New Bill to legalise sex work in SA tabled in Parliament by Greens MLC Tammy Franks

LEGISLATION to decriminalise sex work in South Australia has been tabled in Parliament, in another attempt to change the law.

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LEGISLATION to decriminalise sex work in South Australia has been tabled in Parliament.

The laws introduced by Greens MLC Tammy Franks has the support of the SA Law Society and the Women’s Lawyers Association.

Ms Franks said South Australia desperately needed law reform to finally decriminalise sex work.

“Criminalisation of sex work is quite simply both dangerous and archaic,” Ms Franks said.

“The decriminalisation of sex work is a sensible reform that has strong support across human rights, women’s and health organisations.

“The model of decriminalisation of sex work is supported as best practice internationally no less than by the World Health Organisation, Amnesty International (AI) and locally by women’s groups such as the YWCA, the Working Women’s Centre, Business and Professional Women and Zonta International, as well as, most importantly, the representatives of the 2000 or so sex workers in our state via advocacy bodies such as Scarlet Alliance, the Sex Industry

Network and SWAGGERR.”

SA Law Society president Tim Mellor said the proposed Bill, which provides for the full decriminalisation of sex work, is the best model for the protection of workers, most of whom are women, in the sex industry.

“After several attempts to decriminalise sex work, it’s high time that existing antiquated laws are overhauled and sex workers are afforded the same rights and protections as any other employee,” Mr Mellor said.

Mr Mellor said that the safety and wellbeing of sex workers is compromised by existing laws that criminalise sex work.

“The illegitimacy of sex work serves as a barrier for sex workers to report abuse and other mistreatment,” Mr Mellor said.

“Often workers are too scared to report abuse because their industry is shrouded in criminality.”

Mr Mellor said police already have wide search powers to investigate criminal activity such as trafficking or sexual servitude.

“We would expect that by decriminalising the industry and granting workers basic protections, workers would be more likely to assist authorities with their investigations,” Mr Mellor said.

The proposed law is the same as the 2015 Lensink/Key Bill introduced by Liberal MLC Michelle Lensink, which passed the Upper House with a clear majority of 13 votes to eight, but lapsed before reaching a vote in the Lower House when Parliament was prorogued for this year’s state election.

In July last year, then-Labor MP Steph Key, who had long championed decriminalising sex work, said she would try to get the matter dealt with by the Lower House as soon as possible.

But as predicted at the time the Bill was not debated before South Australians went to the polls in March.

At the time then-Opposition Leader Steven Marshall said SA’s legislation lagged behind other states and “absolutely supported” debate being held before the election.

“It’s time for us to consider this carefully,” he said. “I’m not saying this is without risks and consequences and that’s why the Liberal Party will not be shirking its responsibilities and will

be participating in a proper debate in the House of Assembly.”

Sex work also remains criminalised in Tasmania and WA.