Sex Work Law Reform

Sex work is work. When sex work is criminalised, we lack access to the basic legal protections every other worker takes for granted. Criminalisation makes it harder for sex workers to access healthcare, safety and justice. Scarlet Alliance advocates for the full decriminalisation of sex work. Full decriminalisation removes sex work-specific laws and lets us work under the same laws as everyone else.

Full decriminalisation means removing all sex work-specific criminal and licensing laws, and the police powers that come with them, for every sex worker.

Decriminalisation does not mean deregulation. Planning, tax, public health, workplace health and safety and fair work laws still apply, the same as they do for any other industry.

Full decriminalisation must include the introduction of civil anti-discrimination and anti-vilification protections, to address any discrimination that sex workers experience in areas like housing, education and employment. It must also include expungement of past sex work convictions and destruction of registration records that link our identities to our work.

PUBLISHED APRIL 2026

Sex work is work: sex workers want decriminalisation now.

ADVOCACY RESOURCE

This resource explains what full decriminalisation of sex work means, why it matters for sex workers' health, safety and rights, and the changes needed to ensure equal workplace protections, freedom from discrimination and access to justice.

READ OUR SEX WORK IS WORK RESOURCE

Full decriminalisation is the evidence-based standard for protecting sex workers’ health, safety and rights. Decriminalisation is endorsed by:

World Health Organization

UNAIDS

United Nations Population Fund

United Nations Development Programme

Amnesty International

International Labour Organization

Global Alliance Against Traffic in Women

Human Rights Watch

UN Discrimination Against Women and Girls

Decriminalisation of sex work means…

the removal of all criminal and/or administrative penalties associated with sex work among consenting adults.
the recognition of sex work as a legitimate form of labor like any other.
aimed at promoting the health, safety, and human rights of sex workers.
centred on upholding sex workers’ agency and bodily autonomy.
the model favoured by the vast majority of sex worker-led organisations worldwide.
not an endorsement of exploitation, human trafficking, or the involvement of minors in the sex industry, which remain illegal.
not the absence of regulations; occupational health and safety standards which apply to other businesses and industries also apply to sex work.
not aimed at forcing or enticing individuals to enter sex work, but is about respecting the right to choose one’s occupation and to work in safe and healthy conditions.
not a partial approach. When any aspect of sex work is criminalised or penalised, sex workers remain subject to legal oppression.

Licensing (sometimes known as legalisation or registration) is a system where some forms of sex work are permitted, for example, sex work in ‘licensed’ or ‘registered’ brothels. Sex workers do not support licensing. These systems often exclude the majority of sex workers, pushing them to work illegally. Criminal laws and police powers punish workers who cannot comply.

PUBLISHED JUNE 2025

Briefing Paper: Decriminalisation of Sex Work.

BRIEFING PAPER

This briefing paper outlines what full decriminalisation of sex work means, the evidence supporting its benefits for sex workers' health, safety and rights, and the legal reforms needed to ensure equal workplace protections, freedom from discrimination and access to justice.

READ OUR BRIEFING PAPER ON DECRIMINALISATION OF SEX WORK

Sex work is work, and we deserve respect, equality and the same rights and protections as all workers. Decriminalisation is fundamental to upholding sex workers’ right to participate fully in public life and achieve economic empowerment; enabling financial agency, security and independence.

Decriminalisation is the best legislative model for sex work. Sex workers support decriminalisation because:

Criminalisation is a barrier to healthcare.
Research shows repressive policing roughly doubles the risk of HIV and STIs among sex workers. Laws that mandate testing or condom use don’t improve health outcomes, they just assume we won’t protect ourselves and our clients unless forced to.
Criminalisation makes us less safe.
Criminalising sex work makes us far less likely to report that violence, because reporting can mean prosecution instead of protection.
Sex work should come with the same workplace protections as any other job.
Access to workplace health and safety regulations, the Fair Work Ombudsman and industrial rights mechanisms. Decriminalisation, combined with safe migration pathways and funding for peer-led sex worker organisations, reduces sex workers’ vulnerability to trafficking and exploitation.

…but I thought sex work was ‘legal’ in Australia?

Sex work laws are different in each state and territory. Sex work is decriminalised in New South Wales, Victoria, the Northern Territory and Queensland. However, NSW and Victoria both retain some criminal laws around street-based sex work.

Sex workers in South Australia, Western Australia, Tasmania and the Australian Capital Territory are still working under criminalisation or licensing. Scarlet Alliance and our members will keep advocating to ensure that sex work is fully decriminalised in every state and territory.

A full breakdown of sex work laws in each state and territory in Australia

WA Western Australia

Sex work is both criminalised and operates openly.

In WA, sex work is both criminalised and operates openly: working alone is allowed, but only without any third parties such as security, receptionists or drivers involved in bookings. All sex work businesses, including brothels, escort agencies and massage parlours, are illegal, though they operate openly. Street-based sex work is also illegal and heavily policed, and carrying safer sex equipment can be used as evidence of a street-based sex work offence.

NT Northern Territory

Sex work is decriminalised.

In the NT, sex work is decriminalised, meaning sex work and sex workers are treated like other work and workers, and are subject to the same laws that apply to all individuals and businesses, including those governing employment, health and safety, workers compensation, planning, taxation and discrimination. Sex workers are also protected from discrimination. Some restrictions still apply: sex workers and clients must be 18 or older, and all forms of sex work must comply with the Planning Act 1999.

QLD Queensland

Sex work is decriminalised.

SA South Australia

Sex work is mostly criminalised.

In SA, sex work is mostly criminalised: exchanging sexual services for money, rewards or favours is allowed, but almost everything else is illegal, including working from home, in a brothel, on the street or as an escort. Police can also enter sex work premises at any time without a warrant. These are the strictest anti-sex work laws in Australia, defying evidence-based research and ignoring the health, safety and human rights risks posed by criminalisation.

NSW New South Wales

Sex work is mostly decriminalised.

In NSW, sex work is mostly decriminalised, meaning it is treated like other work and regulated mainly through laws that apply to everyone, such as public health and work health and safety laws. However, some old laws, restrictions and discrimination still affect sex workers, including laws restricting street-based work and council rules that can limit private work and businesses. Sex workers must be 18 or older, while clients must be 16 or older to see private sex workers and 18 or older to visit a sex services premises.

ACT Australian Capital Territory

Sex work is licensed.

VIC Victoria

Sex work is mostly decriminalised.

In Victoria, sex work is mostly decriminalised, meaning most sex work is treated as work and regulated mainly through laws that apply to everyone, such as public health and work health and safety laws. Some restrictions remain: sex workers and their clients must be 18 or older, and street-based sex work, while permitted, is heavily restricted by rules about where and when it can take place, with criminal penalties for breaches.

TAS Tasmania

Sex work is partially criminalised.

In Tasmania, sex work is partially criminalised: one sex worker working alone, or two working together where neither manages the other, can offer both incalls (clients visit the worker) and outcalls (workers visit clients). However, any sexual services business with more than two workers or with a manager or boss is criminalised, including an independent sex worker employing staff, as the law then treats it as a commercial sexual services business. Street-based work is also criminalised.

From our library.

Explore more of our research, submissions and advocacy on sex work law reform, decriminalisation and the impacts of criminalisation and licensing on sex workers’ rights, health and safety across Australia and internationally.