References

(About Page)

(Who We Are)

  1. Global Network of Sex Work Projects, Membership Application and Consent Form, Requirement 1.6
    <http://www.nswp.org/sites/nswp.org/files/NSWP%20Membership%20and%20Consent%20Form%2C%20NSWP%20-%202016.pdf>

(About Page)

(Why are We Calling for the Decriminalisation of Sex Work?)

  1. s 4 (f), Sex Work Act 1994 (Vic)
    http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/DDE300B846EED9C7CA257616000A3571/998B3217B6D8FFEFCA257810001351B3/$FILE/94-102aa070%20authorised.pdf
  2. Donovan B, Harcourt C, Egger S, Watchirs Smith L, Schneider K, Kaldor JM, Chen MY, Fairley CK, Tabrizi S (2012) The Sex Industry in New South Wales: a Report to the NSW Ministry of Health, Kirby Institute, UNSW.
  3. See section 24(3) of The Sex Work Act 1994 (Vic)
  4. Scarlet Alliance, Principles of Model Sex Work Legislation (2014) Scarlet Alliance, page 6
    <http://www.scarletalliance.org.au/library/principles_2014>
  5. Donovan B, Harcourt C, O’Conner J, Egger S, Fairley C, Wand H, Chen M, Kaldor J, Marshall L,  The decriminalisation of Prostitution is Associated with Better Coverage of Health Promotion Programs for Sex Workers (2009) 34(5) Australian and New Zealand Journal of Public Health, 482
  6. Macreadie R, Prostitution Control and Other Matters Amendment Bill 2008 D-Brief 7 (2008) Parliamentary Research Library Service, page 9
    <https://www.researchgate.net/publication/238721191_THE_PROSTITUTION_CONTROL_AND_OTHER_MATTERS_AMENDMENT_BILL_2008>
  7. Callander D, et al, A cross-sectional study of HIV and STIs among male sex workers attending Australian sexual health clinics (2017) Sexually Transmitted Infections, 93:299–302.
  8. Rowe J, Shantusi Surveying HIV and Need in The Unregulated Sex Industry (2011) Inner South Community Health Service [Star Health], pp2-3
    <https://researchbank.rmit.edu.au/eserv/rmit:42343/n2006048840.pdf>
  9. Mclean A, An Evolving Trade: Male Sex Work and the Internet (2013), RMIT University, section 6.3
    <https://researchbank.rmit.edu.au/view/rmit:160406>

(The Laws)

(The Problems with Victoria’s Existing Laws)

  1. See section 4(c) of the Sex Work Act 1994 (Vic)
  2. See ss 8-9 of the Sex Work Act 1994 (Vic)
  3. Callander D, et al, A cross-sectional study of HIV and STIs among male sex workers attending Australian sexual health clinics (2017) Sexually Transmitted Infections, 93:299–302.Rowe J, Shantusi Surveying HIV and Need in The Unregulated Sex Industry (2011) Inner South Community Health Service [Star Health], pp2-3
    <https://researchbank.rmit.edu.au/eserv/rmit:42343/n2006048840.pdf>
  4. Australian Adult Entertainment Industry spokesperson, William Albon, estimates Victoria has at least 500 illegal brothels in 2018.
  5. Macreadie R, Prostitution Control and Other Matters Amendment Bill 2008D-Brief 7 (2008) Parliamentary Research Library Service, page 9
    <https://www.researchgate.net/publication/238721191_THE_PROSTITUTION_CONTROL_AND_OTHER_MATTERS_AMENDMENT_BILL_2008>
  6. – New South Wales 2015 Inquiry into the Regulation of Brothels
    – Australian Capital Territory 2012 Inquiry into the Prostitution Act 1992
    – Queensland’s 2004 Crime and Misconduct Commission Report, “Regulating Prostitution: An Evaluation of the Prostitution Act 1999”
    – Tasmania’s 2012 Department of Justice Sex Industry Review, “Regulation of the Sex Industry in Tasmania Discussion Paper”
    – The Northern Territory’s Attorney General 1999 Report, “National Competition Policy Report Concerning the Regulation of Escort Agents and Sex Workers”
  7. Marcia Neave’s 1985 Victorian Inquiry into Prostitution
  8. See ss 5 – 7, 11 and 59 of the Sex Work Act 1994 (Vic)
  9. See ss 20-23 of New Zealand’s Prostitution Reform Act 2003
  10. Sex Work Ministerial Advisory Committee, Improving the Regulation of the Sex Industry and Supporting Sex Workers Who Want to Move On, (2007) Consumer Affairs Victoria, Section 6.3.2<https://www.consumer.vic.gov.au/library/publications/resources-and-education/research/improving-the-regulation-of-the-sex-industry-and-supporting-sex-workers-who-want-to-move-on-2007.pdf>
    Harcourt C, van Beek I, Heslop J, McMahon M & Donovan B 2001.The health and welfare needs of female and transgender street sex workers in New South Wales. Health and Work 25(1): 84–89
  11. Seib C, Fischer J & Najman JM 2009. The health of female sex workers from three industry sectors in Queensland, Australia. Social Science and Medicine 68: 473–478
  12. Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017).Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 23, table 16
    <http://ceriph.curtin.edu.au/local/docs/reports/Law-and-Sex-worker-Health-Study-Summary-Report-Aug-2017(1).pdf>
  13. The Hon Justice JRT Wood, Royal Commission Into The New South Wales Police Service, Final Report, Volume 1: Corruption, (1997)  The Government of the State of New South Wales, Finding 1.40

