This submission explains why diverging from decriminalisation in South Australia is dangerous. Ongoing problems are created when legislators attempt to move away from decriminalisation. The introduction of new offences and penalties involves drafting new requirements, definitions and identifying who will regulate non compliance, which inevitably leads to unintended consequences, unforeseen exceptions, and legislation that is convoluted, unworkable, and completely misses the public health and human rights rationales behind decriminalisation. One of the central tenants of decriminalisation is the removal of police as regulators of the sex industry. As discussed in this document, this is due to a long history and evidence of police corruption, harassment and entrapment of sex workers throughout Australia. Such policing practices continue to hinder sex workers’ access to our rights, health and privacy. One catalyst to the decriminalisation of sex work in NSW was findings of the Wood Royal Commission into corruption within the NSW Police Force showing ‘a clear nexus between police corruption and the operation of brothels.’ Despite a plethora of evidence about the disastrous consequences of police as regulators of the sex industry, the current Bill continues to do so.
