New South Wales Sex Work Laws

New South Wales’ peer-only sex worker organisation is the Sex Workers Outreach Project (SWOP) NSW. SWOP NSW is based on Gadigal land in Sydney, and provides peer education & support, counselling, referrals, safer sex supplies, injecting equipment and other services. You can visit SWOP NSW’s office, or catch up with peer workers at outreach in Sydney and across rural and regional NSW.

The first stages of decriminalisation in NSW began in the late 1970s. Over the next 40+ years, most sex work has become decriminalised, however NSW does not have full decriminalisation.

Sex work in NSW is mostly regulated through:

• planning laws and regulations (administered by local councils)
• workplace health and safety law
• public health law.

Here’s a summary of what decriminalisation looks like in NSW:

• It is legal for a person over 18 to provide sexual services to a person over the age of consent (16). A person must be over 18 to enter a ‘sex services premises’. 
• Sex workers are subject to the same public health laws and work health and safety laws as all people in NSW. 

There are still laws and restrictions that sex workers need to be aware of: 

• Street based sex work is restricted to certain areas
• Sex work establishments (sex services premises and escort agencies) are subject to workplace health and safety law, public health law, and local council regulations. There are a small number of criminal laws relating to sex work establishments, but these are rarely enforced.     
• There are laws restricting sex work advertising, but these are rarely enforced.

Local councils can create planning laws that:

• prohibit sex services businesses or restrict them to certain areas
• create restrictive approval conditions making it difficult for sex services businesses to comply with planning requirements
• prohibit independent (private) sex workers from operating, or restrict them to certain areas.

Sex services businesses and independent (private) sex workers may also face restrictions and discrimination from landlords and building management organisations. For more information, see ‘Anti-Discrimination’.

Local council (planning) laws impact many sex workers, and generate ongoing stigma. This undermines the intention of decriminalisation. For further information about doing sex work in your area, contact SWOP NSW.

In NSW, sex work or “prostitution” is defined as activities between “persons of different sexes or of the same sex and includes: sexual intercourse [including oral sex]…and masturbation committed by one person on another” (Summary Offences Act 1988).

Although sex work is mostly decriminalised in NSW, there remain some criminal offences relating to sex work in the Summary Offences Act 1988. These include:

While these offences are rarely enforced, they:

• Disproportionately impact marginalised sex workers
• Do not assist sex workers or sex work regulation. 

Sex workers and clients have the same sexual health rights and responsibilities as all adults in NSW. This means that NSW sex workers can choose when they receive sexual health testing, and what PPE they use at work. 

All adults in NSW (including sex workers and clients) who have a notifiable disease or scheduled medical condition that can be sexually transmitted must take reasonable precautions to prevent transmitting it to others. (Maximum penalty for breach: 100 penalty unit ($11,000) fine and 6 months imprisonment – Public Health Act 2010).

This means that sex workers living with a sexually transmissible infection (STI) or blood borne virus (BBV) can do sex work if they take reasonable precautions to prevent transmission. 

NSW Health considers reasonable precautions to be: 

• taking a prescribed antibiotic course for bacterial sexually transmitted infections (STIs), or
• using a condom to prevent transmission of STIs / blood borne viruses (BBVs), or
• For human immunodeficiency virus (HIV), having a viral load of less than 200 copies/mL (usually resulting from effective treatment), or
• For HIV, receiving confirmation from a sexual partner that they are taking HIV pre-exposure prophylaxis (PrEP), or
• For hepatitis B, receiving confirmation from a sexual partner than they are immune to hepatitis B (e.g. vaccinated or previously infected).

Owner/operators of sex work businesses must not knowingly allow a person with an STI (whether worker or client) to engage in a service without taking reasonable precautions. (Maximum penalty for breach: 100 penalty unit ($11,000) fine and 6 months imprisonment – Public Health Act 2010). 

Sex workers are not required to disclose STI status to sex services premises owners or managers. However, some sex sex services premises may request workers provide a Certificate of Attendance for STI/BBV screening in order to work for the business. A Certificate of Attendance should only contain your working name, date of appointment and name of test clinic/medical professional.   

Check out Red Book Online for information on STI/BBV, testing, safer sex, and harm reduction.

There are criminal laws that protect sex workers in New South Wales. 

The Crimes Act 1900 states that:

a person who consents to a particular sexual activity is not, by reason only of that fact, to be taken to consent to any other sexual activity. Example–: A person who consents to a sexual activity using a condom is not, by reason only of that fact, to be taken to consent to a sexual activity without using a condom.

This law protects sex workers if a client sneakily removes, tampers with, or doesn’t use a condom (often referred to as ‘stealthing’).

