SEX WORK AND THE LAW - HIV/AIDS Data Hub

programmes. 696 New South Wales decriminalized most of the
sex industry in 1995, although street-based work remains
“EVIDENCE CONFIRMS
illegal if it occurs near a dwelling, school, church or hospital.
THAT DECRIMINALIZATION New South Wales has some of the highest rates of condom
HAS BEEN A SUCCESSFUL use among sex workers anywhere in the world (exceeding
APPROACH IN REDUCING 99 percent), and consistently low STI prevalence. 697 There is
OPPORTUNITIES FOR
no evidence that decriminalization increased the frequency
POLICE CORRUPTION AND of commercial sex in New South Wales. 698 An assessment of
IMPROVING THE COVERAGE the New South Wales model found that it had significantly
OF HEALTH PROMOTION “improved human rights; removed police corruption; netted
PROGRAMMES.”
savings for the criminal justice system; and enhanced the
surveillance, health promotion and safety of the NSW sex
industry.” 699 There is no licensing system and brothels only
need town planning permission. Concerns have been raised
that proposals announced in 2012 to shift from a decriminalization approach to a licensing
approach in this state will be harmful to public health. 700
The government of New South Wales has published workplace health and safety guidelines
for brothels. 701 The guidelines provide brothel proprietors with minimum standards for a
safe and healthy environment for sex workers, other employees, clients and visitors. Under
the state’s health and safety legislation, brothel proprietors have legal duties with regard
to employees and other visitors in the workplace. The government has also published
Planning Guidelines for Sex Services Premises. The Guidelines state the principles that sex
services premises should be treated in a similar manner to other commercial enterprises,
and that sex services premises are a legitimate land use to be regulated through the state
planning system. 702
To assess whether different legal models have an impact on the delivery of health
promotion services to sex workers, researchers compared health promotion programmes
in three Australian cities. The cities were Melbourne (Victoria: unlicensed brothels are
criminalized), Perth (Western Australia, criminalization) and Sydney (New South Wales: sex
work largely decriminalized, no licensing). Research comparing the situation in states with
different legal models concluded that the decriminalization of sex work is associated with
better coverage of health promotion programmes for sex workers. The unlicensed sector
was found to be isolated from peer education and support. 703
696 Harcourt C., Egger S., Donovan B. (2005) Sex work and the law Sexual Heath 2(3):121-8; Harcourt C.,
O’Connor J., Egger S., et al. (2010) The decriminalization of prostitution is associated with better coverage of
health promotion programs for sex workers. Aust NZ J Public Health, 34(5): 482-6; Donovan B., Harcourt C., Egger
S. (2010) Improving the health of sex workers in NSW: maintaining success, NSW Public Health Bulletin 21(3-
4)74-77.
697 Donovan B., Harcourt C., Egger S. (2010) Improving the health of sex workers in NSW: maintaining
success NSW Public Health Bulletin 21(3-4)74-77, p.74.
698 Ibid.
699 Donovan B., Harcourt C., Egger S., et al. (2012) The Sex Industry in New South Wales: a Report to the NSW
Ministry of Health Sydney: Kirby Institute, p.7.
700 See e.g.: http://catefaehrmann.org/2012/08/brothel-licensing-will-be-public-health-disaster-greens/
701 Workcover NSW (2001), Health and safety guidelines for brothels. Available at: http://www.workcover.nsw.
gov.au/formspublications/publications/Documents/brothels_health_safety_guidelines_English_0120.pdf
702 Sex Services Premises Planning Advisory Panel (2004), Sex Services Premises: Planning Guidelines, Sydney:
NSW Department of Planning.
703 Harcourt C., O’Connor J., Egger S., et al. (2010) op cit.
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