the Australian news {{!}} Coalition Against Trafficking in Women Australia|url=http://www.catwa.org.au/prostitution-in-the-australian-news/|website=Coalition Against Trafficking in Women Australia|access-date=15 April 2018}}</ref>

This law explicitly outlines that it is illegal to assault a sex worker, to receive commercial sexual services, or provide or receive sexual services unless a [[Condom|prophylactic]] is used.<ref name="scarletalliance">{{cite web|title=Sex Work Laws in Tasmania|url=http://www.scarletalliance.org.au/laws/tas/|website=Scarlet Alliance|access-date=15 April 2018|language=en}}</ref>

=== History ===

Prostitution has existed in [[Tasmania]] (known as [[Van Diemen's Land]] prior to 1856) since its early days as a penal colony, when large numbers of convict women started arriving in the 1820s. Some of the women who were transported there already had criminal records related to prostitution, but most were labelled as such, despite it not being either illegal or grounds for deportation.{{sfn|Leppard|2013}} Prostitution was not so much a profession as a way of life for some women to make ends meet, particularly in a society in which there was a marked imbalance of gender, and convict women had no other means of income.<ref name="artefact">{{cite web|last1=Turnbull|first1=Paul|title=Prostitution - Cultural Artefact - Companion to Tasmanian History|url=http://www.utas.edu.au/tasmanian-companion/biogs/E000802b.htm|website=Centre for Tasmanian Historical Studies|access-date=15 April 2018|language=en-gb|date=2006}}</ref> Certainly brothels were established by the end of the 1820s, and records show girls as young as 12 were involved,<ref name="artefact" /> while prostitution was associated with the female factory at [[Cascades, Tasmania|Cascades]]. Nevertheless, the concept of 'fallen women' and division of women into 'good' and 'bad' was well established. In an attempt to produce some law and order the ''Vagrancy Act 1824'' was introduced.{{sfn|Perkins|1991}}{{sfn|VDL|2015}}{{sfn|Alexander|1989}}

The ''Van Diemen's Land Asylum for the Protection of Destitute and Unfortunate Females'' (1848) was the first establishment for women so designated. Other attempts were the Penitent's Homes and Magdalen Asylums as rescue missions. In 1879 like other British colonies, Tasmania passed a Contagious Diseases Act (based on similar UK legislation of the 1860s),<ref name="artefact" /> and established Lock Hospitals in an attempt to prevent venereal diseases amongst the armed forces, at the instigation of the Royal Navy. The Act ceased to operate in 1903 in the face of repeal movements. However, there was little attempt to suppress prostitution itself. What action there was against prostitution was mainly to keep it out of the public eye, using vagrancy laws.<ref name="artefact" /> Otherwise the police ignored or colluded with prostitution.

==== Twentieth century ====

More specific legislation dates from the early twentieth century, such as the Criminal Code Act 1924 (Crimes against Morality), and the Police Offences Act 1935.<ref>{{cite Legislation AU|Tas|act|poa1935140|Police Offences Act 1935|8}}.</ref> Efforts to reform legislation that was clearly ineffective began in the 1990s. Prior to the 2005 Act, soliciting by a prostitute, living on the earnings of a prostitute, keeping a disorderly house and letting a house to a tenant to use as a disorderly house were criminal offences. Sole workers and escort work, which was the main form of prostitution in the stat, were legal in Tasmania.

Reform was suggested by a government committee in 1999.<ref>{{cite web|url=http://www.parliament.tas.gov.au/ctee/REPORTS/sex.PDF |title=Cover.PDF }}</ref> In December 2002 Cabinet agreed to the drafting of legislation and in September 2003, approved the release of the draft Sex Industry Regulation Bill for consultation. The Bill proposed registration for operators of sexual services businesses.<ref>{{cite book|last1=Campbell|first1=Angela|title=Sister Wives, Surrogates and Sex Workers: Outlaws by Choice?|date=2016|publisher=Routledge|isbn=9781317054610|url=https://books.google.com/books?id=zabeCwAAQBAJ&q=Sex+Industry+Regulation+Bill+tasmania+2003&pg=PA166|language=en}}</ref>

Consultation with agencies, local government, interested persons and organisations occurred during 2004, resulting in the ''Sex Industry Regulation Bill 2004'' being tabled in Parliament in June 2005.<ref>{{cite web|url=http://www.parliament.tas.gov.au/bills/Bills2005/36_of_2005.htm |title=Sex Industry Regulation Bill (Tas) |publisher=Parliament.tas.gov.au |date=20 January 2006}}</ref>
The Bill was supported by sex workers,<ref>{{cite web |url=http://www.afao.org.au/__data/assets/pdf_file/0015/7161/ScarletAllianceTAS_Submission0304.pdf |title=Scarlet Alliance Submission on Sex Industry Regulation Bill (Tas) |url-status=dead |archive-url=https://web.archive.org/web/20120425230104/http://www.afao.org.au/__data/assets/pdf_file/0015/7161/ScarletAllianceTAS_Submission0304.pdf |archive-date=25 April 2012  }}</ref>

The Bill included offence provisions to ensure that Tasmania met its international obligations under the United Nations Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (signed by Australia in 2001.) It passed the House of Assembly and was tabled in the Legislative Council, where it was soon clear that it would not be passed, and was subsequently lost. It was replaced by the Sex Industry Offences Act 2005. Essentially, in response to protests the Government moved from a position of liberalising to one of further criminalising. The Act that was passed consolidated and clarified the existing law in relation to sex work by providing that it was legal to be a sex worker and provide sexual services but that it was illegal for a person to employ or otherwise control or profit from the work of individual sex workers. A review clause was included because of the uncertainty as to what the right way to proceed was. The Act commenced 1 January 2006.<ref>{{cite web|title=Report on the Review of the Sex Industry Offences Act 2005|url=http://www.justice.tas.gov.au/__data/assets/pdf_file/0005/123593/Report_of_the_Review_into_the_Sex_Industry_Offences_Act_2005.pdf|publisher=Department of Justice|access-date=15 April 2018}}</ref>

==== 2008 review ====

In 2008, the Justice Department conducted a review of the 2005 Act and received a number of submissions, in accordance with the provisions of the Act.
<ref>{{cite web|url=http://www.scarletalliance.org.au/library/tas_sub08/ |title=Submission to Sex Industry Act Review 2008 (Tas), Scarlet Alliance November 2008 |date=9 December 2008 }}</ref>
The report was tabled in June 2009<ref>{{cite web|url=http://www.justice.tas.gov.au/__data/assets/pdf_file/0005/123593/Report_of_the_Review_into_the_Sex_Industry_Offences_Act_2005.pdf |title=Report on the Review of the Sex Industry Offences Act 2005. 2009 }}</ref> and expressed concerns about the effectiveness of the legislation, and suggested considering alternatives.

In June 2010, the Attorney-General [[Lara Giddings]] announced the Government was going to proceed with reform, using former Attorney-General [[Judy Jackson]]'s 2003 draft legislation as a starting point.<ref>{{cite web|url=http://www.media.tas.gov.au/release.php?id=29810 |title=Attorney-General outlines law reform agenda. Government of Tasmania 22 June 2010 |publisher=Media.tas.gov.au |date=26 May 2008}}</ref> Giddings became the Premier in a minority ALP government in January 2011. However, her Attorney-general, former premier [[David Bartlett]], did not favour this position<ref>{{cite web|last1=Johnston |first1=Loretta |url=http://www.examiner.com.au/news/local/news/politics/bartlett-unlikely-to-legalise-brothels/2121850.aspx |title=Bartlett unlikely to legalise brothels. The Examiner 2 April 2011 |publisher=Examiner.com.au |date=1 April 2011}}</ref> but resigned shortly afterwards, being succeeded by [[Brian Wightman (politician)|Brian Wightman]].

==== 2012 review ====

Wightman released a discussion paper in January 2012.{{sfn|Tasmania Justice|2012a}}{{sfn|Tasmania Justice|2012}} This was opposed by religious conservative groups, some feminist groups as well as community organisations with concerns about the potential a legalised sex industry to bring organised crime to the state, and included presentations from other States such as [[Sheila Jeffreys]]. The government invited submissions on the discussion paper until the end of March, and received responses from a wide range of individuals and groups.<ref>{{cite web |url=http://www.justice.tas.gov.au/legislationreview/reviews/regulation_of_sex_industry_in_tasmania-discussion_paper/submissions |title=Submissions to the Regulation of the Sex Industry in Tasmania Discussion Paper |publisher=Justice.tas.gov.au |date=23 April 2014 |url-status=dead |archive-url=https://web.archive.org/web/20130502234731/http://www.justice.tas.gov.au/legislationreview/reviews/regulation_of_sex_industry_in_tasmania-discussion_paper/submissions |archive-date=2 May 2013  }}</ref> Wightman declined to refer the matter to the Law Reform Institute.<ref>[http://lawgovpol.com/database/category/prostitution/ Opinions sought on sex law reforms. Lawgovpol 13 March 2012] {{webarchive |url=https://web.archive.org/web/20130924044838/http://lawgovpol.com/database/category/prostitution/ |date=24 September 2013 }}</ref> After the review Wightman stated that there were no plans to make prostitution illegal "Legal issues around the sex industry can be emotive and personal for many people... The Government's top priority is the health and safety of sex workers and the Tasmanian community."<ref>{{cite web|url=http://www.themercury.com.au/article/2012/06/03/334061_tasmania-news.html|archive-url=https://archive.today/20130410014645/http://www.themercury.com.au/article/2012/06/03/334061_tasmania-news.html|url-status=dead |title=Expert adds to sex debate Tasmania News - The Mercury - The Voice of …|date=10 April 2013|archive-date=10 April 2013}}</ref>

== Victoria ==
Victoria decriminalised sex work on 1 December 2023, by repealing the ''Sex Work Act 1994''.<ref name=":3" /> This means that brothels no longer need to be licensed, and offenses such as a sex worker working with a [[sexually transmitted infection]] were repealed. The only offense remaining for street-based sex work is loitering or soliciting for sex work "at or near" a school, education or care service, children's service, or place of worship between the hours of 6am and 7pm, or at any time on prescribed "days of religious significance" at or near a specific religion's places of worship, being:<ref>{{Cite web |last=Consumer Affairs Victoria |first=Victorian Government |title=English sex work decriminalisation resources |url=https://www.consumer.vic.gov.au/resources-and-tools/other-languages/english/sex-work-decriminalisation-resources |access-date=2024-04-17 |website=www.consumer.vic.gov.au |language=en}}</ref>

* For [[Christian]] churches: 
** [[Good Friday]],
** Saturday before Easter Sunday, 
** [[Easter Sunday]], 
** [[Christmas Eve]], 
** [[Christmas Day]]. 

(Note: the prescribed days of Easter are different for [[Eastern Orthodoxy|Eastern Orthodox]] churches, whose Easter date is determined by the [[Julian calendar]] instead of the [[Gregorian calendar]], on which the Victorian Easter public holidays and most other Christian churchs' Easter dates rely on.)

* For [[Muslim]] mosques: 
** [[Ramadan]] (a period of 30 days) 
** [[Eid al-Fitr]] (day after the end of Ramadan).
* For [[Jewish]] synagogues: 
** [[Yom Kippur]] (a period of 2 days)
** [[Hanukkah]] (a period of 8 days).

