The Law Handbook 2024

168 3.4 Sex work NOTE The law in this chapter is current as at 1 December 2023. Key legislation In Victoria, sex work legislation was repealed by the Sex Work Decriminalisation Act 2022 (‘ SWD Act ’) on 1 December 2023 which served to decriminalise sex work and provide for the reduction of discrimination against, and harm to, sex workers. Offences related to sex work involving children and coercion are now located in the Crimes Act 1958 (‘Crimes Act’). The Summary Offences Act 1966 (‘SO Act’) includes certain sex work offences and regulates the advertising of sex work. NOTE For the period 1 July 2023 to 30 June 2024, one penalty unit ( pu ) equals $192.31 under Victorian state law. For more information, see ‘A note about penalty units’ at the start of this book. If you are charged with an offence, get legal advice (see Chapter 2.4: Legal services that can help). What is sex work? In legislation sex work is now called ‘commercial sexual services.’ Section 35(1) of the Crimes Act defines commercial sexual services as services involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others for— (a) commercial benefit; or (b) payment; or (c) reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 (‘DPCS Act’))— whether or not the commercial benefit, payment or reward accrues to, or is given to, the person providing the services or to another person. For the purposes of this definition a person may provide services on a single occasion or multiple occasions (ss35(1A) Crimes Act). Is sex work legal? Sex workers must be over 18 years old and choose to provide sexual services. Sex work in Victoria was decriminalised in 2023 under the SWD Act. In the bill’s second reading speech on 13 October 2021, the Minister for Consumer Affairs, Gaming and Liquor Regulation, Melissa Horne, noted that sex work is a “legitimate form of work” and that sex workers were entitled to safe work rights. She went on to say: “Under a decriminalised framework, sex work businesses will be treated in the same way as other Victorian businesses and regulated through standard planning, occupational health and safety and other business laws and regulations that apply to all businesses in Victoria. Victoria Police will remain responsible for enforcing criminal laws.” Advertising sex work The former complex rules governing sex work advertising have been repealed. Section 39(1) of the SO Act states that the Governor in Council may make regulations with respect to advertisements for commercial sexual services. At the date of publication there are no such regulations in force. Section 38F of the Crimes Act makes the publishing of an advertisement that contravenes the regulations an offence punishable by 40 pu. It is a serious crime to advertise for the purpose of deceptively recruiting another person in order to provide commercial sexual services. Deceptive Contributor: Suzan Gencay, Family Violence and Victims Legal Service Coordinator, South-East Monash Legal Service