Parliamentary committee accepts framework to decriminalise sex work in Qld

A report examining the proposed legal framework to decriminalise sex work and improve the health, safety and rights of workers has recommended legislation to be passed.

A landmark review by the Queensland Law Reform Commission (QLRC) last year made 47 recommendations to decriminalise sex work, including removing the Queensland’s brothel licensing system, changing planning laws to allow brothels to operate away from industrial areas, adding protections for sex workers and repealing sex work specific health offences.

Left to right: Respect Inc state coordinator Lulu Holiday, Queensland Council of Unions secretary Jacqueline King, and DecrimQLD campaign leader Janelle Fawkes. Credit: Dr Elena Jeffreys

The legislation was referred to a parliamentary committee for consideration, with stakeholders and advocates submitting to the inquiry ahead of a final report, released on Friday, April 12.

After careful deliberation, the committee accepted the bulk of the draft legislation and recommended it be passed.

While the decriminalisation framework has been widely supported by peak organisations in the sex work, health and human rights space, there was opposition throughout the inquiry, including from the Queensland Hotels Association, the Office of the Prostitution Licensing Authority and The Australian Christian Lobby.

QHA raised concerns over changes to the Anti-Discrimination Act, arguing that tourist accommodation businesses should be allowed to refuse sex workers operating on premises in line with their service standards and the expectations of guests.

The Department of Justice and Attorney-General found that changes to the current law would still allow accommodation providers to control the use of their premises, in the same way they can for any other person.

As an example, they said a motel operator would still be able to implement policies about the use of their rooms relating to commercial activity that attracts clients, for instance a hairdresser, since the primary function of a motel is to provide short-term accommodation to travellers or tourists.

Another point of contention was the QLRC’s recommendation to restrict local governments’ power to make local laws so that it cannot prohibit or regulate sex work.

This mainly relates to current regulation that allow local government’s to restrict the location of brothels to industrial areas.

The ACL raised concerns that a reduction in local government power would lead to the increased presence of brothels in residential neighbourhoods, near schools or places of worship.

Sex workers, advocates and researchers strongly refuted this claim, citing discreet operations as fundamental to both workers and clientele.

Dr Elena Jeffreys, from advocacy body Scarlet Alliance, said this is one of the biggest misconceptions about what the decriminalisation framework would change.

“The idea that the size or style of the sex industry in Queensland is going to change...that there will be new or different sex work activity popping up in the suburbs or in residential areas [because of these laws] is just not the case,” Jeffreys said.

The decriminalisation framework will bring sex workers under general laws and move the industry into regulatory environments which apply to other businesses operating in Queensland.Credit: Anthony Johnson

“We are already working very quietly and very low-key, discreetly in the suburbs and in residential locations.”

The committee found land use and planning applications related to sex work businesses should be no more and no less regulated than other legal businesses.

The QLRC recommendation to repeal the Prostitution Act and Prostitution Regulation, which will remove public solicitation offences, abolish the licensing authority, remove sex work specific advertising provisions and repeal sex work specific health offences, was strongly opposed by the PLA.

PLA chairman Colin Forrest SC told the committee these changes would open the industry to money laundering, worker coercion, people trafficking and illicit drug dealing.

He also disagreed with the assertion that worker and client health will be appropriately managed through Workplace Health and Safety Queensland with the removal of mandatory testing.

The committee rejected these concerns, noting the Prostitution Licensing Authority had not offered strong evidence behind their claims of criminality.

On the sexual health of sex workers, DJAG found no evidence that sex workers in Australia have higher sexually transmitted infection rates and blood-borne viruses than the general population and supported voluntary testing and peer education.

The decriminalisation framework will allow sex work businesses and sex workers to be regulated by Queensland’s existing Workplace Health and Safety framework. The committee supported regulation through general laws and industrial relations.

Nearly 180 submissions were considered by the committee. The Queensland government has three months to respond to the report’s recommendations.