(The Laws)

(What’s Wrong with the Nordic Model)

  1. London School of Hygiene and Tropical Medicine,  Criminalisation and repressive policing of sex work linked to increased risk of violence, HIV and sexually transmitted infections (11 December 2018) London School of Hygiene and Tropical Medicine

    <https://www.lshtm.ac.uk/newsevents/news/2018/criminalisation-and-repressive-policing-sex-work-linked-increased-risk>

     

  2. Global Network of Sex Work Projects, Challenging the Introduction of the Nordic Model (2018), NSWP
    <http://www.nswp.org/sites/nswp.org/files/sg_to_challenging_nordic_model_prf03.pdf>

The Laws

(The Benefits of Decriminalisation)

  1. Jan Jordan, The Sex Industry in New Zealand: A Literature Review, (New Zealand Ministry of Justice, 2005) ‘Existing Sex Work’ chapter, page 49
  2. New Zealand’s Prostitution Law Review Committee, Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003  (New Zealand Ministry of Justice, 2008) ‘Conclusion and Future Review’ chapter, page 168
  3. Select Committee on the Regulation of Brothels, Inquiry Into the Regulation of Brothels (New South Wales Parliamentary Library, 2015) Recommendation 9

(The Laws)

(How the Majority of Victorian Sex Workers Are Criminalised?)

  1. See s17(4) of the Sex Work Act 1994 (Vic)
  2. See s75(1) of the Sex Work Act 1994 (Vic)
  3. See s74(1)(d) of the Sex Work Act 1994 (Vic)
  4. See definition of brothel in s3 of the Sex Work Act 1994 (Vic)

(Regulatory Bodies)

(Regulatory Bodies)

  1. Sharon Pickering, JaneMaree Maher and Alison Gerard, Working in Victorian Brothels: An independent report commissioned by Consumer Affairs Victoria into the Victorian brothel sector, (2009) Consumer Affairs Victoria, Part 7.2.1

<https://www.consumer.vic.gov.au/resources-and-tools/research-studies>

(Regulatory Bodies)

(Regulatory Bodies)

  1. Sharon Pickering, JaneMaree Maher and Alison Gerard, Working in Victorian Brothels: An independent report commissioned by Consumer Affairs Victoria into the Victorian brothel sector, (2009) Consumer Affairs Victoria, Part 7.2.1

(Regulatory Bodies)

(Consumer Affairs Victoria)

  1. See section 1 of the Sex Work Act 1994 (Vic), purpose. 

(Regulatory Bodies)

(Department of Health and Human Services Victoria)

  1. Source: DHHS Victoria
  2. Source: letter received from DHHS dated 4 September 2019
  1. (Political Parties)
  1. Victorian Branch Australian Labor Party, Platform 2018, page 87, Platform 5.2.2
    <https://www.viclabor.com.au/wp-content/uploads/2018/07/Platform-2018-Web.pdf>
  2. Attorney General’s Street Prostitution Advisory Group, Final Report (2002)
    <http://www.scarletalliance.org.au/library/agspag02/view>
  3. Statement by Victorian Greens Party candidate Kathleen Maltzahn from 7 May 2018 about her position on sex work law
    https://greens.org.au/vic/about/statement-kathleen-maltzahn

(The Law: A Guide for Sex Workers)

(Incalls: Are They Legal?)

