Victorian Sex Work Laws

The Sex Work Decriminalisation Act 2022 was passed on 22 February 2022. This law repealed Victoria’s ‘two-tier’ licencing system that criminalised most Victorian sex workers. Decriminalisation (‘decrim’) in Victoria is a huge and historic win for sex workers’ rights. Even though decriminalisation was passed on 22 February 2022, it only took complete effect from 1 December 2023.

From 1 December 2023, all decrim changes are now law in Victoria. These changes include:

• Full repeal of the brothel and agency licensing system. Sex work businesses are regulated in the same way as any other businesses in Victoria.
• Independent/private sex workers can operate home-based businesses, subject to local government requirements. This means independent/private sex workers can offer both incalls and outcalls.
• Private/independent sex workers do not have to register with the Business Licensing Authority. The old Business Licensing Authority register cannot be viewed or accessed by anyone.
• Removal of mandatory sexual health testing. Sex workers can decide when to test in consultation with their healthcare provider.
• Removal of criminal offences for not using condoms or other PPE (for sex workers and clients). Sex workers can make decisions about safer sex based on consent and the types of sex work they do.
• Removal of criminal offences for doing sex work with an STI. Sex workers living with HIV are no longer criminalised.
• Anti-discrimination protections prohibit discrimination due to ‘profession, trade or occupation.’ This protects sex workers from unlawful discrimination in Victoria.
• Removal of sex-industry-specific advertising regulations. Sex work businesses have the same advertising rules as other businesses in Victoria.  
• Removal of some restrictions around street-based sex work.

Decriminalisation recognises that sex work is work and should be regulated the same as any other industry. However, the new laws do not fully decriminalise street-based sex work. Scarlet Alliance, Vixen and Victorian sex workers continue to advocate for the full decriminalisation of all forms of sex work. No sex workers can be left behind.

Visit Vixen’s Decrim Info Hub for detailed information on the law changes. Resources are available in English, Thai, Simplified Chinese and Vietnamese. 

Victoria’s peer-only sex worker organisation is Vixen. After more than fifteen years of tireless work from passionate volunteers, Vixen is now funded to provide peer support, outreach, education and advocacy for sex workers across Victoria.

Visit Vixen’s Decrim Info Hub, follow Vixen on social media (Instagram and X), or drop-in to the office between 12pm-6pm, Tuesday-Friday. Vixen is located at 5 Merrifield St, Brunswick VIC.

WorkSafe Victoria regulates all workplaces in Victoria, including sex work businesses.

Read: 

• My Service, My Rules for information on safer sex and sexual health law changes in Victoria 
• Sex Work is Work – a work, health and safety resource for independent sex workers and sex work workplaces.

Under decriminalisation, sex workers in Victoria can make decisions about their own sexual health. All adults in Victoria have the same sexual health rights and responsibilities.

• Sex workers are no longer required to undergo mandatory sexual health testing. Sex workers can decide when to test based on their own individual needs and on advice from their doctor. 
• Sex workers can make decisions about using condoms and other PPE. We are safer sex experts, and can make decisions about safer sex based on consent and the types of sex work we do. Both sex work businesses and independent (private) sex workers should have condoms and PPE available to use.
• Doing sex work with a sexually transmitted infection (STI) or blood-borne virus (BBV) is not a crime. All adults in Victoria (including sex workers and clients):
  • who have an STI and/or BBV, or
  • are at risk of having an STI and/or BBV,
  • must take all reasonable steps to eliminate or reduce the risk of passing on an infection (Public Health and Wellbeing Act 2008).

Check out Red Book Online for information on STI/BBV, testing, safer sex, and harm reduction. Vixen also provides peer education and safer sex PPE through drop-in and outreach services.

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.

Sex work businesses in Victoria are subject to the same advertising laws as other businesses. This means that:

• Advertisements do not need to display an ‘SWA’ number.
• Sex work advertising can clearly describe what services are on offer.
• Sex work advertising can describe or promote safer sex practices.
• Sex work advertising can describe and promote ‘erotic massage’ services if available.
• Sex work advertising can use nude photos in spaces where nudity is permitted (e.g internet advertising).

These reforms remove the criminal penalties relating to sex work advertising. Publishers (e.g. newspapers or internet platforms) may still have terms and conditions about advertising content. 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 Vixen for further information.

• It is illegal to discriminate against any person on the basis of their “profession, trade or occupation.”
• It is illegal for landlords to refuse to provide a person with housing on the basis that they are a sex worker.
• It is illegal for hotels or motels to ask a person to leave for doing sex work, or to call the police on that person. (Equal Opportunity Act 2010).

If you have experienced discrimination, you can get in touch with Vixen and/or the Victorian Equal Opportunity and Human Rights Commision (VEOHRC).

There are criminal laws that protect sex workers in Victoria.

The Crimes Act 1958 contains a list of situations where a person does not consent to sexual activity. 

These include:

• If a person engages in sexual activity because of a ‘false or misleading representation’ that they will be paid (s 36AA(1)(m))
• if a person agrees to sexual activity on the basis that a condom is used and either—
  • another person involved intentionally removes the condom or tampers with the condom; or
  • the person who was to use the condom intentionally does not use it (s 36AA(1)(o)).

