Sex work industry to be decriminalised

Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence The Honourable Yvette D'Ath
  • New laws to provide greater protection for sex workers in Queensland
  • The proposed laws will provide a framework for a safe, decriminalised sex work industry

The Miles Government has introduced laws to decriminalise sex work, which will improve the health, safety and rights of workers.

The proposed legislation will help move the industry into regulatory environments which apply to other businesses operating in Queensland.

The Criminal Code and Other Legislation (Decriminalising Sex Work) Amendment Bill 2024 will:

  • Decriminalise the sex work industry in Queensland and repeal existing criminal offences relating to sex work
  • Create new offences for the protection of sex workers
  • Strengthens the protection of sex workers from unfair discrimination

The Bill will repeal offences that currently apply specifically to sex workers and allow workers to use safety strategies which are currently criminalised.

The Government previously commissioned an independent review into decriminalising the industry.

The Queensland Law Reform Commission (QLRC) reported back in March 2023 with 47 recommendations. The Bill largely implements the legislative amendments recommended by the QLRC Report.

The QLRC review included extensive evidence-based research and consultation with stakeholder groups and the public, while considering laws in other Australian jurisdictions, which have successfully decriminalised sex work, including the Northern Territory, Victoria and New South Wales, as well as New Zealand. Quotes attributable to Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D'Ath:

"Every Queenslander deserves to be safe at work, including our sex workers.

"Feedback from the industry has been that current laws criminalise safety strategies used by sex workers.

"The proposed reforms to decriminalise the sex work industry will put in place proper regulation, so the industry doesn't have to choose between working safely or legally.

"The legislation focuses strongly on the promotion of human rights and affording legal protections, aligning tightly with Queensland Law Reform Commission recommendations.

"There has been a significant amount of consultation with community and interest groups throughout the process."

Quotes attributed to State Coordinator Respect Inc, Lulu Holiday:

"Reforms like this bring about changes in community attitudes that break down the stigma and discrimination that sex workers face every day, including when accessing essential services.

"Evidence from New Zealand indicates no increase in the size of the sex industry post decriminalisation.

"Decriminalisation reduces barriers to reporting crime. The Women's Safety and Justice Taskforce recommended decriminalisation to improve access to justice for sex workers."

Quotes attributed to DecrimQLD spokesperson, Janelle Fawkes:

"We congratulate the Miles Government for this essential reform. We look forward to a well regulated industry where Workplace Health and Safety applies to every workplace and all sex workers have access to industrial rights.

"Most Queenslanders are unlikely to notice any change, but sex workers will no longer have to choose between working legally or safely.

"Decriminalisation is a low-cost, high compliance, evidence-based model, and this reform brings Queensland in line with best practice already implemented in other jurisdictions."

Quotes attributed to QCU General Secretary, Jacqueline King:

"When these laws get through the Parliament, sex workers will no longer be forced to work alone in the shadow of the law without safety strategies and protections.

"The changes will help protect sex workers from the threat of violence to their personal safety by removing the criminal nature of their work and ensuring access to the same work health and safety laws and workplace rights as all other Queensland workers."

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