{"id":8471,"date":"2024-06-07T13:08:00","date_gmt":"2024-06-07T03:08:00","guid":{"rendered":"https:\/\/scarletalliance.org.au\/?page_id=8471"},"modified":"2024-06-14T08:51:55","modified_gmt":"2024-06-13T22:51:55","slug":"full-decriminalisation","status":"publish","type":"page","link":"https:\/\/scarletalliance.org.au\/full-decriminalisation\/","title":{"rendered":"Full decriminalisation of sex work in Australia"},"content":{"rendered":"

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The FULL decriminalisation of sex work removes sex work-specific criminal and licensing laws <\/strong>AND police powers<\/strong> for ALL sex workers, including sex workers from marginalised groups.<\/p>\n

The decriminalisation of sex work gives sex workers access to existing civil laws. <\/strong>Full decriminalisation of sex work is the removal of all sex work-specific criminal and licensing laws that apply only to sex workers, our workplaces, clients, and third parties. Criminal laws that apply to everyone are still enforced by police. Civil laws are implemented by government agencies and regulators, not the police. Civil laws protect people’s health, safety, privacy, autonomy, human and industrial rights, and are meant to apply to everyone. Full decriminalisation gives sex workers access to workplace health and safety protections and civil law.<\/p>\n

Full decriminalisation is NOT deregulation. <\/strong>Planning, taxation, and industrial laws would still apply. Full decriminalisation is a whole-of-government approach to sex work. Criminalisation, targeting, detention, deportation, and surveillance of marginalised groups of sex workers is not compatible with decriminalisation.<\/p>\n

Migrant sex workers, street-based sex workers, Aboriginal and Torres Strait Islander sex workers, sex workers living with HIV, and private (independent) sex workers must also be decriminalised. Full decriminalisation of sex work means removing sex work-specific criminal penalties for all sex workers.<\/p>\n

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What does full decriminalisation NOT include?<\/strong><\/h3>\n
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Licensing laws & special police powers<\/h4>\n

Licensing creates a two-tiered sex industry. The majority of sex workers and businesses are excluded or unable to comply with licensing laws. These workers and businesses are forced to work outside the law where they are criminalised and targeted by police. Sex work licensing laws are enforced by police and government agencies with special powers. This means police also target sex workers and sex industry workplaces that are attempting to obey licensing laws. Police use surveillance, covert policing, and entrapment such as posing as clients. Police enforcement is central to licensing. Licensing laws and rules are excessive, unnecessary and very expensive to administer. Criminal penalties apply to routine and essential sex work business activities. They are difficult and expensive to comply with. Compliance can mean legal disadvantage and discrimination, loss of privacy, safety and income, and police targeting. Licensing does not support sex worker rights, privacy, or workplace health and safety. It is not decriminalisation. Licensing is sometimes incorrectly referred to as \u2018legalisation\u2019.<\/p>\n

Registration of sex workers<\/h4>\n

Registration creates permanent records linking sex workers\u2019 personal information and legal identities to sex work. Forcing sex workers to register with government agencies or police is a threat to privacy, safety and wellbeing. Sex workers must choose between non-compliance for privacy protection, or registration and risk lifelong stigma and discrimination. A decision not to register means the person is working illegally.<\/p>\n

Isolation of sex workers and sex industry businesses into specific locations<\/h4>\n

Laws, licensing or zoning that force sex work into industrial areas is bad for sex worker\u2019s safety. Sex workers who have experienced this say problems include limited or no public transport, poor lighting, no amenities, and isolation. These problems are worse for sex workers who work at night. There is no evidence to support separating sex industry businesses or sex workers to \u201818+ precinct areas\u2019. Sex workers deliberately choose work locations based on privacy, access to essential services, public facilities including public transport, access to clients, visibility, lighting and safety. Using police, licensing or zoning to force sex workers into specific locations is not full decriminalisation.<\/p>\n

Mandatory testing and criminalisation of STI & BBV<\/h4>\n

Laws that criminalise sexually transmissible infections (STI) or blood borne viruses (BBV) for sex workers require mandatory prophylactic use or compulsory sexual health testing are incompatible with the full decriminalisation of sex work. These laws perpetuate stigma and are based on outdated information about safer sex options. They assume sex workers will not engage in safer sex practices or voluntary testing unless forced by law to do so. This is incorrect. Such policies are counterproductive to public health outcomes. Voluntary safer sex practices and sexual health screening is best practice. Evidence<\/a> shows that criminalisation creates multiple barriers to health for sex workers.<\/p>\n

Criminalisation of migrant sex workers<\/h4>\n

Decriminalisation means there are no specific laws that prohibit migrants and temporary visa holders from working in the sex industry. Migrant sex workers should have access to the full range of rights and protections available to local workers. Targeting and extra surveillance of migrant sex workers for undertaking sex work is not the full decriminalisation of sex work.<\/p>\n

Criminalisation of marginalised sex workers<\/h4>\n

New Zealand (NZ) and NSW have not yet fullydecriminalised sex work. Some sex workers have benefited immensely, while crucial groups are excludedand still criminalised. Full decriminalisation means the removal of sex workspecific criminal penalties against migrant sex workers and street-based sex workers. It is imperative the sex work laws in NZ and NSW are viewed asincomplete and in need of further reform.<\/p>\n

Criminalisation of street based sex workers<\/h4>\n

Prohibition or laws seeking to \u2018control\u2019 street based sex workers are ineffective and create increased risks and barriers. Street based sex workers, like all sex workers, use safety strategies including:<\/p>\n