In 2024, police charged a Sydney man with sexual intercourse without consent, carrying out a sexual act without consent, sexual touching without consent and fraudulent inducement. The man allegedly obtained services from 10 sex workers and paid them with bad cheques. The case is believed to be the first prosecution related to non-payment of sex workers in NSW. Scarlet Alliance and SWOP NSW are following the case. We will provide updated information when available.

NSW law prohibits advertising for sex work and advertising job vacancies for sex workers. These offences have not been enforced in recent years. 

The existence of these laws means that some advertising providers (particularly newspapers and print media) may:

• place restrictions on the wording or format of sex work advertising,
• charge higher rates for sex industry advertising, 
• refuse to publish sex work advertising altogether.

If you have contact with police or a local council in relation to sex work advertising, contact SWOP NSW for support and advocacy. 

General advertising laws (including Australian Consumer Law, obscenity laws, and local government rules around signage) also apply to sex workers and sex work businesses. Contact SWOP NSW for further information.

NSW sex workers have reported experiencing discrimination in relation to housing, education, banking and financial services, and employment. 

However, threatening to ‘out’ a person as a current or former sex worker is a criminal offence in NSW (Crimes (Domestic and Personal Violence) Act 2007). 

If you have experience discrimination in relation to your sex work, or someone has threatened to ‘out’ you, contact SWOP NSW.

It is legal to own, manage and do sex work in a ‘sex services premises’ in NSW. 

A sex services premises can be any of the following:

• a place where sex work habitually occurs
• a place that has been used for sex work, and is likely to be used for sex work in the future
• a place that has been represented or advertised as being used for sex work, and is likely to be used for sex work (Restricted Premises Act 1943).

This is a broad definition, and applies to many kinds of places where sex work may occur. Depending on local council rules, it may include individual sex workers working from their homes (see Independent (private) sex work below).

Sex services premises are subject to the following restrictions:

• Sex services premises cannot be licensed to sell alcohol, and sex work cannot take place in licensed premises. Complimentary alcohol may be served. (Liquor Act 1982)
• Sex services premises must comply with workplace health and safety legislation 
• Sex services premises must be permitted under the relevant Local Environmental Plan (LEP) for their area. 

There are also a criminal offences prohibiting:

• owning or operating a sex work business that advertises itself as being a different kind of business (e.g. a sauna or gym)
• doing sex work in this kind of business.

However, these offences were written during an era where sex work occurred in ‘front businesses’. There is no record of these being enforced in recent years.

If you have any contact with police or a local council in relation to your work premises, contact SWOP NSW for support and advocacy.      

Sex services premises and local councils

One of the main ways sex work is restricted in NSW is through laws made by local councils. Local councils make a type of law called a local environmental plan (LEP), which controls what different buildings or blocks of land can be used for. If a person wants to use a building or land for a specific purpose, or to change that purpose, they must apply to their local council for ‘development application’ (DA) approval.

• Some LEPs have straightforward requirements for sex services premises similar to the requirements for other businesses (e.g. a shop or cafe).
• Other LEPs restrict sex services premises to industrial areas or impose requirements on sex industry business owners that are difficult to comply with. As a result, it is difficult to estimate how many businesses comply with LEPs.

If a local council becomes aware that a sex services premises is operating outside of the LEP rules, they may investigate whether the premises is being used for sex work and order the business to close. This may involve:

• Notifying the tenant/business owner that council officers will search the premises 
• Council workers and/or police searching the premises with a search warrant.

Local council investigations are not criminal investigations, even if police officers attend with council workers. 

The practice of local councils hiring private investigators to pretend to be clients to investigate non-compliant businesses is now unlawful under NSW consent laws. If you believe a private investigator has received services while posing as a client, contact SWOP NSW for information and support.

If a council believes that a sex services premises is operating outside the rules, they can:

• Apply to the Land and Environment Court of NSW for a ‘brothel closure order’ or ‘stop use order’ under the Environmental Planning and Assessment Act 1979. These orders can be made without complaints from neighbours.
• Apply to the Land and Environment Court of NSW for an order under the Restricted Premises Act 1943. This type of order can be made whether or not the business is compliant with the LEP, but the council must have received complaints from neighbours. If the premises has 2 or more workers, only 1 complaint is required.

Either of these processes allow the council to shut down a business, and the business owner may face a fine. However, there is no penalty for being a worker in a non-compliant business, provided you are not the owner or operator.

Independent (private) sex workers may also be subject to investigations and fines for operating outside of LEP rules. For more information, see Independent (private) sex work below.

Use of private investigators and resident complaints 

Historically, a  number of local councils across NSW regularly hired private investigators to pose as clients to ‘uncover’ if sex work is occurring outside of LEP rules. These practices are now illegal due to changes to NSW’s sexual consent laws. 

If you know or suspect that a client, neighbour or other person has reported you or your workplace to a local council, contact SWOP NSW.

