Sex Work Offences (Vic)
In Victoria, the laws surrounding sex work changed dramatically in 2022. At that time, the Sex Work Act 1994 and the Sex Work Regulations 2016 were repealed and the Sex Work Decriminalisation Act 2022 was passed. This page outlines the laws in Victoria as they now stand.
Decriminalisation of sex work
The new Act recognises sex work as a legitimate occupation and makes consensual commercial sexual services between adults legal in most locations in Victoria. It regulates the industry in the same manner as other industries in Victoria.
Under the old laws, many forms of sex work such as street-based services were unlawful. There were also very tight controls around how sexual services could be advertised. Victorian brothels had to comply with strict licensing requirements.
The old system had long been criticised as outdated by the sex work community and by the health, legal and education sectors. The old laws were seen as putting sex works at risk by stigmatising their occupation, meaning that many workers were reluctant to access health services and other services that they needed for fear of criminal penalties.
Protection against discrimination
The Victorian Equal Opportunity Act 2010 has now been amended to include a person’s occupation, trade or profession among the list of prescribed attributes that are protected from discrimination. This means that a person is now protected against discrimination on the basis of their sex work activity in a range of areas of public life including education, accommodation and the provision of goods and services.
Offences relating to sex work
Victoria has retained a number of criminal offences designed to protect children and sex workers from exploitation and harm in the context of sex work remain. These are contained in the Summary Offences Act 1966 and the Crimes Act 1958 and include the following offences:
- Soliciting commercial sexual services at or near a school, education or care premises, or child services premises (section 38B of the Summary Offences Act 1966)
- Allowing child on premises used for sexual services (section 38C of the Summary Offences Act 1966)
- Publishing an ad for commercial sexual services that contravenes the regulations (section 38D of the Summary Offences Act 1966)
- Using force or threats to cause another person to provide commercial sexual services (section 53B of the Crimes Act 1958)
- Causing a person to provide commercial sexual services in circumstances involving sexual servitude (Section 53C of the Crimes Act 1958)
- Conducting a business in circumstances involving sexual servitude (section 53D of the Crimes Act 1958)
- Deceptive recruiting for commercial sexual services (section 53F of the Crimes Act 1958)
- Causing or inducing a child to take part in commercial sexual services (section 53H Crimes Act 1958)
Effect of the changes
The new laws are intended to ensure that sex workers have more choices as to where and how they provide sexual services. The sex work industry is now regulated by WorkSafe Victoria and the Department of Health. Sex workers may now complain about unsafe workplaces and discrimination through the same channels as workers in other industries.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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.