News laws decriminalising prostitution unfair to sex workers

SA Law Society backs sex workers’ opposition to police powers to enter and search a brothel without a warrant once the industry is decriminalised.

Changes that would allow police to enter brothels without a warrant if prostitution is decriminalised are unnecessary and should be scrapped, the state’s peak law body and sex workers say.

Legal, political and sex industry advocates will start lobbying politicians to ensure brothels receive the same general search warrant powers that apply to most workplaces under current reforms due to be debated in parliament next month.

Draft laws, introduced to the Lower House on Wednesday, will give police the power to enter and search a brothel if there is “reasonable cause” to suspect an offence has or is about to be committed. No warrant will be needed.

“The Society questions the necessity of the additional powers to enter brothels given the wide range of police powers to enter premises already available,” Law Society of SA president Amy Nikolovski told the Sunday Mail.

Law Society President Amy Nikolovski

A Law Society submission lists eight pieces of legislation – including those that cover controlled substances, criminal assets confiscation, firearms and serious and organised crime - which police can used to enter and search brothels under a decriminalised sector.

“Given that brothels would not be unlawful enterprises under the Bill, the Society considers it appropriate that, with regards to entering brothels, police observe the general search warrant process that applies to most businesses,” said Ms Nikolovski.

“This would still give police the authority to investigate suspected criminal behaviour and enter premises where necessary,” she said.

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“Sex workers should have the same rights and protections as any other employees, and this should extend to dealings with police.”

Sex workers have complained of harassment and intimidation by police using current laws in which no warrant is needed to enter/search a brothel and say they are not necessary under a decriminalised sector (see breakout).

“For true decriminalisation of the industry to occur non-discriminatory practises must be adopted,” said Sex Industry Network general manager Kat Morrison.

MLC Tammy Franks, who introduced the Bill in the Upper House in May last year, said it was not unreasonable for police to obtain a warrant if there was suspicion of a crime, just like any other premises.

Greens MLC Tammy Franks introduced the Bill in May, 2018. Picture Dean Martin

She said there was little existing police evidence of criminal activity within the South Australian sex industry and that child exploitation would be illegal under her proposed Bill.

A police spokesman said in the past year, two charges have been laid – one relating to drug trafficking connected to a brothel and one involving a child providing sex for money in which a man was sentenced to 10 years imprisonment last month.

He said police needed to keep current broad search and enter powers over the sex industry even if decriminalised because of its susceptibility to organised crime including money laundering, drug trafficking, sexual servitude and child sexual exploitation.

“It would be consistent with other industries such as hydroponics, tattoo and second hand dealers - all industries that are susceptible to the infiltration of organised crime.

“While there are other legislative authorities that allow police to enter and search, these powers do not allow police to specifically monitor the industry to detect criminal behaviour.”