Greens leader Tammy Franks introduces sex work decriminalisation bill to South Australian parliament

A radical push to decriminalise sex work in one state would allow infants up to the age of 18 months to be in brothels.

Infants and children could be exposed to the sex work industry under a radical new proposal to legalise prostitution in South Australia.

The bill, put forward by Upper House Greens leader Tammy Franks, would permit infants up to the age of 18 months to be within a brothel.

It would also permit children of any age to be exposed to the industry if their parents engage in sex work at their place of residence.

“A person must not allow a child who is of or above the age of 18 months to enter or remain at a prescribed brothel,” the bill states.

“(This) does not apply if the place at which the commercial sexual services are provided is the residence at which the child normally resides.”

Australian Christian Lobby state director for South Australia Ashlyn Vice called the provisions “very concerning”.

“Brothels are dangerous places for children,” she told NewsWire.

“If you think of a six-month-old at a brothel, if you think about the kind of people coming in and out, and prostitution is unfortunately very connected with drug use, alcohol abuse, violence, it is no place for a six-month-old to be kept.”

The bill could also expose children at child care centres and schools to the industry.

Greens Leader Tammy Franks has introduced legislation to decriminalise sex work in South Australia. Picture: Supplied

It blocks sex workers from soliciting for clients within 100 metres of a child care centre, kindergarten or school, but only between 6am to 6pm.

Ms Vice said the provision might expose kids at after-school concerts or sporting events to the industry.

Ms Franks, speaking with NewsWire, said the provisions were designed to protect working mothers.

“They may have the need, if they are breastfeeding, if their child is young, to go onto their workplace premises from time to time,” she said.

“It doesn’t mean a baby will be in a brothel while the mother is working necessarily.

“It’s just a common sense provision that recognises the reality of working mothers’ lives.”

She also defended the provision that permits a child of any age to be exposed to the industry from a residential premise.

“The reality is sex workers often work from home, in fact quite regularly work from home and currently do in South Australia even though it is not lawful,” she said.

“They also live at home, with their families, with their loved ones.

“That doesn’t mean that a child is in the room while sexual activity is being undertaken.

“That means that the home, as a premises, is somewhere where that child can live.”

Ms Franks said she did not accept that brothels might be more “high-risk” that other workplaces.

“All workplaces have elements of risk in different ways. Children are often prohibited from being in workplaces, as they are under this legislation, but I’ve never seen legislation that stops someone from being able to breastfeed, and undertake those parenting duties.”

The bill would prohibit solicitation for sex work within 100m of a child care centre or school. Picture: Supplied

Ms Franks also stressed her proposal would be subject to pre-existing child protection laws, specifically the 2017 Children and Young People Safety Act.

“They would come into play and they are quite specifically referred to in the bill,” she said.

“Should a child in any way be at risk, unsafe, in danger, then there are child protection laws that apply.”

Sex work, either its sale or solicitation, is illegal in South Australia, and the state has struggled for years to reform its prostitution laws.

Ms Franks’ bill proposes a licensing model for decriminalisation.

It would require brothels with six or more workers to apply for an operating certificate from the commissioner for consumer affairs.

An applicant must be a “fit and proper” person to hold a certificate and cannot be a member of a criminal enterprise.

It would also criminalise sexual coercion, establish a code of practice for safe working conditions and wipe convictions for historic sex work offences.

“This bill isn’t the bill I would have put up 10 years ago, it’s the bill I’ve put up now knowing what the parliament looks like, what is really practical, and listening to the concerns of those who have yet to support decriminalisation, but do come from a workers’ perspective,” she told NewsWire.

“The ultimate goal here is to allow those adults who wish to engage in commercial sex services for their work, to do so free of fear that they will fall foul of the law.

Upper House Liberal leader Nicola Centofanti has confirmed she will oppose the decriminalisation bill. Picture: NewsWire / Ben Clark

“To remove policing from their lives and have proper workplace conditions for them, but also listening to the concerns of the community.”

Last year, the Upper House knocked back Liberal leader Nicola Centofanti’s “nordic model” bill, which would have decriminalised the women who sell sex but criminalise the men who pay for it, by one vote.

Ms Centofanti confirmed with NewsWire this week she would oppose Ms Franks’ bill.

“It appears Tammy Franks’ bill is essentially full decriminalisation with a licensing scheme for brothels with more than six prostituted people,” she said.

“Make no mistake, this bill will open up street walking, public advertising and recruitment.

“It will throw open the doors to a trade built on desperation, making it easier for men to buy women’s bodies without consequence.

“We’ve seen what decriminalisation and legalisation brings in places like New Zealand and Germany — more trafficking, more violence and more women trapped.”

Ms Vice also said the ACL would campaign against the reform.

“No amount of regulation can make sex work or prostitution safe,” she said.

“It is inherently harmful to women.”