  1. Figure sourced from the Department of Justice and Community Safety and dated  30 June 2019.
  2. Figure sourced from the Department of Justice and Community Safety and dated  30 June 2019.
  3. Marcia Neaves, Final report / Inquiry into Prostitution, (1985) Melbourne Government Printer

<https://catalogue.nla.gov.au/Record/116311>

Recommendation 32 on page o reads in full:

‘We recommend that the definition of a brothel appearing in section 3(1) of the Town and Country Planning Act 1961 should be amended to provide that a brothel does not include a detached dwelling (excluding a flat or home unit) which a single prostitute resides in and uses for the purposes of prostitution.’

(Sex Workers)

(Escort Agency Workers)

  1. ss158-165 of Public Health and Wellbeing Act 2008 (Vic)

(Street-based Sex Workers)

  1. Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University, p34
  2. Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University

(Sex Workers)

(Enforcing Street Solicitation Laws)

  1. Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University, p12

(Sex Workers)

(Migrant Workers)

  1. Lauren Renshaw, Jules Kim, Janelle Fawkes & Elena Jeffreys, Migrant Sex Workers in Australia, (2015) Australian Institute of Criminology

<https://aic.gov.au/publications/rpp/rpp131>

(Sex Workers)

(Male Sex Workers)

  1. Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017). Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 16, Table 4

On 30 June 2018 20.6% of all 1008 registered private sex workers were male. Source: Department of Justice and Community Safety

  1. Prestage, G., McCann, P.D., Hurley, M., Bradley, J., Down, I. and Brown, G. 2010, Pleasure and Sexual Health: The PASH Study, Monograph, National Centre in HIV Epidemiology and Clinical Research, Sydney

Bennett, G. 1983, Young and Gay: A Study of Gay Youth in Sydney, Twenty10, Surry Hills.

3. Rissel C.E., Richters J., Grulich A.E.,de Visser R.O. and Smith A.M. 2003, ‘Sex in Australia; Experiences of Commercial Sex in a Representative Sample of Adults’, Australian and New Zealand Journal of Public Health, vol. 27, no.2, pp 191-197

(Sex Workers)

(Straight Male Sex Workers)

  1. Mclean A, An Evolving Trade: Male Sex Work and the Internet (2013), RMIT University, section 3.4
    <https://researchbank.rmit.edu.au/view/rmit:160406>

(Sex Industry)

(Clients)

  1. Dr Ben Durant, Survival Stripped Bare: An Ethnography of Street Sex Workers in Dandenong, (2015) Australian Catholic University, p49
  2. Basil Donovan et al, The Sex Industry in New South Wales: A Report to the NSW Ministry of Health (The Kirby Institute 2012) Page 7, page 22

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

  1. Richters Juliet, de Visser Richard O., Badcock Paul B., Smith Anthony M. A., Rissel Chris, Simpson Judy M., Grulich Andrew E. (2014) Masturbation, paying for sex, and other sexual activities: the Second Australian Study of Health and Relationships. Sexual Health 11, 461-471
  2. Rissel CE, Richters J, Grulich AE, de Visser, RO & Smith AMA 2003. Sex in Australia: Experiences of commercial sex in a representative sample of adults. Australian and New Zealand Journal of Public Health 27(2): 191–197
  3. New Zealand’s Prostitution Law Review Committee, Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003  (New Zealand Ministry of Justice, 2008) ‘Conclusion and Future Review’ chapter, page 165
  4. Drugs and Crime Prevention Committee, Inquiry into People Trafficking for Sex Work (2010) Parliament of Victoria

Parliament of the Commonwealth of Australia, Inquiry into the Trafficking of Women for Sexual Servitude (2004) Parliament House

Parliamentary Joint Committee On Law Enforcement, An inquiry into human trafficking, slavery and slavery-like practices (2017) Commonwealth of Australia

Sex Work Ministerial Advisory Committee, Improving the Regulation of the Sex Industry and Supporting Sex Workers Who Want to Move On, (2007) Consumer Affairs Victoria

Victorian Attorney General’s Street Prostitution Advisory Group, Final Report (2002)