No other "days of religious significance" have been prescribed. Other offenses exist such as a business owner or manager allowing a person aged between 18 months and 18 years of age to enter or remain in a sexual services business except if that premises is primarily used as a residence.<ref>{{Cite web |last=Parliament of Victoria |author-link=Parliament of Victoria |title=Summary Offenses Act 1966 |url=https://www.legislation.vic.gov.au/in-force/acts/summary-offences-act-1966/142 |access-date=18 April 2024}}</ref>

Additionally, it is against the law to discriminate against someone, for example in rental applications or in employment, on the basis of "lawful sexual activity" under the ''Equal Opportunity Act 2010'', and this includes sex work.<ref>{{Cite web |date=May 2023 |title=Guideline: Sex work discrimination |url=https://www.humanrights.vic.gov.au/static/bb9bc7cd2bf5f934b039d89d0f0baab6/Resource-Sex_work_discrimination-Guideline-English-May_2023-2.pdf |access-date=22 May 2024 |publisher=[[Victorian Equal Opportunity and Human Rights Commission]]}}</ref>

=== History ===

Victoria has a long history of debating prostitution, and was the first State to advocate regulation (as opposed to decriminalisation in New South Wales) rather than suppression of prostitution. Legislative approaches and public opinion in [[Victoria (Australia)|Victoria]] have gradually moved from advocating prohibition to control through regulation. While much of the activities surrounding prostitution were initially criminalised ''de jure'', ''de facto'' the situation was one of toleration and containment of 'a necessary evil'.<ref name=swaa2011/>

==== 19th century ====

Laws against prostitution existed from the founding of the State in 1851. The ''Vagrant Act 1852''<ref>{{cite Legislation AU|Vic|hist_act|tva1852127|Vagrant Act 1852}}.</ref> included prostitution as riotous and indecent behaviour carrying a penalty of imprisonment for up to 12 months with the possibility of hard labour (Part II, s 3).<ref>Any habitual Drunkard having been thrice convicted of drunkenness within the preceding twelve months and any common Prostitute who in any Street or public Highway or being in any place of public Resort shall behave in a riotous or indecent manner....shall be liable to imprisonment in any Gaol or House of Correction in the said Colony for any time not exceeding twelve months with or without hard labour.</ref> The ''Conservation of Public Health Act 1878''<ref>{{cite Legislation AU|Vic|hist_act|tcopha1878318|Conservation of Public Health Act 1878}}.</ref> required detention and medical examination of women suspected of being prostitutes,
<ref>4. Upon complaint made on oath by a sergeant of police or by an officer of a higher rank in the police force that a female is or is reputed to be a common prostitute or has within fourteen days prior to the making of such complaint solicited prostitution and that he has been informed and has reason to believe that she is suffering from the disease a police magistrate may by notice in the form set forth in the First Schedule hereto or to the like effect require such female to appear before him and prove by the evidence of some legally qualified medical practitioner that she is free from the disease</ref> corresponding to the [[Contagious Diseases Acts]] in other parts of the [[British Empire]]. This Act was not repealed till 1916, but was relatively ineffective either in controlling venereal diseases or prostitution.{{sfn|Frances|1994}}

The ''Crimes Act 1891'' included specific prohibitions under ''PART II.—Suppression of Prostitution''<ref>{{cite Legislation AU|Vic|hist_act|ca189182|Crimes Act 1891}} Sections 14–21.</ref> Procurement (ss 14–17) or detention (ss 18–21) of women either through inducements or violence to work as prostitutes was prohibited, with particular reference to underage girls. The ''Police Offences Act 1891''<ref>{{cite Legislation AU|Vic|hist_act|poa1891140|Police Offences Act 1891}}.</ref> separated riotous and indecent behaviour from prostitution, making it a specific offence for a prostitute to 'importune' a person in public (s 7(2)).<ref>(2) Every common prostitute who importunes any person passing in any public street thoroughfare or place or within the view or hearing of any person passing therein—shall be liable to a penalty not exceeding Five pounds or to imprisonment for any period not exceeding one month.</ref>

Despite the laws, prostitution flourished, the block of Melbourne bounded by La Trobe Street, Spring Street, Lonsdale Street and Exhibition Street being the main [[red light district]], and their madams were well known. An attempt at suppression in 1898 was ineffectual.<ref name=swaa2011/>

==== Early 20th century ====

The ''Police Offences Act 1907''<ref>{{cite Legislation AU|Vic|hist_act|poa1907140|Police Offences Act 1907}}.</ref> prohibited 'brothel keeping', leasing a premise for the purpose of a brothel, and living off prostitution (ss 5, 6). Despite a number of additional legislative responses in the early years of the century, enforcement was patchy at best. Eventually amongst drug use scandals, brothels were shut down in the 1930s. All of these laws were explicitly directed against women, other than living on the avails.

In the 1970s brothels evaded prohibition by operating as 'massage parlours', leading to pressure to regulate them, since public attitudes were moving more towards regulation rather than prohibition.<ref name="poliyics">{{cite book|last1=Carver|first1=Terrell|last2=Mottier|first2=Véronique|title=Politics of Sexuality: Identity, Gender, Citizenship|date=1998|publisher=Psychology Press|isbn=9780415169530|url=https://books.google.com/books?id=GVFm126427EC&q=Melbourne+massage+parlours+in+the+1970s&pg=PA181|language=en}}</ref> Initial attempts involved planning laws, when in 1975 the Melbourne Metropolitan Planning Scheme allowed for the operation of these parlours, even though they were known to be brothels, indeed the approval process required assurances that they would not be operated as such but this was not enforced. Community concerns were loudest in the traditional [[Melbourne]] stroll area of [[St Kilda, Victoria|St. Kilda]].<ref>{{cite web|title=Hard sell on Sex Street|url=https://www.theage.com.au/articles/2002/07/12/1026185109176.html|website=www.theage.com.au|access-date=14 April 2018|date=13 July 2002}}</ref>

==== Late 20th century: From prohibition to regulation ====

A Working Party was assembled in 1984 and led to the ''Planning (Brothel) Act 1984'',<ref name="saltskakers">{{cite web|last1=Stokes|first1=Jenny|title=Prostitution in Victoria - the effects of legalisation |url=http://www.saltshakers.org.au/images/stories/attachments/246_513413_ISSUES_-_PROSTITUTION_-_.pdf|website=Salt Skakers|access-date=14 April 2018}}</ref> as a new approach. Part of the political bargaining involved in passing the act was the promise to set up a wider inquiry. The inquiry was chaired by [[Marcia Neave]], and reported in 1985. The recommendations to allow brothels to operate legally under regulation tried to avoid some of the issues that arose in New South Wales in 1979. It was hoped that regulation would allow better control of prostitution and at the same time reduce street work. The Government attempted to implement these in the ''Prostitution Regulation Act 1986''.<ref name="saltskakers" /> However, as in other States, the bill ran into considerable opposition in the upper house,<ref>{{cite book|last1=Laster|first1=Kathy|title=Law as Culture|date=2001|publisher=Federation Press|isbn=9781862873506|url=https://books.google.com/books?id=vT_otRidy2MC&q=prostitution+regulation+act+1986+opposition&pg=PA154|language=en}}</ref> was extensively amended, and consequently many parts were not proclaimed. This created an incoherent patchwork approach.

==== 21st century ====
In February 2022, Victoria passed legislation to decriminalise sex work. The ''Sex Work Decriminalisation Act 2021'' will partially abolish street-based sex work offences and associated public health offences, remove the licensing system and move to regulate the industry through existing agencies."<ref>{{cite news |last1= Godde |first1= Callum |last2= Woods |first2= Emily |date= 10 February 2022 |title= Vic decriminalises sex work as bill passes |url= https://www.examiner.com.au/story/7615400/vic-decriminalises-sex-work-as-bill-passes/ |work= The Examiner |access-date= 24 February 2022}}</ref> From 1 December 2023, a sex services business will be able to operate exactly the same way as any other business in Victoria.<ref name=":4">{{Cite web |title=Decriminalisation of sex work in Victoria |author= |work=Planning |date=28 June 2022 |access-date=6 August 2022 |url= https://www.planning.vic.gov.au/policy-and-strategy/decriminalisation-of-sex-work-in-victoria}}</ref>

===Regulatory framework===

In 1992 a working group was set up by the Attorney-General, which resulted in the ''Prostitution Control Act'' 1994 (PCA)
<ref>{{cite Legislation AU|Vic|hist_act|pca1994295|Prostitution Control Act 1994}}</ref> (now known as the ''Sex Work Act 1994''<ref>{{cite Legislation AU|Vic|act|swa1994129|Sex Work Act 1994}}.</ref>) This Act legalises and regulates the operations of [[brothel]]s and [[escort agency|escort agencies]] in Victoria. The difference between the two is that in the case of a brothel clients come to the place of business, which is subject to local council planning controls. In the case of an escort agency, clients phone the agency and arrange for a sex worker to come to their homes or motels. A brothel must obtain a permit from the local council (Section 21A). A brothel or escort agency must not advertise its services. (Section 18) Also, a brothel operator must not allow alcohol to be consumed at the brothel, (Section 21) nor apply for a liquor licence for the premises; nor may they allow a person under the age of 18 years to enter a brothel nor employ as a sex worker a person under 18 years of age, (Section 11A) though the [[age of consent]] in Victoria is 16 years.<ref>{{cite Legislation AU|Vic|act|ca195882|rimes Act 1958|45}}.</ref>

Owner-operated brothels and private escort workers are not required to obtain a licence, but must be registered, and escorts from brothels are permitted. If only one or two sex workers run a brothel or escort agency, which does not employ other sex workers, they also do not need a licence, but are required to be registered. However, in all other cases, the ''operator'' of a brothel or escort agency must be licensed. The licensing process enables the licensing authority to check on any criminal history of an applicant. All new brothels are limited to having no more than six rooms. However, larger brothels which existed before the Act was passed were automatically given licences and continue to operate, though cannot increase the number of rooms. Sex workers employed by licensed brothels are not required to be licensed or registered.<ref>Consumer Affairs Victoria – [http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Consultations_Reviews/$file/PropProstitutionRegs2006_RIS.pdf Proposed Prostitution Control Regulations 2006] {{webarchive|url=https://web.archive.org/web/20091229061146/http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Consultations_Reviews/%24file/PropProstitutionRegs2006_RIS.pdf |date=29 December 2009 }}, p8.</ref> A person under 18 years is not permitted to be a sex worker (sections 5–7), and sex work must not be [[Forced prostitution|forced]] (section 8)

Amending Acts were passed in 1997 and 1999, and a report on the state of sex work in Victoria issued in 2002.<ref>{{cite web|url=http://www.popcenter.org/problems/street_prostitution/PDFs/Victoria_prostitution_2002.pdf |title=Executive Summary }}</ref> More substantial amendments followed in 2008.<ref>{{cite web|url=http://www.parliament.vic.gov.au/publications/research-papers/686-prostitution-control-and-other-matters-amendment-bill-2008/download |title=Prostitution-control and other matters amendment bill 2008. Parliamentary Library 2008 }}</ref> The ''Consumer Affairs Legislation Amendment Act 2010''<ref>{{cite web |url=http://sexworker.org.au/Portals/0/documents/Changes%20to%20laws.pdf |title=FINAL RED No. 19 gone to print[1&#93;.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120317120109/http://sexworker.org.au/Portals/0/documents/Changes%20to%20laws.pdf |archive-date=17 March 2012  }}</ref> came into effect in November 2010. 'Prostitution' was replaced by 'Sex Work' throughout. The Act is now referred to as the ''Sex Work Act 1994''. In 2011 further amendments were introduced,<ref name=swaa2011>{{cite web|url=http://www.parliament.vic.gov.au/publications/research-papers/2222-sex-work-and-other-acts-amendment-bill-2011/download |title=Sex Work and Other Acts Amendment Bill 2011. Parliamentary Library October 2011 }}</ref> and assented to in December 2011. In addition to the ''Sex Work Act 1994'', it amends the ''Confiscation Act 1997'' and the ''Confiscation Amendment Act 2010''. The stated purposes of the Act<ref>{{cite web|url=http://www.parliament.vic.gov.au/static/www.legislation.vic.gov.au-statbook.html |title=Sex Work and Other Acts Amendment Act 2011 |publisher=Parliament.vic.gov.au }}</ref> is to assign and clarify responsibility for the monitoring, investigation and enforcement of provisions of the Sex Work Act; to continue the ban on street  prostitution.<ref>{{cite web|title=Consumer Affairs Legislation Amendment (Reform) Act 2010|url=http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6ca256da4001b90cd/58D7A5BFA4DD2CCECA2577AC0020D9E0/$FILE/10-063a.pdf|publisher=Victorian Legislation and Parliamentary Documents|access-date=15 April 2018}}</ref>

