SEX WORK LAWS IN AUSTRALIA
Northern Territory Sex Work Laws
Updated July 2024
How to use this resource
This resource contains information for sex workers on sex work laws in the Northern Territory. This page and associated links are intended for informative purposes only, and should not be viewed as a definitive guide to the law.
Sex work laws are different in each state and territory. This means that sex work activities that are legal in one state may not be legal in another. Sex work laws can be confusing and difficult to follow, and can compromise our safety.
If you need for information on:
- sex work discrimination
- the Northern Territory Department of Planning
- Work Health and Safety Guidelines
- sex work laws in the NT,
contact SWOP NT for peer advocacy, advice and support.
Northern Territory sex worker peer organisation
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The Territory’s peer-only sex worker program is SWOP NT. All staff and volunteers of SWOP NT are sex workers. SWOP NT is a member of the Scarlet Alliance Australian Sex Workers Association, and is a peer-based and led program located within the Garramilla (Darwin) NTAHC office on the unceded land of the Larrakia Nation. SWOP NT’s advocacy, health promotion, training/workshops, outreach, and broader programming aims to improve sex workers’ lives by holistically addressing issues including our human rights. SWOP NT advocates to reduce stigma and discrimination against us as workers via advocacy, information, resources and education sessions to health and legal sectors to facilitate equitable access to services and to inform policy development for a safer framework for sex workers. The SWOP Shop can be accessed from NTAHC’s Garramilla (Darwin) or Mparntwe (Alice Springs) offices for affordable safer sex supplies and other Personal Protective Equipment (PPE). Currently (August 2024), there are no SWOP NT staff employed at the Mparntwe office, but phone access to SWOP NT staff through the Mparntwe office is available. SWOP NT is able to provide outreach to Garramilla (Darwin and the wider region) regularly, and a couple of times per year to Mparntwe (Alice Springs) and Nitmiluk (Katherine).
Aboriginal languages in NT
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NOTE: Aboriginal languages of the NT vary greatly in their grammatical structures, concepts and vocabulary. Scarlet Alliance notes that the Aboriginal language place names of major towns and cities across the Northern Territory that are commonly used for one Aboriginal people’s group area may not reflect other Aboriginal people’s groups use of language and/or terminology for the same land.
What does decrim mean for the Northern Territory?
The Northern Territory was the third jurisdiction in the world to decriminalise sex work. After more than 20 years of sexworker-led activism and advocacy from SWOP NTm the Sex Worker Reference Group (SWRG) and Scarlet Alliance, and support from Unions NT and allies, the Northern Territory Labor government passed the Sex Industry Act 2019.
The Sex Industry Act 2019 decriminalises sex work and sex workers in the NT. The Act lists one of its primary aims (‘objects’) as:
(e) to enable the sex industry to operate in accordance with the laws of the Territory and the Commonwealth as they apply to all individuals and businesses generally, including laws governing employment, occupational health and safety, workers compensation and rehabilitation, planning, taxation and discrimination.
Decrim in the Northern Territory also involved amendments to the NT Planning Scheme 2020 and Northern Territory Planning Act 1999, which with the Sex Industry Act became law on 12 June 2020.
Northern Territory sex work laws – general information
What is sex work?
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The Sex Industry Act 2019 defines sex work as: ‘the provision by a person of services that involve the person participating in sexual activity with another person in return for payment or reward.’
Sex worker means ‘a person who performs sex work’.
The Anti-Discrimination 1992 (see below) recognises sex workers who do not provide direct sexual services (e.g. online sex workers, porn performers, strippers, erotic dancers, ‘skimpies’ etc). SWOP NT and NT sex workers advocate for the health, safety and industrial rights of all sex workers, including those who do not provide direct sexual services.
Workplace health and safety and safer sex
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NT Worksafe regulates sex work businesses in the Northern Territory.
Both operators of sex work businesses and sex workers must ‘take all reasonable steps to adopt and promote safe sex practices’ (Sex Industry Act 2019).
Sex work businesses must provide safer sex personal protective equipment (PPE) to sex workers free of charge.
Check out Red Book Online for information on STI/BBV, testing, safer sex, and harm reduction.
In many states and territories, STI and BBV may be ‘notifiable infections’. This means that diagnosed infections are confidentially reported to state or territory health departments. You can find more information on our BBV, STI and the Law resource.
Anti-Discrimination
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employment in sex work or engaging in sex work, including past employment in sex work or engagement in sex work (Anti Discrimination Act 1992, s 19(1)(ec)).
In the Anti-Discrimination Act, sex work means:
provision by a person of either of the following services in return for payment or reward:
(a) services that involve the person participating in sexual activity with another person;
(b) services that involve the use or display of the person’s body for the sexual arousal or gratification of others.’
This means that:
- All sex workers are protected from discrimination – including full service workers, sexual massage providers, online sex workers, strippers or porn performers.
- Both current and former sex workers, our associates, and people presumed to be sex workers are protected from discrimination.