Marcia Neave’s 1985 Victorian Inquiry into Prostitution

Select Committee on the Regulation of Brothels, Inquiry Into the Regulation of Brothels (New South Wales Parliamentary Library, 2015)

Standing Committee on Justice and Community Safety, Inquiry into the Prostitution Act 1992 (2012) ACT Government

South Australian Select Committee, Report of the Select Committee on the Statues Amendment (Decriminalisation of SEx Work) Bill 2015 (2017) Parliament of South Australia

(Sex Industry)

(Human Trafficking in Victoria’s Sex Industry)

1. Parliament of the Commonwealth of Australia, Inquiry into the Trafficking of Women for Sexual Servitude (2004) Parliament House, Finding 2.67

2. s3 of the Crimes Act 1958 (Vic)

3. Drugs and Crime Prevention Committee, Inquiry into People Trafficking for Sex Work (2010) Parliament of Victoria

Recent Trends, page 21

4. Drugs and Crime Prevention Committee, Inquiry into People Trafficking for Sex Work (2010) Parliament of Victoria

Domestic Data – The Extent of the Problem in Australia, Official Sources, page 27

5. Parliament of the Commonwealth of Australia, Inquiry into the Trafficking of Women for Sexual Servitude (2004) Parliament House

Recommendation 1

6. Drugs and Crime Prevention Committee, Inquiry into People Trafficking for Sex Work (2010) Parliament of Victoria

Liaison and cooperation between the states and the Commonwealth, page 150

7. Andreas Schloendhardt and Jarrod Jolly, Trafficking in Persons in Australia: Myths and Realities (Butterworths, 1st ed, 2013) section 2.19

8. Andreas Schloendhardt and Jarrod Jolly, Trafficking in Persons in Australia: Myths and Realities (Butterworths, 1st ed, 2013) section 2.19

9. Andreas Schloendhardt and Jarrod Jolly, Trafficking in Persons in Australia: Myths and Realities (Butterworths, 1st ed, 2013) section 2.22

(Sex Industry Myths Busted)

(Top 5 Myths About Sex Work in Australia)

  1. Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017). Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 16, table 4

<http://ceriph.curtin.edu.au/local/docs/reports/Law-and-Sex-worker-Health-Study-Summary-Report-Aug-2017(1).pdf>

2. Victorian Department of Justice and Community Safety data from 30 June 2018 revealed 21.3% of all registered private sex workers in Victoria were male or intersex.

3. Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017). Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 29 ‘Motivation to engage in the industry’

<http://ceriph.curtin.edu.au/local/docs/reports/Law-and-Sex-worker-Health-Study-Summary-Report-Aug-2017(1).pdf>

4. Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017). Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 23 ‘Drug and alcohol use’

<http://ceriph.curtin.edu.au/local/docs/reports/Law-and-Sex-worker-Health-Study-Summary-Report-Aug-2017(1).pdf>

5. Vanwesenbeeck, I. (2001). Another decade of social scientific work on sex work: A review of research 1990-2000. Annual Review of Sex Research, 12, 260.

6. Australian Federal Police data reveals the extent of human trafficking in Victoria’s sex industry over a twelve year period (2005 – 2016). During this period there were 21 human trafficking related offences recorded in the sex industry resulting in two convictions.

7. Crimes of coercion in the sex industry are covered by sections 8 – 9 of the Sex Work Act 1994 (Vic): ‘Forcing person into or to remain in sex work’ as well as in sections 60AD – 60AE of the Crimes Act 1958 (Vic): ‘Deceptive recruiting for commercial sexual services’. Between 2005 and 2016 Victoria Police recorded 22 offences relating to these crimes.

  1.   Scarlet Alliance, Principles of Model Sex Work Legislation (2014) Scarlet

Alliance, page 20

<http://www.scarletalliance.org.au/library/principles_2014>

Basil Donovan et al, The Sex Industry in New South Wales

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Page 8, Recommendation 6

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (2017). Western Australian Law and Sex Worker Health (LASH) Study. A Summary Report to the Western Australian Department of Health. Perth: School of Public Health, Curtin University, page 18, Table 6

<http://ceriph.curtin.edu.au/local/docs/reports/Law-and-Sex-worker-Health-Study-Summary-Report-Aug-2017(1).pdf>

Sex Industry Decriminalisation Action Committee (SIDAC), Sex Work – a local issue? (2019) Sex Industry Decriminalisation Action Committee

<http://sexworklawreformsa.com/wp-content/uploads/2019/05/4-Sex-work-a-local-issue-AF-10may19-editpdf.pdf>

In this information sheet, SIDAC estimates South Australia’s street-based sex workers represent 20 out of a total of 2000 sex workers. This equates to 1%.