If a person does not consent to sexual activity, then a sexual assault has occurred.

It is also a crime to use violence, threats, unlawful detention or fraud to force a person to ‘provide commercial sex services’ (s 53B).

If you experience sexual assault or violence at work, you can contact Vixen for advice and support. 

Sex services businesses in Victoria operate in the same way as other businesses. Local government (council) rules apply to all businesses in Victoria.

• The Sex Work Act 1994 is repealed. There is no longer a brothel licensing system in Victoria.
• Sex industry businesses are regulated in the same way as all businesses in Victoria:
  • by the Victoria Planning Provisions (VPP) and local planning schemes, and
  • by WorkSafe Victoria.

• Sex services businesses are no longer required to ask sex workers for a ‘certificate of attendance’ at sexual health testing.
• Sex industry businesses can advertise services and job vacancies in the same way as other businesses.
• Owners and operators of sex services businesses cannot discourage condom/PPE use. This remains a requirement under the Occupational Health and Safety Act 2004. 

For further information, contact Vixen.

Independent/private sex workers can provide both incalls and outcalls in Victoria. Independent/private sex workers are subject to the same requirements as other small businesses in Victoria:

• Independent/private sex workers must comply with the Victorian Planning Provisions. For sex workers who work from home, the rules for home-based businesses are set by each local council.  
• Wherever sex workers work is a ‘workplace’ – and WorkSafe requirements apply.

For more information, contact Vixen.

Business Licensing Authority (BLA) small owner-operator register

• Independent/private sex workers are no longer required to register with the Business Licensing Authority (BLA). This register allocated each sex worker with an ‘SWA number’ It was also known as the ‘small owner-operator register’ or ‘exempt register’. 
• Independent/private sex workers do not have to display their ‘SWA number’ in advertising.
• The personal information in the old BLA register (small owner-operator/exempt register) cannot be accessed by anyone. Effectively, the register is destroyed.

Street-based sex work is not fully decriminalised in Victoria. However, there are some changes to the previous laws allowing street-based sex workers to work legally at certain times and places. These changes apply to street-based sex workers and their clients. Vixen has created a great resource about street-based sex work on their Decrim Info Hub.  

Meeting clients

It is legal for sex workers to wait for and meet clients in a public place, except in the cases below.  There are no longer any “banning notices” or “declared areas.”  

However, new laws have been added to the Summary Offences Act 1966, which make it illegal to:

1) solicit or loiter for sex work in public at or near a school, education, care service or children’s services on any day during the hours of 6:00 am to 7:00 pm (s 38B(1)-(2)).

2) solicit or loiter for sex work in public: 

at or near a place of worship on any day during the hours of 6:00 am to 7:00 pm,

or at any time on days of religious significance  (s 38B(3)).

For the purposes of these laws:

• ‘Soliciting’ means offering sexual services, either your own or on behalf of someone else.
• ‘Loitering’ means standing, waiting or walking slowly without an obvious purpose.
• It does not matter whether the prohibited location is open or closed – any soliciting or loitering is banned during those hours.

• ‘Days of religious significance’ means: Yom Kippur, Hanukkah, Ramadan, Eid al-Fitr, Christmas Eve, Christmas Day, Good Friday, Easter Saturday, Easter Sunday, Orthodox Good Friday, Orthodox Easter Saturday, Orthodox Easter Sunday. The day must be significant to the place of worship – e.g. Christmas Day applies to a Christian church.  
• The maximum penalties for these offences are:
  • First offence – 10 penalty units ($1,975.90 fine) or 1 month imprisonment
  • Second offence – 30 penalty units ($5,927.70 fine) or 3 months imprisonment
  • Subsequent offences – 60 penalty units ($11,855.40 fine) or 6 months imprisonment.

Get in touch with Vixen for more information and support.

Conducting a booking

Public order laws in Victoria may also impact street-based sex workers. 

If you are fined, arrested or charged while working (including non-sex work offences), contact Vixen’s street outreach team.

Impacts of decriminalisation

With any major change to sex work laws, it can be difficult to predict how sex workers will be impacted. It’s important that decrim works for all sex workers in Victoria. If you:

• need more information on the new laws and how they operate,
• need support transitioning your work to the new laws, or
• have any feedback on how the new laws are working, please contact Vixen.

Previous sex work convictions

The Sex Work Act 1994 criminalised the majority of sex workers in Victoria. Sex workers were entrapped, surveilled, arrested and fined just for doing our jobs. If you received a fine, infringement notice, arrest or conviction under the old laws, and are concerned about the way this may impact you in the future, contact Vixen.

Relevant legislation

• Sex Work Decriminalisation Act 2022
• Summary Offences Act 1966 (sections 38A-38B)
• Occupational Health and Safety Act 2004 
• Crimes Act 1958 (sections 35-48A) outlines consent and sexual violence offences
• Crimes Act 1958 (sections 53H-53N) criminalises 
  • forcing people to do sex work, 
  • allowing, facilitating or forcing people under the age of 18 to do sex work
• Victorian Planning Provisions (VPP) and associated planning schemes
• Equal Opportunity Act 2010 prohibits discrimination because of ‘profession, trade or occupation’.