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The Guardian - AU
The Guardian - AU
National
Eden Gillespie

Queensland to decriminalise sex work as review recommends new advertising rules

Queensland attorney general Shannon Fentiman.
Queensland attorney general Shannon Fentiman says changes to the sex-work industry will ‘ensure that some of the most vulnerable people in our community have legal protections at work’. Photograph: Darren England/AAP

Queensland will decriminalise sex work after a long-awaited review recommended sweeping changes to the industry to combat violence, discrimination and exploitation.

A landmark review into sex work by the Queensland Law Reform Commission has made 47 recommendations, including scrapping the Prostitution Licensing Authority, repealing some police powers and allowing services to be advertised on radio and TV.

The QLRC also recommended that sex workers not be singled out for public soliciting or street-based sex work, and said planning rules should allow services to operate away from industrial zones.

While sex work is under a licensing framework in Queensland, about 90% of sex workers are in the “unlawful sector” privately or at unlicensed businesses.

Sex workers have long rallied against the laws that prohibit them from employing a receptionist, working with others or texting other sex workers before and after a booking to make sure they’re safe.

In Queensland, police can currently also pose as clients and entrap workers by pressuring them to offer blacklisted services.

The attorney-general, Shannon Fentiman, said the government was “broadly supportive” of recommendations and supported decriminalising sex work.

Fentiman said decriminalisation of sex work would “ensure that some of the most vulnerable people in our community have legal protections at work”.

She confirmed this would mean abolishing the Prostitution Licensing Authority, which regulates the state’s 20 brothels.

“The sex-work industry will be regulated by workplace health and safety laws, planning laws, advertising codes and standards, and public amenity and public nuisance laws,” she told reporters on Monday.

Fentiman said the government hoped to introduce legislation before the end of the year after consulting key stakeholders.

“We will need to work through each of the recommendations to work out how best to implement the intent of the law reform commission,” she said.

The report found the current framework undermined the health, safety and justice of sex workers. Those interviewed said they were reluctant to report crimes to police for fear of arrest or not being believed.

The QLRC said the law should respond to “reality, not myths”.

“Stereotypes about most sex workers being street workers, victims of exploitation or trafficking, or ‘vectors of disease’ are not supported by the evidence or reflected in the diversity of the sex-work industry,” the report said.

“The assumption that decriminalising sex work will increase the size of the industry is also unsupported.”

Sex worker and state coordinator of Respect Inc, Lulu Holiday, said decriminalisation will be a “life-changing policy shift”.

“Decriminalisation would mean I wouldn’t have to worry every time a client contacts me that it might be a police officer. I’d be able to work in a way that feels safe for me without being worried that I’m at risk of arrest,” Holiday told Guardian Australia.

“While it’s going to have a huge impact for us, it’s really not going to have any noticeable impact on the rest of the Queensland community.”

The chief executive of the Scarlet Alliance, Mish Pony, said the announcement “brings Queensland in line with domestic and international best practice”.

“Decriminalisation is a cost-effective, high compliance model for government and supports workplace health, safety and rights for sex workers,” Pony said.

The Queensland government confirmed last month it will also move to scrap an exemption of the state’s Anti-Discrimination Act which allows employers to discriminate against sex workers and gender-diverse and transgender people when working with children.

The exemption will be repealed, along with another clause that allows accommodation providers to lawfully discriminate against sex workers if there is a “reasonable belief” that they are engaging in sex work on the premises.

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