As part of the ''Sex Work Decriminalisation Act 2021'', the ''Sex Work Act 1994'' was completely repealed, effective from 1 December 2023. The only remaining consensual adult prostitution related offenses are loitering or soliciting for sex work at or near a place of worship or school at specific times, which are contained in the ''Summary Offenses Act 1966''. Other offenses relating to children and non consensual prostitution were also transferred to other Acts. All regulatory and planning functions for brothels and other sex businesses now operate the same as any other business, with workplaces subject to [[WorkSafe Victoria]] requirements and subject to the Victorian Planning Provisions.<ref name=":4" />

=== 2000s perspectives and reviews ===
====Premises-based sex work====

In November 2005, 95 licensed brothels existed in Victoria and a total of 2007 small owner-operators were registered in the state (Of these, 2003 were escort agents, two were brothels, and two were combined brothels and escort agents.) Of the 95 licensed brothels, 505 rooms existed and four rooms were located in small exempt brothels. Of 157 licensed prostitution service providers (i.e. operators), 47 were brothels, 23 were escort agencies and 87 were combined brothel-escort agencies.<ref name="Mary" /> In March 2011, government data showed the existence of 98 licensed brothels in Victoria.<ref name="Paul">{{cite news|title=Brothels boom in the suburbs|url=http://www.news.com.au/national/brothels-boom-in-the-suburbs/story-e6frfkvr-1226020854619|access-date=5 May 2014|newspaper=News.com.au|date=14 March 2011|first1=Paul|last1=Tatnell}}</ref>

Based on the statements of William Albon, a representative of the Australian Adult Entertainment Industry (AAEI) (formerly the Australian Adult Entertainment Association (AAEA)), the number of illegal brothels in Victoria was estimated as 400 in 2008,<ref>{{cite news|title=Sex called off in hunt for illegal brothels|url=http://www.theage.com.au/national/sex-called-off-in-hunt-for-illegal-brothels-20081018-53nx.html|access-date=5 May 2014|newspaper=The Age|date=19 October 2008|first1=Melissa|last1=Fyfe}}</ref> with this estimation rising to 7,000 in 2011. In 2011 ''News.com.au'' published an estimate of 400 illegal brothels in the Melbourne metropolitan area—the article cited the news outlet's engagement with the Victorian State Government's Business Licensing Authority (BLA), the body responsible for registering owner-operated sex work businesses, but does not clarify from where or whom it obtained the estimate.<ref name="Paul" />

However, a 2006 study conducted by the University of Melbourne, Melbourne Sexual Health Centre and Victoria's [[The Alfred Hospital|Alfred Hospital]], concluded that "The number of unlicensed brothels in [[Melbourne]] is much smaller than is generally believed." The study's results presented an estimate of between 13 and 70 unlicensed brothels in Melbourne, and the method used by the researchers involved a systematically analysis of the language used in advertisements from Melbourne newspapers published in July 2006 to identify sex industry venues that were indicated a likelihood of being unlicensed. A total of 438 advertisements, representing 174 separate establishments, were analysed.<ref name="Chen">{{cite journal|title=Estimating the number of unlicensed brothels operating in Melbourne|first1=MY|last1=Chen|first2=B|last2=Donovan|date=February 2010|display-authors=etal|pmid=20920108|doi=10.1111/j.1753-6405.2010.00476.x|volume=34|issue=1|journal=Australian and New Zealand Journal of Public Health|pages=67–71|s2cid=11899925|doi-access=free|hdl=10536/DRO/DU:30030475|hdl-access=free}}</ref>

====Street sex work====

An advisory group was founded in March 2001 by the Attorney-General at the time, Rob Hulls, which solely examined the issues pertaining to the [[City of Port Phillip]], as the suburb of [[St Kilda, Victoria|St. Kilda]] is a metropolitan location in which a significant level of street prostitution occurred. The Advisory Group consisted of residents, traders, street-based sex workers, welfare agencies, the City of Port Phillip, the State Government and Victoria Police, and released the final report after a 12-month period.<ref>{{Cite web |title=Attorney General's Street Prostitution Advisory Group - Final Report |url=https://popcenter.asu.edu/sites/default/files/problems/street_prostitution/PDFs/Victoria_prostitution_2002.pdf |url-status=live |archive-url=https://web.archive.org/web/20240417130553/https://popcenter.asu.edu/sites/default/files/problems/street_prostitution/PDFs/Victoria_prostitution_2002.pdf |archive-date=17 April 2024}}</ref>

The Executive Summary of the report states:

<blockquote>
The Advisory Group seeks to use law enforcement strategies to manage and, where possible, reduce street sex work in the City of Port Phillip to the greatest extent possible, while providing support and protection for residents, traders and workers. It proposes a harm minimisation approach to create opportunities for street sex workers to leave the industry and establish arrangements under which street sex work can be conducted without workers and residents suffering violence and abuse ... A two-year trial of tolerance areas and the establishment of street worker centres represents the foundation of the package proposed by the Advisory Group. Tolerance areas would provide defined geographic zones in which clients could pick-up street sex workers. The areas would be selected following rigorous scrutiny of appropriate locations by the City of Port Phillip, and a comprehensive process of community consultation. Tolerance areas would be created as a Local Priority Policing initiative and enshrined in an accord. Ongoing monitoring would be undertaken by the City of Port Phillip Local Safety Committee.<ref name="Rob">{{cite web |date=April 2002 |title=Final Report |url=http://www.scarletalliance.org.au/library/agspag02 |access-date=5 May 2014 |website=Scarlet Alliance |publisher=State Government of Victoria |format=PDF}}</ref></blockquote>

The concluding chapter of the report is entitled "The Way Forward" and lists four recommendations that were devised in light of the publication of the report. The four recommendations are listed as: a transparent process; an implementation plan; a community consultation; and the completion of an evaluation.<ref name="Rob" />

The June 2010 Victorian Recommendations of the Drug and Crime Prevention Committee were released nearly a decade later and, according to SA:

<blockquote>
... if implemented, will criminalise, marginalise and further hurt migrant and non- migrant sex workers in Victoria; a group who already face the most overbearing regulatory structures and health policies pertaining to sex workers in Australia, and enjoy occupational health and safety worse than that of their criminalised colleagues (Western Australia) and far behind those in a decriminalised setting (New South Wales).<ref name="Rec">{{cite web|title="Response to Victorian Recommendations into trafficking for sex work" 2010|url=http://www.scarletalliance.org.au/laws/vic/vicrecommendations_2010/|website=Scarlet Alliance|access-date=5 May 2014|year=2010}}</ref></blockquote>

Alongside numerous other organisations and individuals, SA released its response to the recommendations of the Committee that were divided into two sections: 1. Opposition to all of the recommendations of the Victorian Parliamentary Inquiry 2. Recommendations from the Victorian Parliamentary Committee to the Commonwealth Government. The list of organisations in support of SA's response included [[EMPOWER|Empower Foundation, Thailand]]; COSWAS, Collective of Sex Workers and Supporters, Taiwan; TAMPEP (European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers); Sex Workers Outreach Project USA; Maria McMahon, Former Manager Sex Workers Outreach Project NSW and Sex Services Planning Advisory Panel, NSW Government; and Christine Harcourt, Researcher, Law & Sex Worker Health Project (LASH) for the University of NSW National Centre in HIV Epidemiology and Clinical Research and Faculty of Law and University of Melbourne Sexual Health Unit School of Population Health.<ref name="Rec" />

====HIV====

In terms of HIV, a 2010 journal article by the Scarlet Alliance (SA) organisation—based on research conducted in 2008—explained that it is illegal for a HIV-positive sex worker to engage in sex work in Victoria; although, it is not illegal for a HIV-positive client to hire the services of sex workers. Additionally, according to the exact wording of the SA document, "It is not a legal requirement to disclose HIV status prior to sexual intercourse; however, it is an offence to intentionally or recklessly infect someone with HIV."<ref>{{cite journal|title=HIV criminalisation and sex work in Australia|url=http://www.scarletalliance.org.au/library/Jeffreys_Matthews_Thomas_2010/|journal=Reproductive Health Matters|publisher=Elsevier|access-date=5 May 2014|first1=Elena|last1=Jeffreys|first2=Kane |last2=Matthews |first3=Alina |last3=Thomas |year=2010|volume=18|issue=35|pages=129–36|doi=10.1016/S0968-8080(10)35496-6|pmid=20541091|s2cid=11284156|doi-access=free}}</ref>

==== Economics ====
Between 1995 and 1998, the Prostitution Control Board, a state government body, collected $991,000 Australian in prostitution licensing fees. In addition, hoteliers, casinos, taxi drivers, clothing manufacturers and retailers, newspapers, advertising agencies, and other logically related businesses profit from prostitution in the state. One prostitution business in Australia is publicly traded on the Australian stock exchange.<ref>{{cite web|last1=West|first1=Michael|title=Trading in sex: ASX float for mega brothel|url=https://www.smh.com.au/national/nsw/trading-in-sex-asx-float-for-mega-brothel-20110801-1i88a.html|website=The Sydney Morning Herald|access-date=15 April 2018|language=en|date=1 August 2011}}</ref>

=== Criticism ===
[[Coalition Against Trafficking in Women]] Australia (CATWA) members [[Sheila Jeffreys]] and Mary Sullivan in a 2001 article criticised the 1984 Labor government decision to legalise prostitution in Victoria. They explained the legislative shift as follows: "The prohibition of prostitution was seen to be ineffective against a highly visible massage parlour trade (a euphemism for brothels), increasing street prostitution, criminal involvement and drug use."<ref name="Mary">{{Cite web| last1=Jeffreys | first1=Sheila | last2=Sullivan | first2=Mary | author-link1 = Sheila Jeffreys | title = Legalising prostitution is not the answer: the example of Victoria, Australia |publisher= Coalition Against Trafficking In Women |date=2001 | url =https://www.catwa.org.au/wp-content/uploads/2016/10/Legalisation-not-the-answer.pdf |access-date=7 August 2022}}</ref> The authors used the term "harm minimization" to describe the objective of the Labor government at the time, and the oppositional Coalition government elected in 1992 decided to continue this policy.<ref name="Mary" /><ref>{{citation | last1 = Sullivan | first1 = Mary Lucille | contribution = Legitimizing prostitution: critical reflections on policies in Australia | editor-last = Coy | editor-first = Maddy | editor-link = Maddy Coy | title = Prostitution, harm and gender inequality: theory, research and policy | publisher = Ashgate | pages = 141–158 | location = Farnham, Surrey, England Burlington, Vermont | year = 2012 | isbn = 9781409405450 | postscript = .}}</ref> Sullivan and Jeffreys defined sex work as "commercial sexual violence", and argued that the aim to eliminate organised crime from the sex industry had failed.<ref name="Mary" />

In a 2005 study Mary Sullivan of CATWA stated that prostitution businesses made revenues of A$1,780 million in 2004/5 and that the sex industry was growing at a rate of 4.6% annually (a rate higher than GDP). In the state of Victoria, there were 3.1 million instances of buying sex per year as compared with a total male population of 1.3 million men.<ref name="Sullivan">{{Cite web |title=What Happens When Prostitution Becomes Work? An Update on Legalisation of Prostitution in Australia |author=Mary Sullivan |work=catwa.org.au |date=2005 |access-date=7 August 2022 |url= https://www.catwa.org.au/wp-content/uploads/2016/12/What-happens-when-prostitution-becomes-work.pdf}}</ref>{{rp|6}}

She stated that women made up 90% of the labour force in the industry in Victoria and earned, on average, A$400–$500 per week, did not receive holiday or sick pay, and worked on average four 10-hour shifts per week. According to her report, there had been an overall growth in the industry since legalisation in the mid-1980s and that with increased competition between prostitution businesses, earnings had decreased. She estimated the total number of women working in the sex trade to be 3,000 to 4,000 in the mid-1980s, opposed to 4500 women in the legal trade alone in 2005, estimating the illegal trade to be 4 to 5 times larger.<ref name=Sullivan />{{rp|5–6}}

