Australian Capital Territory Laws

ACT’s peer-only sex worker program is the Sex Worker Outreach Program (SWOP) ACT. Sex workers can contact SWOP ACT or visit their office in Turner to access support, referrals, advocacy, peer education, low-cost safer sex supplies, sexual health testing and other community development events and services.

Until the early 1990s, sex work was criminalised in the ACT, but these laws were rarely enforced as long as sex workers and sex work businesses did not come to the attention of the police. Largely as a response to activism by sex workers during the HIV/AIDS pandemic, the ACT government passed the Prostitution Act 1992, which legalised some forms of sex work and introduced a basic licensing system. 

In 2018, this legislation underwent several amendments and is now known as the Sex Work Act 1992, which regulates the ACT’s sex industry today. This legislative framework makes some forms of sex work legal, but mandates condom use and criminalises street-based sex work and cooperative working arrangements (several independent workers working together with no management). For further information on sex work laws, you can also check out SWOP ACT’s document Sex Work in the ACT.

• Sex Work Act 1992
• Public Health Regulation 2000 (reg 21)
• Work Health and Safety (Sexual Services Industry) Code of Practice 2011

In the ACT, “sex work” is defined as “the provision of commercial sexual services by an adult” and can include penetrative sex, oral sex, the masturbation of one person by another, or “any activity that involves the use of one person by another for his or her sexual gratification” (Sex Work Act 1992).

ACT law states that sex workers and our clients must use condoms or other safer sex PPE (maximum penalty 50 penalty units – Sex Work Act 1992). 

Anyone in the ACT who knows or suspects that they have a transmissible notifiable condition, or thinks that they have been in contact with someone who does, must take reasonable precautions to prevent transmitting it to other people (maximum penalty 10 penalty units – Public Health Regulation 2000). Most common sexually transmitted infections (STI) and blood-borne viruses (BBV) are considered notifiable conditions in the ACT. This means that if you contract this type of infection, it is reported to the health department through a confidential notification process. 

It is illegal for a sex worker to tell a client that they have tested negative for STI or BBV in order to make a client believe they don’t have one. This applies whether or not the worker has been tested or received medical care and whether or not the worker has or does not have an STI/BBV. (maximum penalty 20 penalty units – Sex Work Act 1992).

Owners/operators of sex work establishments also have responsibilities relating to safer sex practices – see Legal information – sex work workplaces below.

The Scarlet Alliance Red Book Online provides a wide range of sexual health information for sex workers by sex workers and includes information on testing, safer sex, harm reduction, and workplace health and safety. 

In the ACT, “stealthing” (a situation where a client may attempt to sneakily remove or not use a condom without a sex worker’s knowledge or consent) is a crime. There are 2 laws that apply:

It is illegal for any person providing or receiving a commercial sexual service (i.e. a sex worker or client) to “misuse, damage or interfere” with a condom or other safer sex product, or to continue to use a condom or other safer sex device that the person knows is damaged (maximum penalty 50 penalty units – Sex Work Act 1992). 

It is also illegal for any person (including a sex worker or client) to engage in sexual intercourse without consent or an act of indecency without consent (maximum penalty – up to 14 years imprisonment – Crimes Act 1900). The law states that a person does not consent to sexual activity if the consent was given because of an “intentional misrepresentation by another person about the use of a condom” (Crimes Act 1900).

If you have experienced stealthing, you can contact SWOP ACT for advice and support.

It is illegal to:

• intimidate, assault or threaten to assault a person to force them to do sex work (maximum penalty 6 years imprisonment – Sex Work Act 1992)
• supply, or offer to supply prohibited or restricted drugs in exchange for sex work (maximum penalty 6 years imprisonment – Sex Work Act 1992)
• intimidate, assault or threaten to assault a person to force them to hand over their earnings from sex work (maximum penalty 6 years imprisonment – Sex Work Act 1992)
• supply, or offer to supply prohibited or restricted drugs in order to force a person to hand over their earnings from sex work(maximum penalty 6 years imprisonment – Sex Work Act 1992)

Advertising sex work services can also be impacted by federal advertising and internet laws, as well as the requirements of private advertising service providers.

Businesses that provide incall services (including erotic massage establishments) where more than one worker works are considered to be “commercial brothels” in the ACT.

