Escort Agency Worker Laws

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Sex Work Law Reform Victoria expressly disclaims any liability to any person of any action taken or not taken in reliance on the contents of this document.

Escort Agency Work (licensed escort agencies)

You are an escort agency worker if you work for a licensed escort agency. Clients contact the agency directly then the agency sends you to the client’s home or hotel. The escort agency takes a ‘cut’ of the money you earn. For a list of licensed escort agencies in Victoria, see RhED’s escort agency listing webpage. RhED is a Melbourne based community health centre providing information to the sex industry.

Key Points

- - You are only allowed to work for licensed escort agencies.
  - You don’t need a SWA number to work for an escort agency.
  - You must use condoms.
  - You cannot work if you have certain sexually transmissible infections (STIs).

The following table refers to STIs. An STI is a sexually transmissible infection.

In the ‘Law’ column below, SWA refers to the Sex Work Act 1994 (Vic).

The following table refers to the BLA. BLA means Business Licensing Authority, a division of Consumer Affairs Victoria. This table is a summary of the wording of the legislation and should be treated as a guide only. Please refer to the legislation for details.

Escort Agency Sex Work – What’s Legal?

WHAT YOU CAN DO	WHAT YOU CAN’T DO	WHAT YOU MUST DO	PENALTY	LAW
	You can’t work for an unlicensed escort agency, and you should take steps to confirm that the agency is licensed. You can check an agency’s license: -at the business, they are required to display their license -on their advertisements, they are required to quote their license number of ads -by asking to see their license -by paying a fee to the BLA to check the license
WHAT YOU CAN DO	WHAT YOU CAN’T DO	WHAT YOU MUST DO	PENALTY	LAW
Work in a licensed escort agency even if you don’t have a SWA exemption number. Only business operators are required to be licensed or hold an SWA exemption number. You don’t need need an SWA number to work in a licensed escort agency.
WHAT YOU CAN DO	WHAT YOU CAN’T DO	WHAT YOU MUST DO	PENALTY	LAW
In addition to escort agency work, you can work for licensed brothels or do private work (private work requires a SWA exemption number)				s 23 of SWA
		You must use a condom for full sex, blow jobs or any other activity with a similar risk of acquiring or transmitting STIs. You must take all other reasonable steps to minimise the risk of acquiring or transmitting an STI.	Up to a $3,304 fine (up to 20 penalty units)	s18A(1) of SWA s18A(2) of SWA
WHAT YOU CAN DO	WHAT YOU CAN’T DO	WHAT YOU MUST DO	PENALTY	LAW
	You can’t work if you know you have certain STIs, which includes HIV		Up to a $3,304 fine (Up to 20 penalty units)	s20(1) of SWA and r6 of SWR
Escort agencies must be licensed and display their licenses at the business and quote their license on their advertisements You can also ask to see the license or request the BLA to check the license for a fee.				s60 of SWA and r11 of SWR ss55(1) and 55(2) of SWA
WHAT YOU CAN DO	WHAT YOU CAN’T DO	WHAT YOU MUST DO	PENALTY	LAW
	You can’t see a client under 18 years of age. You may stil be liable even if you did not know they were under 18.		Up to 10 years’ jail	s5(1) and s5(3) of SWA
	Generally, you can’t see a client at your home (rented or owned) or at a hotel/motel booked in your name. Click here for more information on working from home.		Up to 5 years’ jail or Up to a $198,264 fine (up to 1200 penalty units)	ss 3, 22(1), 22(1A) and 77(1) of SWA, s126(1) of PEA

Key to Table and Further Notes

STI = sexually transmissible infection

BLA = Business Licensing Authority, a division of Consumer Affairs Victoria

SWA = Sex Work Act 1994 (Vic)

SWR = Sex Work Regulations 2016 (Vic)

PEA = Planning and Environment Act 1987 (Vic)

Fines updated annually on 1 July

Between 1 July 2019 and 30 June 2020 one penalty unit = $165.22

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In resource development we involve community to ensure that resources meet the needs identified by sex workers themselves, that the resources are accessible, and we work in partnership with legal professionals to ensure accuracy, which we believe is crucial for community safety.

Last updated: 29 October 2019