Sex Work and the Law (Vic)
Sex Work and the Law (Vic)
Sex work was fully decriminalised in Victoria in 2022. Prior to the changes, sex work was legal in the state only if it was conducted under specific circumstances and workers were required to adhere to strict conditions. This page outlines the laws surrounding sex work in Victoria as they now stand.
Legislation
In 2022, the Sex Work Decriminalisation Act 2023 was passed and the Sex Work Act 1994 was repealed.
Decriminalisation of sex work
Before the 2022 changes, sex workers in Victoria were able to operate legally only if they were attached to a licensed brothel or escort agency. Street-based work was illegal and there were very strict requirements that had to be met for sexual services to be advertised. There was also a wide range of criminal offences relating to sex work contained in the Sex Work Act 1994.
Victoria’s laws surrounding sex work had long been criticised as outdated and discriminatory, with sex workers and those in the health, education and legal sectors calling for the laws to be reformed. The old system was widely experienced as stigmatising and led to many sex workers operating unlawfully. In turn, this led to unsafe practices and to some workers being reluctant to access services because of the stigma and potential penalties that could attach to their occupation.
In response to these concerns, the Victorian government undertook the first large-scale review of the state’s laws since 1985 and investigated workplace health and safety issues as well as criminal activity within the industry.
The new framework recognises sex work as a legitimate occupation to be regulated in the same way as other industries.
Anti-discrimination law
Under the new laws, sex workers in Victoria are protected against discrimination in a range of areas of public life including education, accommodation, employment and the provision of goods and services.
This protection has been achieved through the addition of ‘occupation, trade or profession’ to the list of protected attributes in the Equal Opportunity Act 2010. A person must not discriminate against another person on the basis that they have engaged in sex work.
Sex work offences that remain
While some of the criminal offences relating to sex work that existed under the old system have been repealed, there are some offences that still remain. These are offences that relate to exploiting or endangering the safety of a child or a person who is engaging in sex work. These offences are contained in the Crimes Act 1958 and the Summary Offences Act 1966.
These offences include:
- causing or inducing a child to take part in commercial sexual services
- soliciting commercial sexual services at or near a school, education or care premises, or child services premises
- allowing child on premises used for sexual services
- using force or threats to cause another person to provide commercial sexual services
- causing a person to provide commercial sexual services in circumstances involving sexual servitude
- deceptive recruiting for commercial sexual services
Regulation of sex work
The sex work industry in Victoria is now regulated in the same manner as other industries through WorkSafe Victoria and the Department of Health. Workers may raise concerns about unsafe workplaces and work practices and lodge complaints about unlawful discrimination.
Other jurisdictions
The decriminalisation of sex work in Victoria coincides with similar law reforms in other jurisdictions. Queensland fully decriminalised the industry in 2024 and all forms of sex work are also now legal in the Northern Territory. Laws in other states and territories vary, with some forms of sex work being legal, while others are unlawful.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.
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