Commercial brothels must be registered with Access Canberra and be in an approved location (maximum penalty 100 penalty units and 1-year imprisonment – Sex Work Act 1992). This means that brothels in the ACT can only legally operate in Fyshwick or Mitchell. 

Sex workers working in brothels are not required to show proof of sexual health testing by law. However, some brothels may require a certificate of attendance (in your working name) at a sexual health test to work at the establishment as part of their workplace procedures.

Owners/operators of commercial brothels must provide ‘prophylactics in sufficient quantity‘ to workers free of charge and must take reasonable steps to encourage their use (maximum penalty 40 penalty units – Sex Work Act 1992). This includes enough of the safer sex supplies you need, including different types and sizes of condoms, water-based lubricants, dental dams, sponges and latex gloves, free of charge.

It is illegal for owners/operators of commercial brothels to tell clients that a sex worker has received sexual health testing and therefore does not have an STI/BBV (maximum penalty 20 penalty units – Sex Work Act 1992).

It is illegal for children to be on the premises of commercial brothels (maximum penalty 20 penalty units – Sex Work Act 1992).

Police have the power to enter a commercial brothel only if they reasonably believe that there are children working or at the premises and that entering is necessary to stop or prevent this from happening. (Sex Work Act 1992). To gain access under all other circumstances, for example, if they believe that a crime has been committed on the commercial brothel premises, police require a search warrant to enter.

Businesses with more than one worker that provide outcall services are defined as “commercial escort agencies” in the ACT.

Commercial escort agencies must be registered with Access Canberra (maximum penalty 100 penalty units and 1-year imprisonment – Sex Work Act 1992).

Sex workers working for commercial escort agencies are not required to show proof of sexual health testing by law. However, some escort agencies may require a certificate of attendance (in your working name) at a sexual health test to work at the establishment as part of their workplace procedures.

Owners/operators of commercial escort agencies must provide ‘prophylactics in sufficient quantity‘ to workers free of charge and must take reasonable steps to encourage their use (maximum penalty 40 penalty units – Sex Work Act 1992). This includes enough of the safer sex supplies you need, including different types and sizes of condoms, water-based lubricants, dental dams, sponges and latex gloves, free of charge.

It is illegal for owners/operators of commercial escort agencies to tell clients that a sex worker has received sexual health testing and therefore does not have an STI/BBV (maximum penalty 20 penalty units – Sex Work Act 1992).

It is illegal for children to be on the premises of commercial escort agencies (maximum penalty 20 penalty units – Sex Work Act 1992).

Police have the power to enter a commercial escort agency only if they reasonably believe that there are children working there and that entering is necessary to stop or prevent this from happening. (Sex Work Act 1992).  To gain access under all other circumstances, for example, if they believe that a crime has been committed on the escort agency premises, police require a search warrant to enter.

It is illegal to own or operate a non-compliant (unregistered) brothel or escort agency (Sex Work Act 1992). In recent history, workers for unregistered sex work businesses have not been penalised for working in these businesses but may still face scrutiny from the police. Enforcement trends have been focussed on establishment work (brothels, parlours, etc), but this could change.

Independent (private) sex work is legal in the ACT. Independent workers are considered to be “sole operator brothels,” “sole operator escort agencies”, or both (Sex Work Act 1992).

There are no legal requirements for mandatory testing or registration of your sex work status as long as you do not share a work location with another sex worker. If you work from the same location as another sex worker (whether for incalls, outcalls or both), you are considered to be a “commercial brothel” and/or “commercial escort agency” and are required to register (see Establishments above). Working from neighbouring hotel rooms, apartments etc. is legal. Current enforcement trends have focussed on larger businesses (e.g. brothels or parlours), but this could change.

Some local government areas or building management bodies may place restrictions on independent sex work. For further information, contact SWOP ACT.

It is illegal to “accost any person, or solicit or loiter, in a public place” for sex work purposes. This applies to both workers and clients (maximum penalty 20 penalty units – Sex Work Act 1992).

For the purposes of this legislation:

• Public place is defined broadly and includes streets, parks, or any other place that is open to the public (even if an entry fee is required).

• Accosting means approaching someone.

• Soliciting means verbally offering or asking for sexual services, either on your own or on behalf of someone else.
• Loitering means standing, waiting or walking slowly without an obvious purpose.

If you have been charged or received a fine or notice while doing street-based sex work in the ACT or want information about conducting street-based work safely, contact SWOP ACT.