Sullivan's study stated that the sex industry was run by six large companies, which tended to control a wide array of prostitution operations, making self-employment very difficult.<ref name=Sullivan />{{rp|8–9}} She claimed brothels took 50% to 60% of the money paid by clients, and that one agency threatened a worker with a fine if she refused a customer.<ref name=Sullivan />{{rp|7}} Sullivan also alleged that legal businesses were commonly used by criminal elements as a front to launder money from human trafficking, underage prostitution, and other illicit enterprises.<ref name=Sullivan />{{rp|14}}

Sullivan's claims have been widely disputed.<ref>{{cite web|url=http://ojs.unbc.ca/index.php/cpsr/article/download/48/168 |title=Leslie Ann Jeffrey and Barbara Sullivan. Canadian Sex Work Policy for the 21st Century: Enhancing Rights and Safety, Lessons from Australia. Canadian Political Science Review 3(1) March 2009 (57-76)}}</ref><ref>{{cite web|url=http://www.socsci.uci.edu/~mbshah/papers/Shah_bookreview.pdf|archive-url=https://wayback.archive-it.org/all/20120128210646/http://www.socsci.uci.edu/~mbshah/papers/Shah_bookreview.pdf|url-status=dead |archive-date=28 January 2012|title=Review of Making Sex Work: A Failed Experiment with Legalised Prostitution, by Mary Lucille Sullivan, Feminist Economics, 2008, 14(4): 216–218|publisher= Department of Economics, University of Melbourne |first1=Manisha |last1=Shah}}</ref>{{sfn|Goodyear et al|2007}}<ref>{{cite web|ssrn=1877989 |title=Ronald Weitzer. The Mythology of Prostitution: Advocacy Research and Public Policy. Sex Res Soc Policy (2010) 7:15–29 |publisher=Papers.ssrn.com |date=2 May 2012|url=http://lastradainternational.org/lsidocs/prostitution%20mythology%202010%20(2).pdf|last1=Weitzer |first1=Ronald }}</ref>

== Western Australia ==

Like other Australian states, Western Australia has had a long history of debates and attempts to reform prostitution laws. In the absence of reform, varying degrees of toleration have existed. The current legislation is the ''Prostitution Act 2000'',{{sfn|Prostitution Act|2000}}{{sfn|Scarlet Alliance WA|2016}} with some offences under the ''Criminal Code'', ''Health Act'' 1911 (addressing [[venereal diseases]]) and the ''Liquor Control Act'' 1988 (prohibiting a prostitute from being on licensed premises). Prostitution itself is legal, but many activities associated with it, such as pimping and running brothels, are illegal. Despite the fact that brothels are illegal, the state has a long history of tolerating and unofficially regulating them. Street offences are addressed in Ss. 5 and 6 of the ''Prostitution Act'', while brothels are prohibited (including living on the earnings) under S. 190 of the ''Criminal Code'' (2004). Procuring is covered under both acts.{{sfn|Donovan et al|2010}}

Asian workers form a significant section of the workforce and experience a disproportionate amount of social and health problems.{{sfn|Selvey et al|2018}}

=== History ===

==== Early period ====

Legislation addressing prostitution in Western Australia dates from the introduction of English law in 1829, specifically prohibiting bawdy houses (''Interpretation Act'').{{sfn|Donovan et al|2010}} Prostitution in Western Australia has been intimately tied to the history of gold mining.{{sfn|Fitzgerald|2012}} In these areas a quasi-official arrangement existed between premise owners and the authorities. This was frequently justified as a harm reduction measure. Like other Australian colonies, legislation tended to be influenced by developments in Britain. The ''Police Act 1892'' was no different, establishing penalties for soliciting or vagrancy, while the ''Criminal Law Amendment Act 1892'' dealt with procurement. Brothel keepers were prosecuted under the ''Municipal Institutions Act 1895'', by which all municipalities had passed brothel suppression by-laws by 1905.{{sfn|PLRWG|2007}}

==== Twentieth century ====

Laws were further strengthened by the ''Police Act Amendment Act 1902'', and ''Criminal Code 1902''.{{sfn|Frances|1994}} Despite this the brothels of [[Kalgoorlie]] were legendary.{{sfn|McKewon|2005}}{{sfn|WAM|2016}} Prostitution was much debated in the media and parliament, but despite much lobbying, venereal diseases were not included in the ''Health Act 1911''. Prostitution was also dealt with by the ''Criminal Code'' 1913. The war years and the large number of military personnel in [[Perth, Western Australia|Perth]] and [[Fremantle, Western Australia|Fremantle]] concentrated attention on the issue, however during much of Western Australian history, control of prostitution was largely a police affair rather than a parliamentary one, as a process of "containment", in which brothels were tolerated in exchange for a level of cooperation.{{sfn|Weitzer|2009}}{{sfn|Fitzgerald|2012}} Consequently, the names and addresses of prostitutes remain recorded in the official records.{{sfn|SLWA|2015}} This policy originated in Kalgoorlie, and later appeared in Perth. The informal containment policy, dating from 1900,{{sfn|Donovan et al|2010}} was replaced by a more formal one in 1975. Containment was ended by the police in 2000, leaving brothels largely unregulated. Approaches reflected the ideology of the particular ruling party, as an attempt was made to replace "containment" and make control a specific parliamentary responsibility.{{sfn|PLRWG|2007}}{{sfn|Nagy|Powell|2016}}

There was further legislative activity in the 1980s and 1990s with the ''Criminal Law Amendment Act 1988 Pt. 2'', ''Law Reform (Decriminalization Of Sodomy) Act 1989'', ''Acts Amendment (Evidence) Act 1991'', and the ''Criminal Law Amendment Act (No 2) 1992''. The  ''Criminal  Code''  (s.190,  s.191) made managing premises  for  the  purpose  of  prostitution,  living off the earnings of prostitution, or procuring a person for prostitution an offence. Reform was suggested in 1997, with the formation of a working group, and a ''Prostitution  Control  Bill'' was drafted in 1999 but not enacted till the ''Prostitution Act 2000''.{{sfn|Prostitution Act|2000}} The latter dealt principally with street  soliciting,  offences  involving  children  in  relation  to  prostitution,  advertising  and  sponsorship.{{sfn|Scarlet Alliance WA|2016}}{{sfn|PLRWG|2007}}

===== Gallop Government (2001–2006) =====

Under the new [[Australian Labor Party (Western Australian Branch)|Australian Labor Party]] (ALP) Government of [[Geoff Gallop]], [[2001 Western Australian state election|elected in 2001]], several prostitution Bills were introduced. In November 2002, Police Minister [[Michelle Roberts]] introduced the ''Prostitution Control Bill 2002''{{sfn|PCB 2002|2002}} as a [[Green paper|Green Bill]] (for public discussion).{{sfn|Roberts|2002}} Following submissions,{{sfn|HCC|2003}} a Bill (''Prostitution Control Bill 2003'') was introduced in April 2003.{{sfn|Roberts|2002}}<ref>{{cite web|title=Prostitution Amendment Bill 2003|url=http://www.parliament.wa.gov.au/Parliament/Bills.nsf/6277A413C12E7D8248256CFC0013FF88/$File/Bill190.pdf|publisher=Parliament Western Australia|access-date=15 April 2018}}</ref> The latter was a bill to decriminalise  prostitution, regulate brothels, introduce a licensing  system and establish a Prostitution Control Board. The bill was described as a "[[social control]] model" and widely criticised.{{sfn|Crofts|Summerfield|2008}} It lacked sufficient support in the upper house, and eventually lapsed on 23  January 2005 on [[prorogation]] for the [[2005 Western Australian state election|February election]], at which the Government was returned. During this time, offences under the ''Police Act'' 1892 were repealed by passage of the ''Criminal Law Amendment (Simple Offences) Act'' 2004<ref>{{cite web|title=Criminal Law Amendment (Simple Offences) Bill 2004|url=http://www.parliament.wa.gov.au/parliament/bills.nsf/69C82283719FC1A448256F18000D8EA4/$File/EM-Bill341.pdf|website=Parliament Western Australia|access-date=15 April 2018}}</ref> and the ''Criminal Investigation (Consequential Provisions) Act'' 2006, transferring these offences to the ''Criminal Code''.{{sfn|Donovan et al|2010}}

===== Carpenter Government (2006–2008) =====

Much of the debate on the subject under this government centred on the Prostitution Amendment Act 2008,<ref>{{cite Legislation AU|WA|num_act|paa200813o2008331|Prostitution Amendment Act 2008}}.</ref> introduced in 2007 by [[Alan Carpenter]]'s [[Australian Labor Party|ALP]] Government. As a background, a working party was formed in 2006, reporting the following year.{{sfn|PLRWG|2007}} Although the resulting legislation passed the upper house narrowly and received Royal Assent on 14 April 2008, it was not proclaimed before the 2008 [[2008 Western Australian state election|state election]], in which Carpenter and the ALP narrowly lost power in September, and therefore remained inactive, the incoming Coalition Government having vowed to repeal it in its ''Plan for the First 100 Days of Government''.{{sfn|Crofts|Summerfield|2008}} The Act was based partly on the approach taken in 2003 in [[Prostitution in New Zealand|New Zealand]] (and which in turn was based on the approach in NSW). It would have decriminalised brothels and would have required certification (certification would not have applied to independent operators).<ref>{{cite web|title=Prostitution Amendment Act 2008|url=https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_6246.htm/$FILE/Prostitution%20Amendment%20Act%202008%20-%20%5B00-00-03%5D.html?OpenElement|website=Western Australian Legislation|access-date=15 April 2018}}</ref>

Therefore, the 2000 Act continued to be in force. Brothels existed in a legal grey area, although 'containment' had officially been disbanded, in Perth in 1958 and subsequently in Kalgoorlie.{{sfn|Fitzgerald|2012}}

===== Barnett Government (2008–2017) =====

In opposition the [[Australian Labor Party|ALP]] criticised the lack of action on prostitution by the coalition government.<ref>{{cite web|first1=Fran |last1=Rimrod |url=http://www.watoday.com.au/wa-news/brothels-in-wa-suburbs-uncontrolled-opposition-20100314-q5tj.html |title=Brothels in WA suburbs 'uncontrolled': opposition. WA Today 14 March 2010 |publisher=Watoday.com.au |date=14 March 2010}}</ref> The debate had been reopened when the Liberal-National [[Colin Barnett|Barnett]] Government announced plans to regulate brothels in December 2009.<ref>{{cite web|url=http://www.perthnow.com.au/lifestyle/plans-to-legalise-prostitution-fast-tracked/story-e6frg3pl-1225812016927 |title=Plans to legalise prostitution fast-tracked. Perth Now 19 Dec 2009 |publisher=Perthnow.com.au |date=19 December 2009 }}</ref> More information was announced by [[Attorney-General of Western Australia|Attorney-General]] [[Christian Porter]] in June 2010.<ref>{{cite web|url=http://www.theaustralian.com.au/news/nation/legalised-sex-trade-to-clear-suburbs/story-e6frg6nf-1225882022009 |title=Legalised sex trade to clear suburbs. The Australian 21 June 2010 |website=The Australian |date=29 August 2013}}</ref><ref>{{cite web|url=http://www.news.com.au/breaking-news/hundreds-of-brothels-tipped-to-shut-as-western-australia-legalises-prostitution/story-e6frfku0-1225881924706 |title=Hundreds of brothels tipped to shut as Western Australia legalises prostitution. News.com 10 June 2010 |publisher=News.com.au |date=20 June 2010}}</ref> Religious groups continued to oppose any liberalisation, as did elements within the government party<ref>{{cite web|url=http://au.christiantoday.com/article/wa-government-has-not-done-its-homework-on-dangerous-brothel-trade/8495.htm |title=WA Government has not done its homework on dangerous brothel trade. Christian Today 21 June 2010 |publisher=Au.christiantoday.com |date=21 June 2010}}</ref><ref>{{cite web|url=http://www.abc.net.au/news/stories/2010/06/18/2930362.htm |archive-url=https://web.archive.org/web/20101117221324/http://www.abc.net.au/news/stories/2010/06/18/2930362.htm |url-status=dead |archive-date=17 November 2010 |title=Opposition questions delay in prostitution laws ABC 18 June 2010 |publisher=Australian Broadcasting Corporation |date=18 June 2010}}</ref> although Porter denied this.<ref>{{cite web|url=http://www.abc.net.au/news/stories/2010/06/18/2930495.htm |archive-url=https://web.archive.org/web/20101117213008/http://www.abc.net.au/news/stories/2010/06/18/2930495.htm |url-status=dead |archive-date=17 November 2010 |title=No split on prostitution says Attorney General. ABC 18 June 2010 |publisher=Australian Broadcasting Corporation |date=18 June 2010}}</ref>