We include the above three references which relate to the proportion of street-based sex workers compared to the industry overall. While the studies refer to jurisdictions other than Victoria, they all find that street-based sex work is the smallest sector of the industry. We estimate that in 2019 the number of street-based sex workers represents around 1% of all sex workers in Victoria.

(Sex Industry Myths Busted)

(Top Myths about Victoria’s Licensing Model)

  1. Basil Donovan et al, The Sex Industry in New South Wales

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Page 10, Table 1

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

  1. Basil Donovan et al, The Sex Industry in New South Wales

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Page 7, Recommendation 2

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

  1.  Basil Donovan et al, The Sex Industry in New South Wales

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Page , Legal Responses to Sex Work

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

(Sex Industry Myths Busted)

(Top 5 Myths About Decriminalisation)

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Determination 1 on page vi

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

  1. New Zealand’s Prostitution Law Review Committee, Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003  (New Zealand Ministry of Justice, 2008) 2.7 Committees Conclusion

<http://prostitutescollective.net/wp-content/uploads/2016/10/report-of-the-nz-prostitution-law-committee-2008.pdf>

  1. New Zealand’s Prostitution Law Review Committee, Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003  (New Zealand Ministry of Justice, 2008) Page 167, Section 13 ‘Trafficking

<http://prostitutescollective.net/wp-content/uploads/2016/10/report-of-the-nz-prostitution-law-committee-2008.pdf>

  1. NT Department of the Attorney-General and Justice, Reforming Regulation of the Sex Industry in the Northern Territory Discussion Paper (Licensing Northern Territory 2019) Page 2, section 2.1 ‘Decriminalisation

<https://haveyoursay.nt.gov.au/44180/documents/100576>

  1.  NT Department of the Attorney-General and Justice, Reforming Regulation of the Sex Industry in the Northern Territory Discussion Paper (Licensing Northern Territory 2019) Page 6, section 5 ‘Australian Sex Industry Laws – How Each Australian Jurisdiction Regulates the Sex Industry

<https://haveyoursay.nt.gov.au/44180/documents/100576>

(Sex Industry Myths Busted)

(Top 5 Benefits Of Decriminalisation)

  1. Fraser Crichton, Decriminalising sex work in New Zealand: its history and impact (2015) Open Democracy

<https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/decriminalising-sex-work-in-new-zealand-its-history-and-impact/>

2. The Lancet, ‘Keeping Sex Workers Safe’ (2015) Vol 386 The Lancet Series on HIV and Sex Workers 504

3. Department of Health, Eighth National HIV Strategy 2018 – 2022 (Australian Government Department of Health 2018) page 22

<http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-bbvs-1/$File/HIV-Eight-Nat-Strategy-2018-22.pdf>

  1. Donovan B, Harcourt C, O’Conner J, Egger S, Fairley C, Wand H, Chen M, Kaldor

J, Marshall L,  The decriminalisation of Prostitution is Associated with Better Coverage of Health Promotion Programs for Sex Workers (2009) 34(5) Australian and New Zealand Journal of Public Health, 482

<https://www.ncbi.nlm.nih.gov/pubmed/21040176>

  1. The Hon Justice JRT Wood, Royal Commission Into The New South Wales

Police Service, Final Report, Volume 1: Corruption, (1997)  The Government of the State of New South Wales, Finding 1.40

<https://www.australianpolice.com.au/wp-content/uploads/2017/05/RCPS-Report-Volume-1.pdf>

  1. Basil Donovan et al, The Sex Industry in New South Wales

A Report to the NSW Ministry of Health (The Kirby Institute 2012) Recommendation 2, Table 1 and Conclusions.

<https://www.nswp.org/resource/the-sex-industry-new-south-wales-report-the-nsw-ministry-health>

(Glossary)

  1. From ‘sex trade’. See use of the term ‘sex trade’ on Decrim New York’s website

https://www.decrimny.org

Disclaimer

Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual Legislation.

Last updated: 9 September 2019

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