Sex Work Laws
Laws that relate to sex work are different in each state/territory of Australia. Only New South Wales, Victoria, the Northern Territory and Queensland have decriminalised sex work. However, New South Wales and Victoria have gaps regarding street based sex work. Scarlet Alliance and our members continue to campaign for full decriminalisation across every state and territory in unceded Australia.
On this page you will find brief overviews of the sex work laws in each jurisdiction. Follow the links for more detailed information including different types of sex work, offences and penalty units.
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In Australian Capital Territory (ACT) sex work is licensed.
These laws are also known as ‘registration’.
What the law allows:
- Working in a registered brothel or escort agency.
- Working alone. The law describes this as working for a ‘sole operator brothel’ or sole operator escort agency’. Independent sex workers are not required to register.
What the law criminalises:
- Independent/private sex workers working together.
- Working for an unregistered sex work business
- All unregistered sex work businesses.
- Street-based sex work.
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In NSW sex work is mostly decriminalised.
Most sex work is treated like other work.
- Sex work is treated like other work.
- Sex work is mainly regulated through laws that apply to everyone, including public health law and work health and safety law.
There are some old laws, restrictions and discrimination that still impact sex workers in NSW.
- Sex workers must be 18 or older
- Clients of private sex workers must be 16 or older
- Clients must be 18 or over specifically to visit a sex services premises. This is a separate, higher threshold that applies only to workplaces , not to private work.
- There are laws restricting street-based sex work
- Council rules can restrict private sex work, brothels and other sex work businesses.
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In the NT sex work is decriminalised.
Sex work is treated like other work.
- Sex workers are treated like other workers.
- Sex workers and sex work businesses are subject to the same laws that ‘apply to all individuals and businesses generally, including laws governing employment, occupational health and safety, workers compensation and rehabilitation, planning, taxation and discrimination.’
- Sex workers and sex work is protected from discrimination.
Some restrictions still apply:
- Sex workers must be 18 or older.
- Clients must be 18 or older.
- All forms of sex work must comply with the Planning Act 1999.
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In Queensland, sex work is decriminalised.
Sex work is treated like other work.
- The laws that apply to everyone, including public health laws and work health and safety laws, apply to sex work as well.
- Sex workers in Queensland are protected by anti-discrimination law.
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In South Australia, sex work is mostly criminalised.
- Exchanging sexual services for money, rewards or favours is allowed, but almost everything else related to sex work is illegal
- This includes working from home, working in a brothel, street-based work, and escort services (outcalls)
- Police can enter a sex work premises at any time without a warrant.
These are the strictest anti-sex work laws in Australia. This defies evidence-based research, and fails to acknowledge the health, safety, and human rights risks posed by criminalisation.
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In Tasmania, sex work is partially criminalised.
What’s allowed:
- One sex worker working alone. Workers can offer both incalls (clients visit the worker) and outcalls (workers visit clients).
- Two sex workers working together, as long as neither person manages the other. Two workers working together can offer both incalls and outcalls.
What’s criminalised:
- Any sexual services business with more than two workers
- Any sexual services business that has a manager or boss (regardless of how many workers). It is also criminalised for an independent sex worker to employ staff, as their business then becomes a commercial sexual services business according to the law.
- Street-based work (approaching or waiting for clients in public places).
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In Victoria, sex work is mostly decriminalised.
Most sex work is treated like other work.
- Sex work is mainly regulated through laws that apply to everyone, e.g. public health law and work health and safety law.
There are still some restrictions:
- Sex workers must be 18 or older
- Clients of sex workers must be 18 or older
- Street-based sex work is permitted but heavily restricted. There are rules about where and when street-based workers can work. Criminal penalties apply for breaching these rules.
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In Western Australia, sex work is criminalised with exceptions.
What the law allows:
- Working alone and seeing clients without any third parties, security, receptionists or drivers involved in the booking logistics.
- Working as a sex worker in a brothel or for an escort agency
What the law criminalises:
- Sex work business; all brothels, escort agencies and massage parlours are illegal – but operate openly
- Having third parties (like security, receptionists, or drivers) involved in the booking logistics, or working in pairs or more (ie doubles)
- Street-based sex work is illegal, and heavily policed. Carrying safer sex equipment can also be used as evidence of a street-based sex work offence, although this is rare