His critics stated that Porter "would accommodate the market demand for prostitution by setting up a system of licensed brothels in certain non-residential areas" and that people "should accept that prostitution will occur and legalise the trade, because we can never suppress it entirely" and that it is "like alcohol or gambling – saying it should be regulated rather than banned."<ref>{{cite web|url=http://au.christiantoday.com/article/wa-attorney-general-fails-to-persuade-on-brothel-law/8411.htm |title=WA Attorney-General fails to persuade on brothel law. Christian Today 10 June 2010 |publisher=Au.christiantoday.com |date=10 June 2010}}</ref>

Porter challenged his critics to come up with a better model and rejected the Swedish example of only criminalising clients.<ref>{{cite web |url=http://www.therecord.com.au/site/index.php?option=com_content&task=view&id=1796&Itemid=27 |title=Attorney General challenges anti-prostitution lobby. The Record 17 June 2010 |publisher=Therecord.com.au |date=23 October 2013 |access-date=22 June 2010 |archive-date=6 July 2011 |archive-url=https://web.archive.org/web/20110706112806/http://www.therecord.com.au/site/index.php?option=com_content&task=view&id=1796&Itemid=27 |url-status=dead }}</ref> These represent a change in thinking since an interview he gave in March 2009. However he followed through on a promise he made in early 2009 to clear the suburbs of sex work.<ref>{{cite web|url=http://au.news.yahoo.com/thewest/a/-/wa/5802104/unlawful-brothels-flourish-in-suburbs/ |title=West Australian 23 May 2009 |publisher=Yahoo! News |date=23 May 2009}}</ref>

Porter released a ministerial statement<ref>{{cite web |url=http://www.mediastatements.wa.gov.au/Pages/Results.aspx?ItemID=134502 |title=Ministerial Statement 25 November 2010 |publisher=Mediastatements.wa.gov.au |access-date=25 February 2011 |archive-date=17 February 2011 |archive-url=https://web.archive.org/web/20110217070130/http://www.mediastatements.wa.gov.au/Pages/Results.aspx?ItemID=134502 |url-status=dead }}</ref> and made a speech in the legislature on 25 November 2010,<ref>{{cite web|url=http://www.parliament.wa.gov.au/Hansard/hansard.nsf/search |title=Hansard Prostitution 2010 (25 November) |publisher=Parliament.wa.gov.au |date=14 March 1996}}</ref><ref>{{cite web|url=http://www.watoday.com.au/breaking-news-national/wa-looks-at-tougher-antibrothel-laws-20101125-188sh.html |title=WA looks at tougher anti-brothel laws. WA Today 25 November 2010 |publisher=Watoday.com.au |date=25 November 2010}}</ref> inviting public submissions. The plan was immediately rejected by religious groups.<ref>[http://www.familydirectory.com.au/news_manager/templates/?a=2407 Christian Lobby says WA prostitution laws do not go far enough. Family Directory 23 December 2010] {{webarchive |url=https://web.archive.org/web/20110706103830/http://www.familydirectory.com.au/news_manager/templates/?a=2407 |date=6 July 2011 }}</ref><ref>{{cite web|url=http://www.makeastand.org.au/campaign/index.php?campaign_id=38 |title=Women are worth more. Australian Christian Lobby |publisher=Makeastand.org.au }}</ref>

By the time the consultation closed on 11 February 2011, 164 submissions were received, many repeating many of the arguments of the preceding years. One major submission was a comprehensive review of prostitution in Western Australia by a team from the University of NSW.{{sfn|Donovan et al|2010}} This time Porter found himself criticised by both sides of the 2007 debate, for instance churches that supported the Coalition position in opposition, now criticised them,<ref>{{cite web|url=http://au.news.yahoo.com/thewest/a/-/breaking/8821664/churches-oppose-legal-brothels/ |title=Churches oppose legal brothels. West Australian 12 February 2011 |publisher=Yahoo! News |date=12 February 2011}}</ref> while sex worker groups that supported the Carpenter proposals continued to oppose coalition policies,<ref>{{cite web|url=http://au.news.yahoo.com/thewest/a/-/wa/8827097/prostitutes-blast-brothel-law-plans/ |title=Prostitutes blast brothel law plans. West Australian 14 February 2011 |publisher=Yahoo! News |date=14 February 2011}}</ref><ref>{{cite web|url=http://www.scarletalliance.org.au/library/subwa_2011 |title=Submission of Scarlet Alliance 27 January 2011 |date=10 February 2011 }}</ref> as did health groups.<ref>{{cite web |url=http://www.afao.org.au/library/hiv-australia/volume-8/number-4/wa-sex-industry |title=Whose safety? Regulation of the sex industry in Western Australia. Australian Federation of AIDS Organisations January 2011 |publisher=Afao.org.au |url-status=dead |archive-url=https://web.archive.org/web/20120320050426/http://www.afao.org.au/library/hiv-australia/volume-8/number-4/wa-sex-industry |archive-date=20 March 2012  }}</ref>

====== Prostitution Bill 2011 ======

On 14 June 2011 the Minister made a "Green Bill"<ref>{{cite web |url=http://www.department.dotag.wa.gov.au/_files/Prostitution_Bill_2011.pdf |title=Microsoft Word - Prostitution Bill 2011 - Green Bill _218-1_.doc |url-status=dead |archive-url=https://web.archive.org/web/20111111232130/http://www.department.dotag.wa.gov.au/_files/Prostitution_Bill_2011.pdf |archive-date=11 November 2011  }}</ref> (draft legislation) available for public comment over a six-week period.<ref>{{cite web |url=http://www.mediastatements.wa.gov.au/Pages/Results.aspx?ItemID=141141 |title=Ministerial Statement 14 June 2011 |publisher=Mediastatements.wa.gov.au |access-date=26 October 2011 |archive-date=11 March 2012 |archive-url=https://web.archive.org/web/20120311124750/http://www.mediastatements.wa.gov.au/Pages/Results.aspx?ItemID=141141 |url-status=dead }}</ref><ref>{{cite web|first1=Lucy |last1=Rickard |url=http://www.watoday.com.au/wa-news/no-sex-in-the-suburbs-under-new-prostitution-laws-20110614-1g1m3.html |title=No sex in the suburbs under new prostitution laws. WA Today 14 June 2011 |publisher=Watoday.com.au |date=14 June 2011}}</ref> Porter explained the purpose of the legislation thus: "The Prostitution Bill 2011 will not only ban brothels from residential areas but also ensure appropriate regulatory and licensing schemes are in place for those very limited non-residential areas where prostitution will be permitted and heavily regulated." A [[FAQ]] sheet was also developed.<ref>[http://www.department.dotag.wa.gov.au/P/prostitution_bill_2011_frequently_asked_questions_faq.aspx?uid=2138-4239-6888-5851 Prostitution Bill 2011 FAQs] {{webarchive |url=https://web.archive.org/web/20110822184907/http://www.department.dotag.wa.gov.au/P/prostitution_bill_2011_frequently_asked_questions_faq.aspx?uid=2138-4239-6888-5851 |date=22 August 2011 }}</ref> Publication of the Bill did not shift the debate—which remained deeply polarised, with any legalisation bitterly opposed by conservative religious groups—despite Porter's assurances that his government did not condone sex work.<ref>{{cite web|url=http://www.justicemandate.org/prostitution/ |title=Opposing liberalisation of prostitution. Justice Mandate |publisher=Justicemandate.org |date=19 February 2011}}</ref><ref>{{cite web|url=http://lifeministries.org.au/ |title=Please help stop the legalisation of prostitution in Western Australia. Life ministries |publisher=Lifeministries.org.au }}</ref><ref>{{cite web|url=http://www.makeastand.org.au/campaign/index.php?campaign_id=38 |title=Women are worth more |publisher=Makeastand.org.au }}</ref> Sex Workers and health organisations remained just as committed to opposing the proposals.<ref>{{cite web |url=http://nothing-about-us-without-us.com/wp-content/uploads/2011/08/WA-Prostitution-Bill-2011_Submission-in-response-to-the-WA-Prostituion-Bill-2011_Final.pdf |title=Nothing About Us Without US. July 2011 |url-status=dead |archive-url=https://web.archive.org/web/20160120213313/http://nothing-about-us-without-us.com/wp-content/uploads/2011/08/WA-Prostitution-Bill-2011_Submission-in-response-to-the-WA-Prostituion-Bill-2011_Final.pdf |archive-date=20 January 2016  }}</ref><ref>{{cite web|url=http://www.scarletalliance.org.au/library/wa_2011/ |title=Scarlet Alliance response |date=10 October 2011 }}</ref>

Following consultation, the government announced a series of changes to the bill that represented compromises with its critics,<ref>{{cite web |url=http://www.department.dotag.wa.gov.au/_files/Prostitution_Bill_2011_Significant_changes.pdf |title=Significant Changes to the Prostitution Bill Nov 2011 |url-status=dead |archive-url=https://web.archive.org/web/20111111232133/http://www.department.dotag.wa.gov.au/_files/Prostitution_Bill_2011_Significant_changes.pdf |archive-date=11 November 2011  }}</ref>
and the changes were then introduced into parliament on 3 November 2011,<ref>{{cite web|url=http://www.perthnow.com.au/news/western-australia/prostitution-bill-passed-in-parliament-expected-to-regulate-the-industry/story-e6frg13u-1226184683046 |title=Prostitution Bill passed in Parliament expected to regulate the industry. Perth Now 3 Nov 2011 |publisher=Perthnow.com.au |date=3 November 2011 }}</ref> where it received a first and second reading.<ref>{{cite web|first1=Rania  |last1=Spooner  |first2=Courtney  |last2=Trenwith  |name-list-style=amp |url=http://www.smh.com.au/wa-news/prostitution-crackdown-will-push-all-sex-workers-out-of-suburbs-20111103-1mwyc.html |title=Prostitution crackdown will push all sex workers out of suburbs. Sydney Morning Herald 3 Nov 2011 |website=The Sydney Morning Herald |date=3 November 2011}}</ref>

