Victorian councils ‘powerless’ to refuse brothels, home-based prostitution

Sex workers are set to ply their trade next to schools and churches in “free for all” with rules on where brothels can operate being stripped back.

Sex workers will be able to set up shop next to kindergartens, schools and churches in a “free for all” when new state government reforms are rolled out across Victoria.

Changes to the Victorian Planning Provisions will allow sexual services to be legally offered without a permit from any house, including rental properties.

Rules preventing sex services businesses within 200m of schools and places of worship will also be scrapped.

The changes were developed from recommendations by Reason Party leader Fiona Patten as part of the decriminalisation of sex work which aims to increase safety, reduce stigma and improve access to government health and justice services for sex workers.

Mornington Peninsula priest Geoff McIlroy said he was shocked protections for schools and churches would be dumped when the changes were introduced.

“What are children going to be exposed to?” he said.

“And how are these services going to be advertised?”

Father McIlroy, whose parish oversees St Macartan’s Primary School, Mornington and Padua College — which has campuses in Tyabb, Rosebud and Mornington — planned to discuss the changes with parishioners and the school communities.

“If they want me to take action I’ll look at raising a petition against these changes,” he said.

Mornington Peninsula Shire also had “grave concerns” about the planning reforms.

Councillor David Gill said while he supported decriminalisation, “the devil was in the detail”.

“It is expressly pointed out by the Planning Minister that refusals are not possible on the grounds of being next door to schools, kindergartens or churches,” Cr Gill said.

“There will be no limitations on the number of brothels as they are defined as home-based businesses in any residential area.

“Red light districts could develop on the Mornington Peninsula.”

Ratepayers Victoria spokesman Dean Hurlston said the changes “go too far”, would expose children to anti-social behaviour and strip councils of the power to deal with “inevitable problems.”

“It’s a free for all,” Mr Hurlston said.

“Sex work will be allowed anywhere and anytime.”

While the association supported the principles of decriminalising sex work, clear guidelines were needed to manage the changes.

“At a bare minimum there needs to be an exclusion zone to protect schools and parks,” Mr Hurlston said.

“Children have the right to play without being confronted by men coming and going for sex.

“When there’s a problem with the goings on at the house next door, ratepayers will call the council to complain and that council won’t be able to do anything.”

Australian Adult Entertainment Industry spokesman William Albon welcomed the decriminalisation of sex work, but feared some of the reforms would ultimately lead to unsafe working environments.

“There are fears for the safety and security of women working on their own, in their own homes,” Mr Albon said.

According to the Department of Environment, Land, Water and Planning the owner and occupier of a home-based business was responsible for ensuring they did not “adversely affect the amenity of the area”.

Complaints about home-based businesses and breaches of the planning scheme should be reported to the relevant municipal council.

A DELWP spokesperson said the changes recognised sex work was “legitimate” and should be regulated through standard business laws.

They said a series of information sessions were held for councils and other stakeholders after the Sex Work Decriminalisation Act was passed.