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Sex Work and the Law (Qld)


Sex work was fully decriminalised in Queensland in 2024. Prior to the changes, sex work was legal only if it took place in a licensed brothel or in private by a single worker acting alone. There were numerous criminal offences relating to sex work contained in the Criminal Code 1899. The majority of these have now been abolished. This page outlines the law as it now stands on sex work in Queensland.

What is sex work?

Sex work, formerly called prostitution, is the exchange of sexual services for material reward. It includes direct sexual contact as well as indirect sexual stimulation.

Acts that are coerced or non-consensual are not sex work. Sex work occurs on a voluntary basis and may take place in a brothel, on the street or through an escort agency.

Sex work offences

Under the old scheme, the Crimes Act 1899 contained a range of offences relating to prostitution. These included soliciting in public, procuring a person for prostitution, and participating in prostitution. These offences have now been repealed.

However, it remains a criminal offence under section 218 of the Criminal Code 1899 to procure commercial sexual service by coercion. This offence is punishable by a maximum penalty of 14 years imprisonment.

Sex work is legal

In Queensland sex work is now legal regardless of whether it takes place in a licensed brothel or elsewhere. The industry is now regulated by Queensland Work Health and Safety.

It is now illegal to discriminate against sex workers

Amongst the changes brought in by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill is the addition of ‘sex work activity’ to the list of prescribed attributes in the Queensland Anti-Discrimination Act 1991.

This means that it is now unlawful to discriminate against someone on the basis of their sex work activity in a range of areas of public life including at work, in accommodation and in education. The prohibition against discrimination operates in the same way as the prohibitions against discrimination on the basis of sex, race and disability.

Reasons for the changes

Queensland’s sex work laws had long been the subject of controversy, with sex workers and other community advocates calling for the industry to be decriminalised for many years. The Bill was introduced by Labor and supported by the Greens and independents. Attorney-General Yvette D’art said the changes were necessary to ensure that sex workers ‘have access to the same human rights and workplace health and safety protections as other Queensland workers.’

The old laws were criticised for prohibiting two or more sex workers to operate together, leading to workers carrying out their business alone, with increased risks to their safety. The laws were also perceived by some as pandering to the economic interests of licensed brothels by prohibiting sex work outside of that setting.

Responses to the changes

The sex work community has welcomed the changes, saying that they are likely to lead to reductions in discrimination and exploitation and to better health and safety outcomes in the industry. The changes were also welcomed by the Queensland Council of Unions and by the Queensland Law Reform Commission.

Greens MP Amy MacMahon said the changes were long overdue.

Opponents of the amendments include the Liberal-National Party and One Nation. The shadow Attorney-General, Tim Nicholls, said that it was unclear how the industry would be regulated under the new laws and expressed concern that sex work may become a nuisance to neighbours. “While the intention might be to treat sex work businesses just like any other, the reality is that very many people in the community do not regard it as just another business,” he said.

Supporters of the new laws have expressed concern that the amending legislation may be repealed if the Liberal-National Party returns to power in Queensland.

If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Armstrong Legal. 

Fernanda Dahlstrom

This article was written by Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.

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