Sex workers continued to stand in opposition.<ref>{{cite web|url=http://www.news.com.au/breaking-news/sex-workers-fear-wa-prostitution-bill/story-e6frfku0-1226185059925 |title=Sex workers fear WA prostitution bill. News.com 3 2011 |publisher=News.com.au |date=3 November 2011}}</ref><ref>{{cite web|first1=Louise |last1=Merrillees |url=http://www.abc.net.au/news/2011-11-04/will-new-prostitution-laws-drive-it-underground3f/3636524?section=wa |title=Will new laws force prostitution underground? ABC 4 Nov 2011 |publisher=Australian Broadcasting Corporation |date=4 November 2011 }}</ref> Significantly, the opposition Labor Party opposed the bill,<ref>{{cite web|last1=Parker|first1=Gareth|title=Prostitution to be banned in suburban Perth|url=https://thewest.com.au/news/crime/prostitution-to-be-banned-in-suburban-perth-ng-ya-142430|website=The West Australian|access-date=15 April 2018|date=3 November 2011}}</ref> both political parties agreeing on the need to decriminalise the indoor market, but differing in approach. Since the government was in a minority, it required the support of several independent members to ensure passage through the Legislative Assembly.<ref>{{cite web|first1=Gareth |last1=Parker |url=http://au.news.yahoo.com/thewest/a/-/newshome/11308426/prostitution-to-be-banned-in-suburban-perth/ |title=Prostitution to be banned in suburban Perth. Western Australian |publisher=Yahoo! News |date=3 November 2011}}</ref> In practice, it proved difficult to muster sufficient public support, and the Bill did not attract sufficient support in parliament either. Porter left State politics in June 2012, being succeeded by [[Michael Mischin]]. Mischin admitted it would be unlikely that the bill would pass in that session.<ref>{{cite web|url=http://www.abc.net.au/news/2012-07-19/mischin27s-vision/4141902 |title=Mischin's vision for life as Attorney-General |publisher=Australian Broadcasting Corporation |date=19 July 2012}}</ref> This proved to be true, as the legislature was prorogued on 30 January 2013, pending the [[2013 Western Australian state election|general election on 9 March]], and thus all bills lapsed.<ref>{{cite web|last1=Orr|first1=Aleisha|title=Sex workers target WA Parliament|url=https://www.smh.com.au/national/western-australia/sex-workers-target-wa-parliament-20130517-2jr4a.html|website=The Sydney Morning Herald|access-date=15 April 2018|language=en|date=17 May 2013}}</ref>

The Barnett government was returned in that election with a clear majority, but stated it would not reintroduce the previous bill and that the subject was a low priority. Meanwhile, sex workers continued to push for decriminalisation.<ref>{{cite news|url=http://www.abc.net.au/news/2013-05-19/new-push-for-sex-work-decriminilisation/4698798 |title=New push for sex work decriminalisation|date=19 May 2013 |publisher=Australian Broadcasting Corporation |access-date=22 December 2015}}</ref> A division exists within the government party, with some members such as [[Nick Goiran]] threatening 'civil war'.<ref>{{cite web|url=http://au.news.yahoo.com/thewest/a/-/breaking/16614046/liberal-rebellion-over-prostitution-laws/ |title=Liberal rebellion over prostitution laws. The West 8 April 2013 |publisher=Yahoo! News |date=8 April 2013}}</ref>

===== McGowan Government (2017–) =====

In the [[2017 Western Australian state election|election campaign of 2017]], prostitution law reform was among the topics debated, and the Barnett government defeated with a return to power of the ALP. Public discussion of reform has continued since, with lobbying on both sides of the question,{{sfn|NordicWA|2019}} while a further review of the industry, following up on the 2010 (LASH) report,{{sfn|Donovan et al|2010}} continued to recommend decriminalisation (The Law and Sex worker Health, LASH reports).{{sfn|Selvey|2017}}{{sfn|Rasdien|2017}}{{sfn|Flint|2017}}

==Other minor territories of Australia==
===Christmas Island===
[[Christmas Island]] is a former [[United Kingdom|British]] colony, which was administered as part of the [[Colony of Singapore]].  The laws of [[Singapore]], including prostitution law, were based on British law. In 1958, the sovereignty of the island was transferred to Australia. The ‘laws of the Colony of Singapore’ continued to be the law of the territory.<ref name="indianocean">{{cite web|title=Legislative and governance structures in Australia's Indian Ocean Territories|url=https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=/ncet/economicenvironment/report/chapter%202.pdf|publisher=Australian Government|access-date=3 February 2018|date=2010}}</ref> The ''Territories Law Reform Act 1992'' decreed that Australian federal law and the state laws of Western Australia be applicable to the [[Australian Indian Ocean Territories|Indian Ocean Territories]], of which Christmas Island is a part.<ref name="indianocean" />

For the current situation see [[#Western Australia|Western Australia]].

===Cocos (Keeling) Islands===
[[Cocos (Keeling) Islands]] were, like Christmas Island, a British colony and part of the Colony of Singapore. After transfer of sovereignty to Australia in 1955, Singapore's colonial law was still in force on the islands until 1992.<ref name="indianocean" />  The ''Territories Law Reform Act 1992'' made Australian federal law and the state laws of Western Australia applicable to the islands.<ref name="indianocean" />

For the current situation see [[#Western Australia|Western Australia]].

===Norfolk Island===
Previously a self-governing Australian territory, the ''Norfolk Island Applied Laws Ordinance 2016'' applied Australian federal law and the state laws of New South Wales to [[Norfolk Island]].<ref name="norfolkisland">{{cite web|title=Norfolk Island Applied Laws Ordinance 2016|url=https://www.legislation.gov.au/Details/F2017C00069|website=Australian Government Federal Register of Legislation|date=20 January 2017 |access-date=3 February 2018|language=en}}</ref>

For the current situation see [[#New South Wales|New South Wales]].

== See also ==
* [[History of Australia]]
* [[Daily Planet (brothel)|Daily Planet brothel]]
* [[Scarlet Alliance]]
* [[Convict women in Australia]]
* ''[[R v McLean & Trinh]]'', trial for the murder of two prostitutes in the Northern Territory

==References==
{{Reflist}}

== Bibliography ==
{{refbegin|30em}}
=== Books and monographs ===

* {{cite book|editor-last1=Hayes|editor-first1=Hennessey|editor-last2=Prenzler|editor-first2=Tim|title=An Introduction to Crime and Criminology|url=https://books.google.com/books?id=Vq6aBQAAQBAJ|date=2014|edition=4th|publisher=Pearson Australia|last1=Carpenter|first1=Belinda|last2=Hayes|first2=Sharon|chapter=Crimes Against Morality|pages=153–166|location=Melbourne|isbn=978-1-4860-0498-0}}
* {{cite book|last1=Featherstone|first1=Lisa|title=Let's Talk About Sex: Histories of Sexuality in Australia from Federation to the Pill|url=https://books.google.com/books?id=VfsqBwAAQBAJ|date=2011|publisher=Cambridge Scholars Publishing|isbn=978-1-4438-2813-0|ref=none}}
* {{cite book|last1=Frances|first1=Raelene|title=Selling Sex: A Hidden History of Prostitution|url=https://books.google.com/books?id=tihJOOGSLSwC|year=2007|publisher=[[UNSW Press]]|isbn=978-0-86840-901-6|ref=none}}
* {{cite book|last1=Frances|first1=Raelene|title=Selling Sex in the City: A Global History of Prostitution, 1600s-2000s|url=https://books.google.com/books?id=BSQzDwAAQBAJ|date=2017|publisher=Brill|location=Leiden|isbn=9789004346253|ref={{harvid|Frances|2017}}}}
* {{cite book|last1=Levine|first1=Philippa|title=Prostitution, Race, and Politics: Policing Venereal Disease in the British Empire|url=https://books.google.com/books?id=It1lPzFCG9EC|year=2003|publisher=[[Psychology Press]]|location=New York|isbn=978-0-415-94447-2|ref=none}}
* {{cite book|last1=Perkins|first1=Roberta|author-link=Roberta Perkins|title=Working girls: prostitutes, their life and social control|year=1991|series=Australian studies in law, crime and justice|publisher=[[Australian Institute of Criminology]]|location=Canberra|url=https://www.aic.gov.au/publications/lcj/working|isbn=0-642-15877-0 }}
* {{cite book|editor-last=Perkins|editor-first=Roberta|editor-link=Roberta Perkins|title=Sex Work & Sex Workers in Australia|url=https://books.google.com/books?id=ZruudDEWIy0C|year=1994|publisher=[[UNSW Press]]|location=Sydney|isbn=978-0-86840-174-4}}
* {{cite book|editor-last=Kirkby|editor-first=Diane Elizabeth|last1=Saunders|first1=K|title=Sex Power and Justice: Historical Perspectives of Law in Australia|url=https://books.google.com/books?id=yPU-AQAAIAAJ|year=1995|publisher=[[Oxford University Press]]|isbn=978-0-19-553734-5|chapter=Controlling Heterosexuality: the Implementation and Operation of Contagious Diseases Legislation in Australia, 1868–1945|pages=2–18}}
* {{cite book|last1=Sullivan|first1=Barbara|title=The Politics of Sex: Prostitution and Pornography in Australia Since 1945|date=1997|publisher=[[Cambridge University Press]]|isbn=978-0-521-55630-9|url=https://books.google.com/books?id=1Q3k-Q7BuH0C|ref={{harvid|Sullivan|1997}}}}

==== Australian Institute of Criminology ====

* {{cite book |editor-last1=Gerull |editor-first1=Sally-Anne |editor-last2=Halstead |editor-first2=Boronia |title=Sex industry and public policy |series=AIC Conference Proceedings |date=1992 |url=https://www.aic.gov.au/publications/proceedings/14 |publisher=[[Australian Institute of Criminology]] |issn=1034-5086 }}
* {{cite book |last1=Pinto |first1=Susan |last2=Scandia |first2=Anita |last3=Wilson |first3=Paul |title=Prostitution laws in Australia |series=Trends & Issues in Crime and Criminal Justice 22 |date=1990 |url=https://www.aic.gov.au/publications/tandi/tandi22 |publisher=[[Australian Institute of Criminology]] |issn=0817-8542 |ref={{harvid|Pinto et al|1990}} }}
* {{Cite book |last1=Renshaw |first1=Lauren |display-authors=etal |title=Migrant sex workers in Australia |series=AIC Reports. Research and Public Policy Series |volume=131 |url=https://aic.gov.au/file/5773/download?token=sWDjs0PK |year=2015 |isbn=9781922009906 |publisher=[[Australian Institute of Criminology]] |issn=1836-2079 |ref=npne }}

