South Australia Sex Work Laws

South Australia’s peer-only sex worker organisation is SIN. SIN is located in Mile End and also provides outreach services to other locations. SIN has dedicated projects for women, street-based, culturally and linguistically diverse (CALD), men, and trans and gender diverse sex workers. Contact SIN to access support, advocacy, education and information, safety strategies, resources, safer sex supplies, safer injecting equipment (both onsite and mobile), and referrals to sex work-friendly professionals.

‘Commercial sexual services’ are defined as ‘services provided for payment involving the use or display of the body of the person who provides the services for the sexual gratification of another or others.’ (Criminal Law Consolidation Act 1935).

The Criminal Law Consolidation Act 1935 uses the term ‘common prostitute’, and notes that this includes ‘any male person who prostitutes his body for fee or reward.’ The term ‘prostitute’ is used in the Summary Offences Act 1953 and has the same definition.

The terminology for gender used in the laws reflects the time in which they were drafted. People of all genders can be currently charged with ‘prostitution’ offences in South Australia.

As sex work in South Australia operates under a heavily criminalised framework, there are no specific legal rights or responsibilities for sex workers relating to safer sex practices. 

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.

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

Brothels are illegal (criminalised) in SA. ‘Brothel’ is defined broadly – it can be:

• a premises ‘to which persons resort for the purpose of prostitution’ or that are ‘occupied or used for the purpose of prostitution’
• part of a premises ‘to which persons resort for the purpose of prostitution’ or that are ‘occupied or used for the purpose of prostitution’ (Summary Offences Act 1953).

A ‘brothel’ can be any sex work premises. It includes sole private sex workers operating from a hotel/motel or from home and larger businesses. Premises arranged by clients (e.g. private homes or hotels) may also be considered ‘brothels’.

Offences for brothels

Police powers to enter sex work businesses

Police officers can ‘at any time enter and search premises…[they suspect] on reasonable grounds to be a brothel.’ (Summary Offences Act 1953). 

Senior Constables in the SA Police (SAPOL) have a general, overarching search warrant allowing them to enter any premises they ‘suspect on reasonable grounds’ to be a sex work establishment. 

The meaning of ‘reasonable grounds’ is broad and difficult to interpret. SAPOL officers have: 

• entered premises based upon complaints from the public (often through Crimestoppers) 
• photographed and taken video of clients and sex workers entering and exiting premises 
• interrogated clients off-site
• used other criminal offences (drug use and possession of stolen property) as ‘reasonable grounds’ to enter and search sex work establishments 

Enforcement of sex work laws varies greatly. While authorities may sometimes tolerate the existence of brothels, workers in these businesses are always under threat of enforcement. 

SAPOL commonly ‘entrap’ sex workers as a way of policing sex work. In this tactic: 

• a SAPOL officer will pretend to be a client and make a fake appointment with a sex worker. 
• When the officer arrives at the premises, they will attempt to engage the sex worker in an incriminating discussion about sexual services and will often attempt to pay the sex worker. 
• They will then contact other SAPOL officers waiting outside to enter the premises, and detain and question the sex worker(s) on premises. 

While SIN and independent legal experts believe this falls outside of the SA laws about undercover policing, it still occurs.

If you have been arrested, charged or fined while working for a brothel, massage premises, or escort agency in SA, contact SIN.

The Supreme Court of South Australia has previously ruled that sensual massage services involve ‘lewd or sexual gratification.’ Therefore, premises where these services take place are ‘brothels,’ and are criminalised. (Begley v SA Police [1995] SASC 4995). Over the years, erotic massage workers and business operators have regularly been targeted by police and charged with a range of sex work offences.

If you have been arrested, charged or fined while working for a brothel, massage premises, or escort agency in SA, contact SIN.

In 1972, a court ruled that escort agencies were included in the definition of ‘brothels’ and were criminalised in South Australia. However, in that case, clients went to the premises to meet workers before leaving to conduct the service elsewhere. A premise that only receives enquiries from clients and arranges for an escort to meet them elsewhere (such as an outcall to a hotel) may not count as a ‘brothel’. However it is likely that operators of these businesses may be liable for other sex work offences, and workers for these businesses may be criminalised.

Despite common myths, escorting (working for a business that provides outcall services) in South Australia is a criminalised activity. The provision of commercial sexual services at a client’s home, hotel or motel means the space is treated as a ‘brothel’, and thus subject to existing brothel laws. These laws also apply to independent/private sex workers providing outcall services.

If you have been arrested, charged or fined while working for a brothel, massage premises, or escort agency in SA, contact SIN.

Private sex workers who work from a specific place may be charged with ‘brothel’ offences, even if that place is their own home or privately rented premises (see offences for sex work establishments above). In recent years, police have conducted raids on individual private sex workers in their own homes.

A client’s home, hotel room, or other private premises may also be considered to be a ‘brothel.’ For the latest information about enforcement practices, contact SIN.

SAPOL commonly ‘entrap’ sex workers as a way of policing sex work. In this tactic: 

• a SAPOL officer will pretend to be a client and make a fake appointment with a sex worker. 
• When the officer arrives at the premises, they will attempt to engage the sex worker in an incriminating discussion about sexual services and will often attempt to pay the sex worker. 
• They will then contact other SAPOL officers waiting outside to enter the premises, and detain and question the sex worker(s) on premises. 

While SIN and independent legal experts believe this falls outside of the SA laws about undercover policing, it still occurs. Please note – this tactic is also used in all forms of sex work establishments. 

If you have:

• been arrested, charged or fined while doing private/independent sex work,
• want information about working privately,

contact SIN for peer advice and support.

Street-based sex work is criminalised (illegal) in South Australia. It is illegal to: 

• ‘Accost’ or ‘solicit’ a person for the purpose of prostitution in a public place. (Maximum penalty $750 fine – Summary Offences Act 1953).
• ‘Accost’ or ‘solicit’ a person for the purpose of prostitution ‘within the view or hearing of any person in a public place.’ (Maximum penalty $750 fine – Summary Offences Act 1953).
• ‘Loiter’ in a public place for the purpose of prostitution. (Maximum penalty $750 fine – Summary Offences Act 1953).

If you have:

• been arrested, charged or fined while doing street-based sex work,
• want information about doing street-based work

contact SIN for peer advice and support.