Queensland Laws

Queensland’s peer-only sex worker organisation is Respect Inc. Respect Inc can help with support, advocacy, safety advice, safer sex supplies, peer-led workshops, and referrals to sex work-friendly services. They also run the Crimson Clinic, a sex worker only and free (requires a Medicare card) sexual health clinic. You can visit Respect Inc at their offices in Meanjin (Brisbane), Gimuy (Cairns), and on Yugambeh & Kombumerri land (Gold Coast). Respect Inc also provides outreach services in other locations.

Decriminalisation in Queensland came into effect on 2 August 2024. 

From 2 August 2024, sex work is decriminalised in Queensland. These changes mean:

• Ending the ‘two-tier’ licensing system
• No more regulation by police and the Prostitution Licensing Authority (PLA). Sex work businesses are regulated in the same way as other businesses – through business laws, local government (planning/zoning) regulations, and by Fair Work and Workplace Health and Safety Queensland
• No more criminalisation of ‘unlicensed’ sex work business. Independent/private sex work, escort agencies, massage parlours, street-based sex work and working in pairs and in small groups or collectives are all permitted, subject to local government planning regulations
• No more criminalisation of our safety strategies (e.g. working in pairs) 
• It is unlawful to discriminate against a person due to their current or former sex work 
• Sex workers can describe ourselves and the services we offer in our advertising. The rules for sex work advertising are the same as for all other businesses.

For more information about what decrim means for you and the way you work, contact Respect Inc.

In Queensland, sex work is defined slightly differently in local government/planning, anti-discrimination and criminal law. This means that the answer to the questions ‘what is sex work’ and/or ‘who is a sex worker’ may be different depending on a sex worker’s specific situation and why we are asking these questions. Definitions have been added where relevant to the different sections of this resource.

It is illegal to discriminate against a person because of their ‘sex work activity’

sex work activity means: 

‘the provision by an adult person of the following services for payment or reward

(i) services that involve the person participating in a sexual activity with another person; 

(ii) services that involve the use or display of the person’s body for the sexual arousal or gratification of another person. (Anti-Discrimination Act 1991)

This means that anti-discrimination protections apply to: 

• Full-service sex workers
• Sensual massage workers
• Strippers
• Online sex workers and phone/cam sex workers
• Porn performers.

This includes current or former sex workers and any person associated with a sex worker, such as a friend, family member or co-worker. (Anti-Discrimination Act 1991). 

It is no longer lawful for accommodation providers to discriminate against sex workers. Discrimination by accommodation providers (e.g. landlords and hotel owners) is unlawful.

Workplace Health and Safety Queensland regulates sex work businesses. WHS now applies to all places where sex work occurs in Queensland. Everyone in a workplace has WHS duties. 

Read: 

• Queensland – Sex work work health and safety guidance 2024 (English)
• งานบุริการทำางเพศ – แน้วที่างปฏิิบตัิเร่ องสุุขภาพและ ความีปลอดูภัยใน้การที่างาน้ (Thai)
• 성노동 – 산업보건안전지침 (Korean)
• 性工作 – 工作健康与安全指南 (Simplified Chinese)

Businesses must provide free of charge condoms in multiple sizes, water based lubricant, gloves and dams to sex workers. They must also support and train sex workers to use PPE and must not prevent or discourage sex workers from using or accessing PPE. A sex worker has a right to refuse service to a client, including when a client refuses to use PPE.

Sex workers can report WHS matters directly to WHSQ or via Respect Inc.

Safer sex 

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

For the purpose of consent laws, sex worker means: 

‘a person who provides services to another person that involve the person participating in a sexual activity with the other person for payment or reward.’ (Criminal Code Act 1899 s 348AA(4))

From 23 September 2024, fraudulent non-payment of a sex worker and ‘stealthing’ (non-consensual condom tampering or removal) are circumstances where there is no consent to sexual activity. If a person does not consent to sexual activity, then a sexual assault has occurred. 

In Queensland, circumstances where there is no consent include when a person:

• ‘is a sex worker and participates in a sexual act because of a false or fraudulent representation that the person will be paid or receive some reward for the act’
• ‘participates in the act with another person on the basis that a condom is used for the act and the other person does any of the following things before or during the act: 

• does not use a condom; 
• tampers with the condom; 
• removes the condom; or 
• becomes aware that the condom is no longer effective but continues with the sexual act.’ (Criminal Code Act 1899)

In Queensland, a judge in a criminal trial may also ‘direct the jury that it should not be assumed that a person consented to a sexual activity because the person…worked as a sex worker.’ (Evidence Act 1977)

Queensland Police can no longer pose as the clients of sex workers to gain an arrest for sex work offences. Police have no direct role in relation to sex work. If you have questions or concerns about police contact in relation to sex work, contact Respect Inc. 

If you report a crime, police should take your report seriously and treat you with respect. You can contact Respect Inc for support to report a crime.

For the purposes of local government/planning law, sex work means:

‘the provision by a person of the following services for payment or reward:

(a) services involving the person participating in a sexual activity with another person; 

(b) services involving the use or display of the person’s body for the sexual arousal or gratification of another person.’ 

sex work business means: 

‘a business that provides services that include sex work and includes, for example— 

(a) an escort agency providing services that include sex work; or 

(b) a home-based sex work business.’ (City of Brisbane Act 2010, Local Government Act 2009)

Each council has different rules for both home-based businesses and commercial businesses. These rules are set out in each council’s local planning scheme. Commercial sex work businesses (i.e. non home-based sex work businesses) will be considered a type of ‘shop’ under each planning scheme. 

There is a 12 month moratorium on planning regulations to transition to decriminalisation. Council regulations will apply to the sex industry from August 2025.

Councils in Queensland must not create extra or special rules for sex work businesses. This includes home-based sex work businesses (City of Brisbane Act 2010, Local Government Act 2009).

Queensland strip clubs continue to be regulated by licensing under the Liquor Act 1992. This law classifies strip clubs as adult entertainment businesses, and not ‘sex work businesses’. Respect Inc, DecrimQLD and Queensland sex workers have called for an urgent review of adult entertainment licensing. 

There are no longer specific laws relating to sex work advertising in Queensland. General advertising laws (including Australian Consumer Law, obscenity laws, and local government rules around signage) apply to sex workers and sex work businesses. You can contact Respect Inc for further information.

Queensland brothels and parlours operate in the same way as other businesses. Local government (council) rules apply to all businesses in Queensland.

Whether you are an ‘independent contractor’ or an ‘employee’, you still have workplace protections. Contact Respect Inc for details. 

Mandatory sexual health testing or provision of a certificate of attendance is no longer a legal requirement to work in a brothel or parlour. Regular voluntary testing remains best practice. Sex workers can decide when to voluntarily test based on their own individual needs and on advice from their doctor.

From 2 August 2024, escort agencies will operate in the same way as other businesses. Local government (council) rules apply to all businesses in Queensland.

Mandatory sexual health testing is not a legal requirement to work for an escort agency. Sex workers can decide when to test based on their own individual needs and on advice from their doctor.

Independent/private sex workers can operate in Queensland. Local government (council) rules for home-based businesses will usually apply.

From 2 August 2024, independent/private sex workers can work together, and/or use support people/staff. This includes:

• receiving, directing or redirecting calls or messages or taking bookings
• hiring or providing driving and/or security services
• assisting with administration, safety check-ins etc
• being paid for providing services to a sex worker
• sharing work premises (including hotels)
• providing independent ‘doubles’.

From 2 August 2024, street-based sex work is decriminalised in Queensland for both workers and clients. 

‘Public order’ offences still apply.