=== Articles ===

* {{Cite journal | last1 = Baratosy | first1 = Roxana | last2 = Wendt | first2 = Sarah | title = "Outdated Laws, Outspoken Whores": Exploring sex work in a criminalised setting | journal = [[Women's Studies International Forum]] | volume = 62 | pages = 34–42 | doi = 10.1016/j.wsif.2017.03.002 | date = May–June 2017 |ref=none}}
* {{cite journal |last1=Crofts |first1=Thomas |last2=Summerfield |first2=Tracey |title=The licensing of sex work in Australia and New Zealand |journal=Murdoch Law Journal |date=2006 |volume=13 |issue=2 |pages=269–287 |url=http://classic.austlii.edu.au/au/journals/MurdochUeJlLaw/2006/28.pdf |ref=none }}
* {{cite journal |last1=Frances|first1=Raelene|title=Sex Workers or Citizens? Prostitution and the Shaping of "Settler" Society in Australia |journal=[[International Review of Social History]] |date=1999 |volume=44 Supplement |issue=S7 |pages=101–122 |doi=10.1017/S0020859000115214|ref=none|doi-access=free }}
* {{cite journal |last1=Frances |first1=Raelene |title='White Slaves' and White Australia: prostitution and Australian Society |journal=[[Australian Feminist Studies]] |date=July 2004 |volume=19 |issue=44 |pages=185–200 |doi=10.1080/0816464042000226483|s2cid=143568288 |ref=none}}
* {{cite journal |last1=Nagy |first1=Victoria |last2=Powell |first2=Anastasia |title=Legalising Sex Work: The Regulation of 'Risk' in Australian Prostitution Law Reform |journal=[[Current Issues in Criminal Justice]] |date=2016 |volume=28 |issue=1 |pages=1–16 |doi=10.1080/10345329.2016.12036053 |s2cid=149360314 |url=http://sydney.edu.au/law/criminology/journal/28_01.shtml |url-access=subscription }}
* {{cite journal |last1=Scott |first1=John |last2=MacPhail |first2=Catherine |last3=Minichiello |first3=Victor |title=Bang and bust: Almost Everything you Wanted to Know About Sex and the Mining Boom (but were afraid to ask) |journal=Preview |date=October 2012 |volume= 2012|issue=160 |pages=26–31 |doi=10.1071/PVv2012n160p26|ref={{harvid|Scott et al|2012}}|doi-access=free |bibcode=2012Prev..160...26S }}
* {{cite journal |last1=Goodyear |first1=M.|last2=Cusick |first2=L.|title=Rapid Responses to Goodyear and Cusick: Protection of sex workers 11 January 2007|journal=[[BMJ]] |date= 2007 |volume=334 |issue=7584 |pages=52–53 |doi=10.1136/bmj.39087.642801.BE |pmid=17218668 |pmc=1767242 |issn=0959-8138|ref={{harvid|Goodyear et al|2007}} }}
* {{cite news |title=Prostitutes use university in visa racket |url=https://www.smh.com.au/national/prostitutes-use-university-in-visa-racket-20050221-gdkryk.html |work=[[The Sydney Morning Herald]] |date=21 February 2005 |ref=none }}
* [http://ojs.unbc.ca/index.php/cpsr/article/download/48/168 Leslie Ann Jeffrey and Barbara Sullivan. Canadian Sex Work Policy for the 21st Century: Enhancing Rights and Safety, Lessons from Australia. Canadian Political Science Review 3(1) March 2009 (57‐76)]
* [http://www.newstatesman.com/voices/2013/05/grace-bellavue-social-media-has-given-sex-workers-real-opportunity-be-heard Laura Parker "Social media has given sex workers a real opportunity to be heard" ''New Statesman'', 27 May 2013]
* [https://web.archive.org/web/20160120213313/http://www.prweb.com/releases/2013/5/prweb10725849.htm Brothel Keeping and Prostitution Services in Australia Industry Market Research Report Now Updated by IBISWorld. PRWeb May 14 2013]
* Daniels K (ed.) So Much Hard Work: Women and prostitution in Australian history. Fontana Collins, Sydney 1984
* [http://ebooks.cambridge.org/chapter.jsf?bid=CBO9780511489044&cid=CBO9780511489044A010 The women's movement and prostitution politics in Australia, in Outshoorn J (ed.) The Politics of Prostitution: Women's Movements, Democratic States and the Globalisation of Sex Commerce. Cambridge UP 2004]
* [https://web.archive.org/web/20090107040220/http://www.annesummers.com.au/dwagp.htm Summers A. Damned Whores and God's Police: The Colonization of Women in Australia, 3rd ed. Penguin, Melbourne 2002]
* [https://books.google.com/books?id=q2LLtjLaM1QC&pg=PA353 John McLaren, "Whores, Soiled Doves or Working Women? Law, Society and the Sex Trade in Australia, Canada and Thailand" in Douglas M. Johnston and Gerry Ferguson, Asia-Pacific Legal Development (Vancouver, UBC Press, 1998), 353–402 ]

=== Websites ===

* {{cite web |last1=Maginn |first1=Paul J. |title=Evidence not morality should guide sex work policy |url=https://theconversation.com/evidence-not-morality-should-guide-sex-work-policy-11833 |website=[[The Conversation (website)|The Conversation]] |access-date=21 December 2019 |date=18 February 2013 }}
* {{cite web |title=Sex workers: Population size estimate |url=http://data.un.org/Data.aspx?d=UNAIDS&f=inID%3A111 |website=UNData |publisher=[[UNAIDS]] |date=2019 |access-date=7 December 2019 |ref={{harvid|UNData|2019}} }}
* {{cite web |title=State by State Laws in Australia |url=http://www.scarletalliance.org.au/laws/ |website=Laws |publisher=[[Scarlet Alliance]] |access-date=17 December 2019 |date=30 September 2019 |ref=none }}
* {{cite web|title=Scarlet Alliance, Australian Sex Workers Association is the national peak sex worker organisation in Australia.|url=http://www.scarletalliance.org.au/|date=4 February 2016|access-date=19 December 2019|publisher=[[Scarlet Alliance]]|ref={{harvid|Scarlet Alliance|2016}}}}
* {{cite web |title=LASH: The Law and Sex Worker Health Project |url=https://kirby.unsw.edu.au/project/lash |website=Projects: Sexual health |publisher=[[Kirby Institute]]: UNSW |access-date=21 December 2019 |date=2019 |ref=none }}
* {{cite Legislation AU|Cth|num_act|ccaassa1999496|Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999|ref={{harvid|Slavery & Sexual Servitude Act|1999}} }}
* {{cite web |title=Inquiry into the trafficking of women for sexual servitude |url=https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Former_Committees/acc/completed_inquiries/2002-04/sexual_servitude/index |website=Committees |publisher=Parliamentary Joint Committee on the Australian Crime Commission |access-date=23 December 2019 |date=2006 |ref={{harvid|Joint Committee|2006}} }}
* {{cite web |title=Protocol to Prevent, Suppress and Punish Trafficking in Persons |url=https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx |publisher=[[United Nations Human Rights]] |access-date=23 December 2019 |date=2000 |ref={{harvid|OHCHR|2000}} }}

=== Chapters ===

* {{cite book |last1=Frances |first1=Raelene |title=The history of female prostitution in Australia |date=1994 |pages=27–52 |url=http://www.hartford-hwp.com/archives/24/230.html }}, in {{harvtxt|Perkins|1994}}
* [[Marcia Neave]], ''Prostitution laws in Australia: Past history and current trends'' pp.&nbsp;67–99, in {{harvtxt|Perkins|1994}}

=== States and territories ===

==== Australian Capital Territory ====

* {{cite book |last1=Collaery |first1=Bernard |title=The sex industry in the Australian Capital Territory: a law reformer's perspective |date=1992 |pages=1–2 |url=https://aic.gov.au/sites/default/files/publications/proceedings/downloads/14-collaery.pdf }}, in {{harvtxt|Gerull|Halstead|1992}}
* {{cite web |title=Sex Industry Laws in Australian Capital Territory |url=http://www.scarletalliance.org.au/laws/act/ |website=State by State Laws in Australia |publisher=[[Scarlet Alliance]] |access-date=17 December 2019 |date=7 November 2018 |ref=none }}
* {{cite web |title=Sex Work Act 1992 |url=https://www.legislation.act.gov.au/a/1992-64/default.asp |website=ACT Legislation Register |publisher=[[ACT Government]] |access-date=23 December 2019 |ref={{harvid|ACT SWA|1992}} }}
* {{cite web |title=Sex Industry |url=http://www.ors.act.gov.au/industry/sex_industry |publisher=Office of Regulatory Services, ACT |access-date=28 December 2019 |archive-url=https://web.archive.org/web/20110602043442/http://www.ors.act.gov.au/industry/sex_industry |archive-date=2 June 2011 |date=27 May 2011 |ref={{harvid|ORS|2011}} }}

==== New South Wales ====

* {{cite journal |last1=Estcourt |first1=C. S |display-authors=etal|title=HIV, sexually transmitted infections, and risk behaviours in male commercial sex workers in Sydney |journal=[[Sexually Transmitted Infections (journal)|Sexually Transmitted Infections]] |date=1 August 2000 |volume=76 |issue=4 |pages=294–298 |doi=10.1136/sti.76.4.294|pmid=11026887 |pmc=1744173 |ref=none}}
* {{cite journal |last1=Roxburgh |first1=Amanda |last2=Degenhardt |first2=Louisa |last3=Copeland |first3=Jan |title=Posttraumatic stress disorder among female street-based sex workers in the greater Sydney area, Australia |journal=[[BMC Psychiatry]] |date=24 May 2006 |volume=6 |issue=1 |pages=24 |doi=10.1186/1471-244X-6-24 |pmid=16719928|pmc=1481550|ref=none |doi-access=free }}

==== Northern Territory ====

* {{cite web |title=Reforming the Regulation of the Sex Industry in the Northern Territory |url=https://haveyoursay.nt.gov.au/regulationsexindustry |website=Have Your Say Northern Territory |publisher=[[Northern Territory Government]] |date=30 March 2019 |ref={{harvid|NTGov|2019}} }}
* {{cite web |title=Sex Industry Bill 2019 |url=https://legislation.nt.gov.au/en/LegislationPortal/Bills/~/link.aspx?_id=E3FD2410C5A741518AFA62C4754F927B&amp;_z=z |website=Legislation Database |publisher=[[Northern Territory Government]] |access-date=29 November 2019 |date=26 November 2019 |ref={{harvid|Sex Industry Bill| 2019}} }}
* {{cite web |title=Sex Industry Bill 2019 |url=https://parliament.nt.gov.au/committees/EPSC/105-2019 |website=Committees |publisher=[[Legislative Assembly of the Northern Territory]] |date=29 November 2019 |ref={{harvid|LANT|2019}} }}
* {{cite news |last1=Roberts |first1=Lauren |last2=Breen |first2=Jacqueline |title=NT Parliament votes to decriminalise sex work |url=https://www.abc.net.au/news/2019-11-26/northern-territory-sex-industry-bill-passed/11739820 |work=[[ABC News (Australia)|ABC News]] |access-date=27 November 2019 |date=26 November 2019 }}
* {{cite web |title=UNAIDS welcomes the decision by the Northern Territory of Australia to decriminalize sex work |url=https://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2019/december/decision-northern-territory-australia-decriminalize-sex-work |website=Press Statements |publisher=[[UNAIDS]] |access-date=4 December 2019 |date=2 November 2019 |ref={{harvid|UNAIDS|2019}} }}

==== Queensland ====

* {{cite book |last1=Woodward |first1=C |display-authors=etal |title=Selling sex in Queensland 2003. |date=2003 |publisher=Prostitution Licensing Authority |location=Brisbane |isbn=978-0-646-43566-4 |url=https://espace.library.uq.edu.au/view/UQ:154239 |ref=none }}
* {{cite web |title=Prostitution Licensing Authority |url=http://www.pla.qld.gov.au/ |publisher=[[Queensland Government]] |access-date=23 December 2019 |date=2019 |ref={{harvid|PLA|2019}} }}

==== South Australia ====

* {{cite web |title=South Australian Legislative Tracking |url=https://www.parliament.sa.gov.au/en/Legislation/SALT |website=Legislation |publisher=[[Parliament of South Australia]] |access-date=6 December 2019 |ref={{harvid|SALT|2019}} }}
* {{cite web |last1=May |first1=Tony |title=South Australian Women: Prostitution |url=https://guides.slsa.sa.gov.au/SAwomen/prostitution |website=Library Guides |publisher=[[State Library of South Australia]] |access-date=6 December 2019 |date=6 November 2019 |ref=none }}
* {{cite news |last1=Dayman |first1=Isabel |title=Sex work legalisation debate continues in SA |url=https://www.abc.net.au/news/2015-09-09/debate-over-sex-work-legalisation-in-sa-continues/6755828 |work=[[ABC News (Australia)|ABC News]] |date=9 September 2015 }}
* {{cite news |last1=Boisvert |first1=Eugene |title=SA Attorney-General declares support for sex work bill |url=https://www.abc.net.au/news/2018-06-01/sa-attorney-general-supports-sex-work-bill/9824782 |work=[[ABC News (Australia)|ABC News]] |date=1 June 2018 }}
* {{cite web |last1=Briggs |first1=Casey |title=New figures show extent of prostitution in SA ahead of crucial vote on decriminalisation |url=https://www.abc.net.au/news/2019-11-13/sex-work-crime-data-revealed-ahead-of-sa-legalisation-vote/11697942 |work=[[ABC News (Australia)|ABC News]] |date=13 November 2019 }}
* {{cite news |last1=Briggs |first1=Casey |title='The most archaic laws in the country': Campaign to decriminalise sex work in SA fails |url=https://www.abc.net.au/news/2019-11-13/sa-sex-work-decriminalisation-bill-voted-down/11699904 |work=[[ABC News (Australia)|ABC News]] |date=13 November 2019 |ref={{harvid|Briggs|2019a}} }}
* {{cite news |last1=Diamond |first1=Roxana |title=No more fear of police: South Australia is close to fully decriminalising sex work |url=https://theconversation.com/no-more-fear-of-police-south-australia-is-close-to-fully-decriminalising-sex-work-119018 |work=[[The Conversation (website)|The Conversation]] |date=20 June 2019 }}

