Escort Agency Worker Laws
Please note Sex Work Law Reform Victoria does not provide legal advice. For more information about sex work laws, please see our legislation page. For legal advice contact St Kilda Legal Service.
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 a sexually transmissible infection (STI).
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
| MAXIMUM PENALTY
| LAW
|
Work for an escort agency even if you don’t have a SWA number | s 23 of SWA | |||
In addition to escort agency work, you can work for licensed brothels or do private work (private work requires a SWA number) | s 23 of SWA | |||
Use a condom for full sex including blowjobs | $3,304 fine | s18A(1) of SWA | ||
You can’t work if you know you have a STI | $3,304 fine | s20(1) of SWA, regs 6(a) – (h) of SWR | ||
WHAT YOU CAN DO | WHAT YOU CAN’T DO
| WHAT YOU MUST DO
| MAXIMUM PENALTY
| LAW
|
You can’t work if you know you are HIV positive | $3,304 fine | s20(1) of SWA, reg 6(h) of SWR | ||
Request the BLA to check whether your managers and owners are licensed | s55(2)(b) of SWA | |||
To check whether your managers and owners are licensed requires payment of an admin fee to the BLA | s55(2)(b) of SWA | |||
You can’t see a client under 18 years of age | 10 years’ jail | s5(1) of SWA | ||
WHAT YOU CAN DO | WHAT YOU CAN’T DO
| WHAT YOU MUST DO
| MAXIMUM PENALTY
| LAW
|
Incalls – you can’t see clients at your home (whether rented or owned) or hotel/motel booked in your name | 3 years’ jail or $198,264 fine | ss 21A and 77 of SWA, s126 of PEA |
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
Last updated: 25 August 2019
