Call our lawyers
now
or,
have our lawyers
call you
Sex Work and the Law (Vic)
Updated on Dec 13, 2022 • 4 min read • 697 views • Copy Link
Sex Work and the Law (Vic)
Sex work is legal in Victoria but it is subject to a strict licensing scheme governed by the Sex Work Act 1994 and the Sex Work Regulations 2016. Sex workers who are unable to comply with these licensing requirements operate outside of the legal framework and can be prosecuted with criminal offences. This means that a large majority of Victorian sex workers operate unlawfully. The Victorian parliament is currently undertaking a major review of the state’s sex work laws and there are widespread calls for all forms of sex work to be decriminalised in Victoria.
Brothels
To operate lawfully, a brothel in Victoria must have a Sex Work Service Provider’s license and must comply with the Sex Work Act. Brothels with only one or two sex workers are exempt from licensing requirements. Such brothels do not require a license to operate but they do require a permit to be granted under the Planning and Environment Act 1987. They must also register with the Business Licensing Authority as an exempt brothel.
Brothels in Victoria must only operate in locations that are at least 100 metres away from residences and 200 metres away from churches, schools, hospitals and places where children spend time regularly.
Under the Public Health and Wellbeing Act 2008, sex workers operating in brothels must be provided with an adequate supply of condoms and lubricant, free of charge. The Act also requires brothels to provide clean linen and showers and baths with hot and cold water for the use of sex workers and clients at all times.
Sex workers operating in brothels must undergo STI testing every three months.
Escort agencies
Escort agencies are businesses that provide sexual service to clients at premises that are not provided by the company. Escort agencies are legal in Victoria. Agencies must comply with the Sex Work Act and sex workers may refuse a booking if they think the situation is unsafe.
Street-based sex work
Street-based sex work is illegal in Victoria. Sex workers who do street-based sex work can be charged with criminal offences.
Advertising
It is legal for sex workers to advertise in Victoria. However, the Sex Work Regulations stipulate exactly what can be included in the advertising.
Ads for sexual services that are published online may include a photo of the sex worker, provided the photo does not show the sex worker’s bare breasts, genitals or a sexual acts
Sex work must not be advertised through broadcasting or on television. Ads must not describe sexual services, induce anyone to work as a sex worker, or refer to the health of the sex worker. However, the ad may state the sexual orientation of the sex worker and that they practice safe sex.
Printed ads must not be larger than 18cms by 13cms.
Sex work offences
A range of acts involving sex work amount to criminal offences under the Sex Work Act. These offences and their maximum penalties are listed in the table below.
| Offence | Maximum penalty |
|---|---|
| Causing a child to take part in sex work | 10 years |
| Obtaining payment for sexual services provided by a child | 15 years |
| Allowing a child to take part in sex work | 10 years |
| Forcing a person into sex work | 10 years |
| • Loitering with the intention of soliciting sexual services in certain public places | 9 months |
| Soliciting sexual services in certain public places | 1 month for first offence; 3 months for second offence; 6 months for third offence |
| Permitting an infected sex worker to work in a brothel | 50 penalty units |
| Performing sex work while infected with a sexually transmittable disease | 10 penalty units |
| Operating a brothel in a place other than a building | 3 months |
| Behaving in an indecent, offensive or insulting manner towards a sex worker in a public place | 3 months |
Sex work law review
In November 2019, the Victorian government announced that the state will conduct the first large-scale review of its sex work laws since 1985. Among other things, the enquiry will look into workplace health and safety and criminal activity within the sex work industry.
Advocates for the rights of sex workers say the enquiry is needed because Victorian laws are out of date. Developments such as the widespread use of the internet have led to situations and practices that were not anticipated when the laws were drafted.
Advocacy groups such as Sex Work Law Reform Victoria and Scarlett Alliance believe that all sex work should be decriminalised to promote health and safety among sex workers and better relationships between sex workers and police.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Drug Diversion Programs in Victoria
Drug Diversion Programs in Victoria There are two types of drug diversion programs in Victoria. Successfully completing the conditions of either of them means that a person will not have a criminal conviction recorded for the offence and will not be sentenced through the courts. Diversions are aimed at first ....
Posted in:
Sentencing
Fingerprints and the Law (Vic)
Victorian police have extensive powers when it comes to taking fingerprints from suspects. The procedures that must be followed depend on the age of the suspect involved. The laws surrounding fingerprinting are contained in the Crimes Act 1958. When can police take fingerprints? Generally speaking, the police have the power ....
Posted in:
Evidence
There are a number of crimes relating to unlawful killing under Victorian criminal law. These include murder, manslaughter, constructive murder, single punch manslaughter and voluntary manslaughter. If a victim dies in Victoria, the matter may be tried in a Victorian court, regardless of whether the acts leading to death occurred in ....
Posted in:
Offences
Abolishment of De Novo Appeals (Vic)
Abolishment of De Novo Appeals (Vic) New legislation has been passed in Victoria which will have the effect of abolishing de novo appeals. The Justice Legislation Amendment (Criminal Appeals) Act 2019 comes into effect on 1 July 2020. It will introduce changes including allowing the Court of Appeal to refer matters to ....
Posted in:
Court Processes
Character evidence is evidence that relates to whether an accused is of good or bad character. Whether or not character evidence is admissible in a proceeding depends on whether the evidence is of good or bad character. The rules of character evidence are set out in the Uniform Evidence Act, which ....
Posted in:
Evidence
Assaults on Police and Emergency Workers (Vic)
Assaults on Police and Emergency Workers (Vic) In Victoria, there is a range of offences involving assaults on police or other emergency worker. While offences that do not result in injury can be dealt with by way of non-custodial sentences, the more serious offences attract a mandatory minimum term of ....
Posted in:
Offences
What Is A Committal Hearing? (Vic)
What is a Committal Hearing? (Vic) When a person is charged with a serious indictable offence that must be dealt with by the Supreme Court or County Court, the accused must first be ‘committed’ to a higher court by a magistrate. This occurs by way of a proceeding known as a Committal Hearing. ....
Posted in:
Court Processes
Koori Court (Vic) The Koori court is a separate division of the Magistrates Court, County Court and Children’s Court, which exists to deliver more inclusive and culturally appropriate sentencing to Aboriginal defendants. Koori Court hearings include Koori Elders, Respected Persons, the Koori Court Officer and the defendants’ Koori families. The court seeks to impose ....
Posted in:
Court Processes
Unfitness for Trial (Vic) Persons charged with criminal offences must decide whether they wish to plead guilty or not guilty. This means the accused person must make a conscious, deliberate and voluntary decision to either accept responsibility for the charged offence or deny the charged offence and contest the matter ....
Posted in:
Court Processes
Extra-Curial Punishment and Sentencing (Vic)
Extra-Curial Punishment and Sentencing (Vic) The Sentencing Act 1991 (Vic), dictates that a sentencing Judge may only impose a sentence for the certain purposes. These purposes are punishment, deterrence, rehabilitation, denunciation, community protection or a combination of two or more of those purposes. When determining an appropriate sentence, the court ....
Posted in:
Sentencing
No Conviction in Victoria When a person is found guilty of an offence in Victoria, the court may record a conviction against them or may find them guilty without conviction. When a conviction is recorded it forms part of the person’s criminal record and must be disclosed in a number ....
Posted in:
Sentencing
Trespass Offences in Victoria In Victoria, the Summary Offences Act 1966 contains offences relating to trespass. This page sets out the trespass offences in Victoria and the penalties that apply. Trespass Under section 9(1) of the Summary Offences Act 1966, it is an offence to do any of the following: ....
Posted in:
Offences