Local councils may also act on complaints from neighbours and obtain a court order to close a brothel, even if the business is permitted by an LEP. (See Restricted Premises Act 1943).

Erotic massage premises are classified as ‘brothels’ or ‘sex services premises’ if bodyslides, hand relief or oral sex occur on the premises. It does not matter whether all workers at an establishment provide these services. For further information, see the information on sex services premises above.

It is legal to own, manage and do sex work for an escort agency in NSW. An escort agency is a business that arranges contact between sex workers and clients. Services are provided at premises arranged by the client.

Escort agencies must comply with local council and planning regulations in the same way as other businesses.

BDSM venues are considered to be ‘brothels’ in NSW, even if not all workers provide ‘mainstream’ sexual services (e.g. full service). 

If any workers at the business offer services involving skin penetration (deliberate penetration or removal of the skin – e.g. piercing, suturing, etc), the business requires a further element of registration with local council. This applies to both BDSM establishments and independent BDSM operators (see Independent (private) sex work below).

Each council has a different registration process for skin penetration businesses. You can find the relevant registration form by searching ‘skin penetration premises notification and (local council)’. Registration often comes with an application and inspection fee. You must also follow specific procedures to prevent transmission of any infections or diseases. For further information on this see the NSW Health Guidelines on the skin penetration industry and/or contact SWOP NSW.

Any incall arrangement (even if the premises is your own home or privately rented premises) is considered to be a brothel under NSW law, and subject to the relevant LEP for the area (see Establishments – brothels above). 

What this means in practice depends on where you live and your local council:

• Some councils permit home-based sex work businesses without having to lodge a development application (DA),
• Some council permit home-based sex work businesses but require a DA,
• Some councils exclude sex work from being a ‘home-based businesses’ and prohibit sex work in residential areas altogether.

This information can be obtained from your LEP or enquiring with your local council. Workers should be aware that enquiries to local councils are not confidential. Once a development application is lodged, it becomes public information. If you need information but are concerned about your privacy, SWOP NSW can assist you.

Many independent sex workers operate incalls with no issues, but it is useful to understand your local council’s rules and practices. SWOP NSW can provide information and support. 

If your local council believes an independent (private) sex worker is operating outside of the rules, they can:

• Notify the occupier that council officers will search the premises 
• Apply for a search warrant to allow council workers and/or police to search the premises. 

If you know or suspect that a client, neighbour or other person has reported you or your incall premises to a local council, contact SWOP NSW.

If you are investigated, don’t panic. Remember that:

• A landlord, property manager, building manager (body corporate or strata) or council worker may order you to stop doing sex work from the location. If you choose not to comply, you may face eviction proceedings or in rare circumstances be taken to the Land and Environment Court. However, doing non-compliant incall sex work in NSW should not result in a criminal charge.
• Single-worker ‘brothels’ can be closed for non-compliance with LEPs. However, they must receive a ‘stop use order’, not a ‘brothel closure order’ which is typically a slower and less-used process. (See Environmental Planning and Assessment Act 1979). 

• Single-worker ‘brothels’ can be closed by court order if a local council receives complaints from neighbours, even if the premises is permitted under the LEP.  A number of complaints must be received before this type of order is granted. (See Restricted Premises Act 1943).

Even if a council worker brings a police officer to attend your premises, these investigations are about operating within local council rules. They are not criminal investigations. It is possible that you may face a fine or eviction, but you cannot be arrested or charged. 

If you’re concerned about your local government requirements, local council, building manager or landlord, contact SWOP NSW.

Street based sex work is legal in NSW in specific areas. 

Where is it legal to meet clients?

There are several ‘soliciting’ offences in New South Wales. This means that it is illegal to:

It is also illegal for clients to approach sex workers to seek sexual services in the above circumstances (Summary Offences Act 1988).

Where is it legal to provide services?

‘Public acts of prostitution’ are criminalised in New South Wales. 

It is illegal for both sex workers and clients to:

• Conduct a booking in, or within view from, a school, church, hospital or public place, or within view from a dwelling. (Maximum penalty 10 penalty unit fine ($1,100) or 6 months imprisonment – Summary Offences Act 1988).
• Conduct a booking in a vehicle in, or within view from, a school, church, hospital or public place, or within view from a dwelling, even if you can’t be seen from outside the vehicle. (Maximum penalty 10 penalty unit fine ($1,100) or 6 months imprisonment – Summary Offences Act 1988).

A ‘public act of prostitution’ includes sexual intercourse (penetrative sex), oral sex, use of toys, body slides and hand relief.

For further information about street based sex work, or if you have been charged with an offence, contact SWOP NSW.

• Summary Offences Act 1988

• Crimes Act 1900 

• Public Health Act 2010

• Restricted Premises Act 1943

• Environmental Planning and Assessment Act 1979

• Local Environmental Planning (LEP) Instruments (council-specific).