Legislation Affecting The Sex Industry

Sex Work Legislation

Sex Work Act 1994 (Vic)

(all statutory sections relate to the sex industry)

Crimes Act 1958 (Vic)

(Only ss 60AB – AE relate to the sex industry)

Summary Offences Act 1966 (Vic)

(Only s 18 relates to the sex industry)

Public Health and Wellbeing Act 2008 (Vic)

(Only ss 158 – 165 relate to the sex industry)

Sex Work Regulation

Sex Work Regulations 2016 (Vic)

(All statutory sections relate to the sex industry)

Sex Work (Fees) Regulations 2014 (Vic)

(All statutory sections relate to the sex industry)

Public Health and Wellbeing Regulations 2019 (Vic)

(regulation 114 relates to sex work)

Human Trafficking Legislation

Criminal Code Act 1995 (Cth)

(Please note that while each state has its own set of laws relating to sex work, human trafficking laws are federal laws and therefore apply to all states. This Act contains all human trafficking related offences including sexual slavery, servitude, forced labour, deceptive recruiting, debt bondage, trafficking of adults and trafficking of children. See ss 270.1A – 271.7)

Privacy Legislation

Privacy and Data Protection Act 2014 (Vic)

(Under Schedule 1, ‘sexual preferences or practices’ are defined as ‘sensitive information’ under privacy law. Sexual practices are likely to include sex work status, or status as a client of sex workers.)

Anti-Discrimination Legislation

Equal Opportunity Act 2010 (Vic)

(only ss 6 and 62 relate to the sex industry)

Human Rights Legislation

The Charter of Human Rights and Responsibilities Act 2006 (Vic)

Legislation Relating to Financial Discrimination

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

(s 235 relates to money laundering used to justify financial discrimination)

Legislation Relating to Disability and Sex Work

National Disability Insurance Scheme Act 2013 (Cth)

(s35 give the Federal Government the power, in the future, to exclude sex work as type of support offered by the NDIS scheme)

Legislation Relating to Copyright for Online Sex Workers

Copyright Act 1968 (Cth)

(ss248G, 248P and 195ALB apply to copyright of content created online for OnlyFans or other similar platforms)

Local Government Planning Legislation

Planning and Environment Act 1987 (Vic)

(only s 126 relates to the location of brothels)

Sex Work Legislative Amendments

Sex Work and Other Acts Amendment Act 2011

Sex Work Amendment Regulations 2017 (Vic)

(Minor administrative changes to the regulations)

Consumer Legislation Amendment Act 2019 (Vic)

(ss 100-102 make minor administrative changes to the Sex Work Act)

Occupational Health and Safety Laws

Occupational Health and Safety Act 2004 (Vic)

(Applies to escort agencies and brothels)

Occupational Health and Safety Regulations 2017 (Vic)

(Applies to escort agencies and brothels)

(Introduces workplace manslaughter laws)

© Sex Work Law Reform Victoria 2020

Last updated: 11 December, 2020