==== Tasmania ====

* {{cite thesis |last1=Alexander |first1=Alison |title=The public role of women in Tasmania, 1803 - 1914 |date=1989 |publisher=Department of History, [[University of Tasmania]] |url=https://eprints.utas.edu.au/9997/ |type=[[PhD thesis]] }}
* {{cite thesis |last1=Leppard |first1=Christine Jessie |title='The Unfortunates'. Prostitutes transported to Van Diemen's Land 1822–1843 |date=October 2013 |publisher=University of Tasmania |url=https://eprints.utas.edu.au/17536/1/Whole-Leppard-Quinn-_thesis.pdf |type=PhD Thesis }}
* {{cite journal |last1=Leppard-Quinn |first1=Christine |title=Labelling the transported prostitute: An exercise in textual archaeology |journal=Tasmanian Historical Studies |date=2013 |volume=18 |pages=35–59 |url=https://search.informit.com.au/documentSummary;dn=876572055419975;res=IELHSS |ref=none }}
* {{cite book |title=Regulation of Sex Industry in Tasmania – Discussion Paper |date=2012 |publisher=Department of Justice, Tasmania |url=https://www.justice.tas.gov.au/__data/assets/pdf_file/0008/188738/Regulation_of_the_Sex_Industry_Discussion_Paper.pdf |ref={{harvid|Tasmania Justice|2012}} }}
* {{cite web |title=Regulation of Sex Industry in Tasmania-Discussion Paper |url=https://www.justice.tas.gov.au/community-consultation/inactive/regulation_of_sex_industry_in_tasmania-discussion_paper |website=Community Consultations |publisher=Department of Justice, Tasmania |access-date=29 November 2019 |date=2012a |ref={{harvid|Tasmania Justice|2012a}} }}
* {{cite web |title=A Look at the Social and Legal Responses to Prostitution in 19th Century Tasmania |url=https://vandiemenslament.wordpress.com/2015/08/16/a-look-at-the-social-and-legal-responses-to-prostitution-in-19th-century-tasmania/ |website=Vandiemenslament |access-date=29 November 2019 |date=16 August 2015 |ref={{harvid|VDL|2015}} }}

==== Victoria ====

* {{cite web |last1=Macreadie |first1=Rachel |title=The Prostitution Control And Other Matters Amendment Bill 2008. D-Brief No. 7 |url=https://www.researchgate.net/publication/238721191 |publisher=Research Service, Parliamentary Library, Department of Parliamentary Services, Victoria |access-date=20 December 2019 |date=2008 |ref=none }}

==== Western Australia ====
;Books 
* {{cite book|last1=McKewon|first1=Elaine|title=The Scarlet Mile: A Social History of Prostitution in Kalgoorlie, 1894-2004|url=https://books.google.com/books?id=GBLaAAAAMAAJ|year=2005|publisher=[[University of Western Australia Press]]|isbn=978-1-920694-22-7}}
;Reports
* {{cite web |last1=Donovan |first1=Basil |last2=Harcourt |first2=Christine |last3=Egger |first3=Sandra |display-authors=etal |title=The Sex Industry in Western Australia. LASH: A Report to the Western Australian Government |url=https://kirby.unsw.edu.au/sites/default/files/kirby/report/SHP_WA-Sex-Industry-Report-2010.pdf |publisher=National Centre in HIV Epidemiology and Clinical Research, [[UNSW]] |access-date=19 December 2019 |date=2010 |ref={{harvid|Donovan et al|2010}} }}
* {{cite web |last1=Selvey |first1=Linda |display-authors=etal |title=Law and Sex worker Health (LASH) Study: A summary report to the Western Australian Department of Health |url=https://espace.curtin.edu.au/handle/20.500.11937/88796 |publisher=School of Public Health, [[Curtin University]] |access-date=11 September 2023 |date=2017 }}

;Articles
* {{cite journal |last1=Crofts |first1=Thomas |last2=Summerfield |first2=Tracey |title=Red Light on Sex Work in Western Australia |journal=[[Alternative Law Journal]] |date=December 2008 |volume=33 |issue=4 |pages=209–213 |doi=10.1177/1037969X0803300404|s2cid=148627368 }}
* {{cite journal |last1=McKewon |first1=Elaine |title=The historical geography of prostitution in Perth, Western Australia |journal=[[Australian Geographer]] |date=November 2003 |volume=34 |issue=3 |pages=297–310 |doi=10.1080/0004918032000152393|bibcode=2003AuGeo..34..297M |s2cid=143759041 |ref=none}}
* {{cite journal |last1=Selvey |first1=Linda A. |last2=Lobo |first2=Roanna C. |last3=McCausland |first3=Kahlia L. |last4=Donovan |first4=Basil |last5=Bates |first5=Julie |last6=Hallett |first6=Jonathan |title=Challenges Facing Asian Sex Workers in Western Australia: Implications for Health Promotion and Support Services |journal=Frontiers in Public Health |date=13 June 2018 |volume=6 |page=171 |doi=10.3389/fpubh.2018.00171|pmid=29951477|pmc=6008381|ref={{harvid|Selvey et al|2018}}|doi-access=free }}
* {{cite journal |last1=Weitzer |first1=R. |title=Legalizing Prostitution: Morality Politics in Western Australia |url=https://www.researchgate.net/publication/31485840 |journal=[[British Journal of Criminology]] |date=1 January 2009 |volume=49 |issue=1 |pages=88–105 |doi=10.1093/bjc/azn027 |jstor=23639657 }}
* {{cite news |last1=Rasdien |first1=Peta |title=Legalising sex work will improve health: Curtin University study finds |url=https://www.perthnow.com.au/news/wa/legalising-sex-work-will-improve-health-curtin-university-study-finds-ng-ede1b71f6cd6f98579cc4040c86347cb |work=[[PerthNow]] |date=22 October 2017 }}
* {{cite news |last1=Flint |first1=Kirsten |title=Sex workers in WA Our laws are lagging, and people are suffering for it. |url=https://particle.scitech.org.au/people/sex-workers-in-wa/ |access-date=23 December 2019 |work=Particle |date=21 November 2017 }}

;Websites
* {{cite web|last1=Fitzgerald|first1=Criena|title=Sex Work|website=Karlkurla Gold: A History of the Women of Kalgoorlie-Boulder|url=http://www.womenaustralia.info/exhib/wikb/sexwork.html|publisher=[[National Foundation for Australian Women]], [[University of Melbourne]] (Australian Women's Archives Project)|date=2012|access-date=19 December 2019}}
* {{cite web|last1=Roberts|first1=Michelle|author-link=Michelle Roberts|website=Media Statements|title=New prostitution reforms to be released for public comment|url=https://www.mediastatements.wa.gov.au/Pages/Gallop/2002/11/New-prostitution-reforms-to-be-released-for-public-comment.aspx|date=26 November 2002|publisher=[[Government of Western Australia]]|access-date=17 December 2019|archive-date=17 December 2019|archive-url=https://web.archive.org/web/20191217214631/https://www.mediastatements.wa.gov.au/Pages/Gallop/2002/11/New-prostitution-reforms-to-be-released-for-public-comment.aspx|url-status=dead}}
* {{cite web |title=Prostitution Control Act Submission |url=http://www.hcc-wa.global.net.au/pages/rep_prostitution.html |publisher=Health Consumers' Council |access-date=20 December 2019 |archive-url=https://web.archive.org/web/20040104034641/http://www.hcc-wa.global.net.au/pages/rep_prostitution.html |url-status=dead |archive-date=4 January 2004 |date=February 2003 |ref={{harvid|HCC|2003}} }}
* {{cite web|last1=Roberts|first1=Michelle|author-link=Michelle Roberts|website=Media Statements|title=New prostitution laws introduced into State Parliament|url=https://www.mediastatements.wa.gov.au/Pages/Gallop/2003/04/New-prostitution-laws-introduced-into-State-Parliament.aspx|date=2 April 2003|publisher=[[Government of Western Australia]]|access-date=17 December 2019|ref=none|archive-date=17 December 2019|archive-url=https://web.archive.org/web/20191217221641/https://www.mediastatements.wa.gov.au/Pages/Gallop/2003/04/New-prostitution-laws-introduced-into-State-Parliament.aspx|url-status=dead}}
* {{cite web |title=Report of the Prostitution Law Reform Working Group |url=http://www.scarletalliance.org.au/library/wa_lwp_07 |publisher=Office of the Attorney General, WA |access-date=19 December 2019 |date=2007 |ref={{harvid|PLRWG|2007}} }}
* {{cite web|title=Prostitution|url=http://museum.wa.gov.au/explore/wa-goldfields/life-on-fields/prostitution|website=WA Goldfields|publisher=[[Western Australian Museum]]|date=2016|access-date=21 December 2019|ref={{harvid|WAM|2016}}}}
* {{cite web |title=Prostitutes |url=http://cms.slwa.wa.gov.au/dead_reckoning/government_archival_records/n-s/prostitutes |website=Dead Reckoning |publisher=[[State Library of Western Australia]] |access-date=21 December 2019 |date=28 October 2015 |ref={{harvid|SLWA|2015}} }}
* {{cite web |title=West Australian Prostitution Survivors Form Coalition Against Sex Trade |url=http://www.adoptnordicwa.org/uncategorized/west-australian-prostitution-survivors-form-coalition-against-sex-trade/ |website=Adopt Nordic WA |access-date=21 December 2019 |date=30 July 2019 |ref={{harvid|NordicWA|2019}} }}
* {{cite web |title=Western Australian Law and Sex Worker Health (LASH) Study 2.0 |url=https://siren.org.au/lash-project/ |website=Projects |publisher=Sexual Health And Blood-Borne Virus Applied Research And Evaluation Network (SIREN), [[Curtin University]] |access-date=21 December 2019 |date=2017 |ref=none }}
* {{cite web |title=WA |url=http://www.scarletalliance.org.au/laws/wa/ |website=State by State Laws in Australia |publisher=[[Scarlet Alliance]] |access-date=17 December 2019 |date=17 April 2016 |ref={{harvid|Scarlet Alliance WA|2016}} }}

;Legislation
* {{cite web |title=Western Australian Bills |url=http://classic.austlii.edu.au/au/legis/wa/bill/ |website=AustLII Databases |publisher=[[Australasian Legal Information Institute]] |access-date=17 December 2019 |date=18 December 2019 |ref=none }}
* {{cite web|title=Prostitution Act 2000|url=https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_25225.pdf/$FILE/Prostitution%20Act%202000%20-%20%5B02-a0-06%5D.pdf?OpenElement|publisher=[[Parliament of Western Australia]]|date=2000|access-date=17 December 2019|ref={{harvid|Prostitution Act|2000}}}} ''see also'' [https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_11564_homepage.html Prostitution Act 2000]
* {{cite web|title=Prostitution Control Bill 2002|url=http://www.parliament.wa.gov.au/parliament/bills.nsf/2378FAB775B7349C48256C7E000FDD31/$File/Prostitution+Control+Bill+2002+-+Green+Bill+-+(166-1).pdf|publisher=[[Parliament of Western Australia]]|date=November 2002|access-date=15 April 2018|ref={{harvid|PCB 2002|2002}}}}
* {{cite web|title=Prostitution Control Bill 2003|url=https://www.parliament.wa.gov.au/Parliament/Bills.nsf/45ED233660E6DFAF48256CFC00141C04/$File/EM%2B-%2BBill166.pdf|publisher=[[Parliament of Western Australia]]|date=April 2003|access-date=15 April 2018|ref=none}}
{{refend}}

{{Oceania in topic|Prostitution in}}
{{Sex}}   
{{Portal bar|Australia|human sexuality|Prostitution|Sex work|Feminism}}
{{Authority control}}

[[Category:Prostitution in Australia| ]]