If you’ve experienced discrimination because of your sex work, contact SWOP NT for action.
Non-payment for services and ‘stealthing’
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This section likely captures two types of situations:
- A client not paying for services, but leading a sex worker to believe that they did;
- A client sneakily removing or not using a condom without a sex worker’s knowledge or consent (often called ‘stealthing’). ‘Stealthing’ is a form of sexual assault.
If you’ve experienced either of these situations while doing sex work in the NT, contact SWOP NT for support and/or other action.
Payment in 'dangerous drugs'
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Other sex industry offences
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| Offence | Legislation |
|---|---|
| It is illegal to intimidate, assault, or threaten to assault someone into doing sex work, or to force them to do sex work by damaging or threatening to damage their property. Maximum Penalty 5 years imprisonment | Sex Industry Act 2019 |
| It is illegal to coerce someone to give over their earnings made from sex work. Maximum Penalty 5 years imprisonment | Sex Industry Act 2019 |
| It is illegal to ask or allow a person under the age of 18 to perform sex work or work in a sex services business, or to receive payment from them doing sex work. It is also illegal to receive sexual services from a person under the age of 18. Maximum Penalty Up to 14 years imprisonment | Sex Industry Act 2019 – sections 12, 13 and 14 |
| It is illegal for a person (e.g. a sex worker or sex services business operator) to say or imply to a potential client that a sex worker has undergone a medical examination for sexually transmitted infections (STIs) and blood borne viruses (BBVs), and therefore does not have an STI or BBV, and the potential client receives a service/booking from the sex worker as a result. This applies whether or not the sex worker underwent an examination, whether or not they actually have an STI/BBV and whether or not they are receiving medical care. Maximum Penalty Fine – 20 penalty units | Sex Industry Act 2019 |
| It is illegal for sex services businesses to advertise for sex workers to work in their business. Maximum Penalty Fine – 20 penalty units | Sex Industry Act 2019 |
| It is illegal to publish newspaper, TV or radio advertising that does not comply with the Sex Industry Regulations 2020. Maximum Penalty Fine – 20 penalty units | Sex Industry Act 2019 |
Advertising sex work services can also be impacted by federal advertising and internet laws, as well as the requirements of private advertising service providers.
What are the laws about the types of sex work I do?
Brothels, escort agencies, erotic massage premises
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Sex work businesses are decriminalised in the Northern Territory. This means that:
- sex work businesses can operate lawfully
- sex work businesses are subject planning requirements (see below)
- sex work businesses are regulated by NT Worksafe.
Operators (owners and/or managers) of sex services businesses with three or more sex workers must have a ‘suitability certificate’.
The practice of sex work businesses fining sex workers (e.g. for lateness or a single missed shift) is likely to be illegal in the NT. If you’ve been fined by your workplace, contact SWOP NT for advice and action.
Independent/private sex work - incall and outcall
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The NT Planning Scheme permits 1 or 2 sex workers residing in a ‘dwelling’ to do sex work as a ‘home occupation’ in residential areas. Independent (private) sex workers can also work from hotels, motels etc.
Home based sex workers are also able to employ one other person as ‘support staff’ (Part 1-16). Support staff can respond to phone contact, take bookings, provide cleaning services, provide security on outcalls, and/or assist with transport.
Sex work home occupations cannot be ‘abutting’ an existing:
- kindergarten
- school
- childcare centre
- place of worship, or
- be in a restricted development zone.
In the Planning Scheme, ‘abutting’ means that that a sex work ‘home occupation’ can exist next door to one of these businesses, but only if there is a laneway, path or similar in between them.
If you’re unsure whether your home based business is compliant, contact SWOP NT for further information.
Outdoor sex work
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If you are working outdoors, contact SWOP NT for outreach, peer support and advocacy.
All sex work is decriminalised in the Northern Territory. If you have any issues with police about doing sex work in any space you are choosing to work from, please contact SWOP NT for peer outreach, advocacy and support.
NT planning requirements for sex services businesses
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Sex services businesses are subject to the NT Planning Scheme.
Sex services businesses can operate in both commercial and industrial zones, but cannot be ‘abutting’ an existing:
- kindergarten
- school
- childcare centre
- place of worship.
In the Planning Scheme, ‘abutting’ means that a sex services business can exist next door to one of these businesses, but only if there is a laneway, path or similar in between them.
If you’re unsure whether your workplace is compliant, contact SWOP NT for further information.
Sex services businesses that were operating prior to the Sex Industry Act 2019 have been ‘legacied’ into the NT Planning Scheme. This means they are compliant with planning requirements.
If you need further information, peer support, outreach services to where you work, or have any concerns about your health and safety working for a sex work business, contact SWOP NT.
Relevant Legislation
The Sex Industry Act 2019 and the related Sex Industry Regulations 2020 are the primary sex work legislation in the Northern Territory.
Other relevant legislation includes: