Research Papers

Download details

Sex Work and Other Acts Amendment Bill 2011

Introduction

The Victorian Government introduced the Sex Work and Other Acts Amendment Bill 2011 (‘the Bill’) on 11 October 2011. The Bill amends the Sex Work Act 1994, the Confiscation Act 1997 and the Confiscation Amendment Act 2010. The stated main purposes of the Bill are: to assign and clarify responsibility for the monitoring, investigation and enforcement of provisions of the Sex Work Act; to continue the ban on street prostitution; and to strengthen proceeds of crime legislation in relation to illegal sex work activity.

1. Second Reading Speech

The Minister for Consumer Affairs, the Hon. Michael O’Brien, gave the second reading speech for the Sex Work and Other Acts Amendment Bill on 12 October 2011. In his speech, Mr O’Brien said that the Bill implements a suite of reforms in line with government commitments made prior to the 2010 election. He said that:

The bill delivers on the government’s commitments to make Victoria Police the lead agency for the enforcement of laws relating to the sex work industry to ensure that appropriate attention is paid to the removal of criminal elements, and to amend legislation regulating the sex industry to minimise and, where possible, eliminate any uncertainties as to enforcement responsibility.[footnote1]

Mr O’Brien stated that the Bill does this by amending the Sex Work Act 1994 to clarify the division of enforcement responsibilities between Victoria Police and Consumer Affairs Victoria (CAV).[footnote2] He said that while the Bill makes it clear that Victoria Police is the lead agency for the enforcement of laws relating to the sex work industry, CAV ‘will remain primarily responsible for monitoring the compliance of individuals licensed under the Sex Work Act’.[footnote3] Hence, the Bill ensures that CAV ‘retains powers to bring proceedings for offences relating to the licensing scheme for sex work service providers’. [footnote4]

Mr O’Brien said that local government will continue to be the responsible authority for ‘enforcing planning laws where brothels are operating in breach of planning requirements, for example where a planning scheme or conditions of a planning permit are being contravened’. [footnote5] However, the Bill amends the Sex Work Act to provide police members with specific entry powers where there are reasonable grounds to believe that premises are being used for the operation of a brothel without a planning permit. The Bill also makes amendments to the Sex Work Act to clarify the process through which police members can seek proscription orders from the Magistrates’ Court. [footnote6]

Mr O’Brien also said that the Bill delivers on the government’s commitment to maintain and enforce the ban on street prostitution, by extending the operation of the banning notice regime for a further two years.[footnote7]

Additionally, the Bill will ensure that the Business Licensing Authority must refuse an application for a licence to carry on business as a sex work service provider where that applicant has been convicted, or found guilty, of a disqualifying (indictable) offence, that renders the grant of a licence to that person against the public interest. At present, an application may be refused if the applicant has been convicted of a disqualifying offence within the last five years.[footnote8]

Mr O’Brien further said that the Bill delivers on the government’s election commitment ‘to strengthen proceeds of crime legislation to provide for a wider range of offences relating to illegal sex work that will attract sanctions’.[footnote9] He said that changes made by the Bill to the Confiscation Act 1997 ensure that the authorities are better equipped ‘to disrupt and deter illegal sex work activity and to deprive persons who engage in such activity of their ill-gotten gains’.[footnote10]

The Bill also makes amendments to the Confiscation Amendment Act 2010, to address ‘specific practical concerns’ regarding the operation of amendments introduced by that Act that ‘relate to the timing of obligations for persons to give information about their interests in property that has been restrained for confiscation, and the matters that a person must prove to exclude their property from civil forfeiture proceedings’. [footnote11]

2. Background

Legislation and Policy History

A brief review of the legislative history of prostitution in Victoria shows shifts between attempts at prohibition and regulation. Historically, many of the laws introduced to criminalise prostitution have in fact operated as ‘a form of de facto regulation’ reflecting a policy of ‘toleration and containment’ of a ‘necessary evil’.[footnote12] In the 19th century, prostitution was viewed as a threat to public order and morality. In this social context, the laws operated to stigmatise and control women working as prostitutes, while at the same time allowing men access to sexual services.[footnote13]

A policy of prohibition and criminalisation continued in Victoria until 1984 when the Planning (Brothels) Act 1984 formally decriminalised licensed brothels and regulated the industry. However, tacit approval began to emerge several years earlier when ‘massage parlours’ were allowed to operate with a valid permit. The final shift towards regulation occurred in 2010 when the Prostitution Control Act 1994 was renamed the Sex Work Act 1994, in order to recognise ‘the changing nature of the industry’.[footnote14]

Prohibition and Criminalisation

In the Vagrant Act 1852 (Vic), prostitution was categorised as ‘riotous’ and ‘indecent’ behaviour carrying a penalty of imprisonment for up to 12 months with the possibility of hard labour (Part II, s 3). In 1891, the Crimes Act introduced a range of measures to enforce the prohibition of prostitution. In particular, the procurement (ss 14-17) or detention (ss 18-21) of women either through inducements or violence to work as prostitutes was prohibited. The Police Offences Act 1891 also made it an offence for a prostitute to ‘importune’ a person in public (s 7). Subsequent amendments in 1907 prohibited ‘brothel keeping’, and also imposed restrictions on leasing a premise for the purpose of a brothel (ss 5, 6).

The Conservation of Public Health Act 1878 imposed health inspections on women suspected of being prostitutes. Although the provisions remained in force until 1916, the initiative was ineffective both in terms of the explicit aim of controlling the spread of venereal disease[footnote15] and the implicit aim of controlling prostitution. [footnote16]

There were amendments to legislation in the early part of the 20th century further prohibiting various aspects of prostitution and brothel keeping, however the laws were not consistently enforced.[footnote17] Throughout the late 19 th and early 20th century, the block of Melbourne bounded by La Trobe Street, Spring Street, Lonsdale Street and Exhibition Street contained brothels run by well known Melbourne identities.[footnote18] Despite a crackdown in 1898 many of them continued to operate until the 1930s. It was only when many of the brothels became linked to cocaine distribution rackets that police were permanently stationed in the area and the brothels were shut down.[footnote19]

Regulation of ‘Sex Work’

Very little change occurred in the immediate post-War period. However, social attitudes towards prostitution began to shift throughout the late 1960s and 1970s. Sullivan identifies several reasons behind this shift.[footnote20] First, the prevalence of ‘massage parlours’ being set up and operated as brothels stirred calls for tighter regulation of the industry. Secondly, the increasing prevalence of permissive discourse in Australia during this period created a social context that was more accepting of prostitution as ‘sex work’. [footnote21]

These changes resulted in the first step from suppression to regulation in 1975 when the Melbourne Metropolitan Planning Scheme was amended to allow ‘massage parlours’ to operate with council approval.[footnote22] Part of the approval process included assurances that the premises was not used as a brothel. However, this proved to be virtually impossible to enforce, and it became well known that ‘massage parlours’ were for all intents and purposes brothels.[footnote23]

In 1984 an inquiry into the operation of ‘massage parlours’ operating as brothels was conducted. [footnote24] The inquiry recommended allowing brothels to operate legally with the appropriate permit as a means of controlling the location of brothels.[footnote25] According to Neave, the changes were intended to provide incentives to brothel operators to move out of residential areas, and to allow for greater regulation. [footnote26] Further, it was hoped that regulating the industry would reduce the prevalence of street sex work.[footnote27] In the same year a Bill was passed that ended the prohibition on brothels. This policy change effectively made Victoria the first Australian jurisdiction to formally shift from suppression to regulation of sex work. [footnote28]

With the legal acceptance of brothels in Victoria, attention was turned to regulation of ‘the industry’. In this context, theNeave Report[footnote29] was produced in 1985 resulting in the Prostitution Regulation Act 1986. Then, in 1992, a working group was set up by the Attorney-General, which resulted in the Prostitution Control Act 1994.[footnote30] Significant amendments were also made to the Act in 2008. [footnote31] In 2010 the Act was renamed the Sex Work Act 1994.

Sex Work Act 1994

Although the act of exchanging money for sex between consenting adults[footnote32] is not prohibited in Victoria, the circumstances in which that transaction may or may not take place are controlled by the law through the Sex Work Act 1994. For example, the Act controls ‘street sex work’ through prohibiting loitering by clients and sex workers for the purposes of soliciting sex work (ss 12 and 13). Prohibitions are also in place with regard to being in or entering an unlicensed brothel (s 15).

The function of the Business Licensing Authority (the Authority) under the Act is to oversee and manage the licensing of brothels and to liaise with other agencies – police, the WorkCover Authority, the Australian Taxation Office, the Commonwealth Immigration Department – with regard to matters outside the scope of the Authority’s functions (s 25). The Director’s functions include referring matters to the police force or other authorities for investigation (s 26).

Under the Act, inspectors are vested with powers of investigation, including search and seizure, under Part 3, Division 8A. An inspector can investigate an unlicensed brothel (s 61DA), and enter an unlicensed brothel either with the consent of the owner or with a warrant granted by a Magistrate (ss 61J and 61L). Inspectors have the power to enter a licensed brothel without consent or warrant under certain conditions (s 61K). In addition, the Act states that police have entry, search and seizure powers (with or without warrant) with regard to licensed and unlicensed brothels (ss 62-64).

Part 4 of the Act contains the planning controls on brothels. Under the Act, the local council (or other relevant responsible authority) can issue permits to operate a brothel to licensees or persons exempt from requiring a licence. Before granting a permit the local council must consider whether the operation of a brothel is appropriate for the area with reference to the considerations outlined in the Act (s 73).

In summary, there are essentially three means by which sex work is currently controlled in Victoria: offences under the Sex Work Act 1994 enforceable by Victoria Police and CAV, and referrable to those agencies by the Authority; licensing controls and management enforceable by the Authority and CAV; and planning restrictions controlled by local councils.

Despite these controls a number of issues regarding the industry have received media attention in recent years, particularly with regard to the operation of illegal brothels and instances of human trafficking in both licensed and unlicensed brothels. [footnote33]

Unlicensed Brothels and Illegal Activity

In the years after the Victoria Police Vice Squad was disbanded in the late 1990s, there was a degree of uncertainty with regard to whether unlicensed brothels were the responsibility of Victoria Police, CAV or local councils.[footnote34] Prior to the amendments to the Act introduced in 2008, local councils had resorted to using private investigators to acquire evidence against illegal brothels.[footnote35] A number of cases concerning unlicensed brothels were reported in the media prior to the 2008 amendments, including one that was operating 50 metres from the offices of CAV.[footnote36] In response to these issues the 2008 Bill changed the evidentiary requirements for proving the operation of an unlicensed brothel, and placed further restrictions on the issuance of licences.[footnote37]

Although the number of unlicensed brothels operating in Victoria is unknown, media reports suggest that there could be up to 400 operating in Victoria.[footnote38] In 2010/11, Consumer Affairs conducted 41 investigations into ‘alleged unlicensed brothels’.[footnote39] According to Victoria Police statistics, from 2001/02 to 2010/11 there have been just 21 recorded offences for carrying on a business as a sex work service provider without a licence (ss 22(1) and (1A)), with only one offence recorded in the last two financial years.[footnote40]

Several media reports have raised the issue of illegal activity in the industry and the lack of enforcement. For example, The Age reported on the links between licensed brothels and organised crime.[footnote41] Further, local council enforcement officers have reportedly been involved in accepting payments from operators of illegal brothels, which are alleged to have links to organised crime syndicates.[footnote42] Evidence has also emerged implicating licensed brothels in sex slavery, and involvement by migration agents in human trafficking.[footnote43]

Human Trafficking

Human trafficking[footnote44] is a crime against humanity which predominately involves women being trafficked for the purpose of sexual exploitation.[footnote45] The issue has been high on the international agenda since the Convention Against Transnational Organised Crime was adopted by the United Nations General Assembly in November 2000.[footnote46] There are three supplementary protocols to the Convention, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Australia ratified the convention in 2004 and the protocol in 2005.[footnote47]

Due to the transnational nature of human trafficking, the Commonwealth Criminal Code Act 1995 contains most of the relevant offences pertaining to human trafficking. Division 271 has specific offences relating to human trafficking and debt bondage. In addition, division 270 contains offences regarding slavery, sexual servitude and deceptive recruiting. Other aspects of human trafficking are captured by other Commonwealth legislation, such as the Migration Act 1956 and the Proceeds of Crime Act 2002. Australia’s anti-people trafficking strategy is coordinated by an interdepartmental committee with involvement from ten other Commonwealth agencies. [footnote48]

In terms of investigation and enforcement, the AFP Transnational Sexual Exploitation and Trafficking Team (TSETT), recently renamed as the Human Trafficking Team (HTT),[footnote49] is based in Canberra with investigators in Brisbane, Sydney and Melbourne.[footnote50] From January 2004 to June 2010 HTT undertook 270 investigations and assessments of allegations relating to trafficking offences, which led to 39 referrals to the Commonwealth Director of Public Prosecutions.[footnote51] The majority of those cases ‘related to sexual servitude’. [footnote52] In the last reporting year, 2010/11, HTT initiated 38 investigations with 70 per cent of those cases relating to ‘sexual exploitation’. In the last reporting period six people had been convicted of trafficking offences. [footnote53]

In Victoria, offences that are ancillary to human trafficking are contained in the Crimes Act 1958, such as: sexual servitude (s 60AB and 60AC) and deceptive recruiting for commercial sexual services (s 60AD and 60AE). In 2010 the Drugs and Crime Prevention Committee produced a report on people trafficking for sex work, and made the following observation regarding the relationship between the Commonwealth and Victorian legislation and enforcement:

It is acknowledged however, that in a great majority of the cases matters pertaining to sex trafficking are referred to the AFP and dealt with as offences against the Commonwealth. For example, where state police come across matters related to sexual servitude rather than using the existing Victorian offence they are more likely to refer them to the AFP.[footnote54]

The Committee found that there is ‘very little understanding of the extent of trafficking into and from unlicensed brothels and between the legal and illegal sectors’.[footnote55] However, the Committee noted that human trafficking is an issue within both licensed and unlicensed brothels.[footnote56] Further, the Committee noted an Australian Institute of Criminology publication[footnote57] that found a ‘high level of interdependence between licensed and unlicensed sexual service providers’.[footnote58] The Committee’s report provides a comprehensive analysis of human trafficking, including a wide range of recommendations, and readers are directed to the report for further information on this issue. [footnote59]

Some of the issues raised by the Committee have been the subject of a recent Four Corners episode aired in Victoria. [footnote60] The Four Corners investigation, conducted jointly with The Age, found that criminal syndicates lure foreign women to Australia under false pretences and force them to work in both licensed and unlicensed brothels. Some of the licensed brothels in the investigation were managed by individuals with alleged links to organised crime. [footnote61] Victoria Police has since made the following statement with regard to the Four Corners investigation:

Currently the issue of high-risk illegal brothels in Victoria is investigated by a number of areas within Victoria Police, including local Crime Investigation Units and the Crime Department.

Victoria Police is actively looking at illegal brothels particularly in relation to links with organised crime and human trafficking, and we have had some good success in this area.

Victoria Police is in the early stages of developing, together with other agencies, a Victoria Sex Industry Strategic Management Group. [footnote62]

3. Main Provisions of the Bill

This section of the Research Brief provides an overview of the main provisions of the Sex Work and Other Acts Amendment Bill 2011. For a more comprehensive description of the Bill in its entirety, readers are directed to consult the Explanatory Memorandum.

Part 1 – Preliminary

Purposes

Clause 1 of the Bill states that the main purposes of the proposed Act are—

(a) to amend the Sex Work Act 1994—

(i) to assign and clarify responsibility for the monitoring, investigation and enforcement of provisions of that Act; and

(ii) to continue the ban on street prostitution; and

(iii) to make other miscellaneous amendments; and

(b) to amend the Confiscation Act 1997 to broaden the range of offences relating to illegal sex work to which that Act will apply; and

(c) to amend the Confiscation Amendment Act 2010—

(i) in relation to declarations of property interests and applications for exclusion from civil forfeiture; and

(ii) to extend the default commencement day of that Act.

Commencement

Clause 2 of the Bill provides that the proposed Act will come into operation on the day after the day on which it receives Royal Assent, except for Division 1 of Part 2 and Part 3 which will come into operation on a day or days to be proclaimed. If Division 1 of Part 2 and Part 3 have not come into operation before 1 October 2012, they will come into operation on that day.

Part 2 – Amendments to the Sex Work Act 1994

Division 1 – Division of functions and other matters

Definitions

Clause 3 of the Bill amends the definition of ‘disqualifying offence’ set out in section 3(1) of the Sex Work Act. The existing definition of ‘disqualifying offence’ is expressed in relation to an application for a licence and refers to the Business Licensing Authority’s role in determining whether an offence is a disqualifying offence. The new definition of ‘disqualifying offence’ does not include these parts of the existing definition, and simply states that ‘disqualifying offence’ means ‘an indictable offence’ or ‘an offence which, if committed in Victoria would have been an indictable offence’.

Functions of Director

Clause 5 of the Bill amends section 26 of the Sex Work Act, which sets out the functions of the Director of Consumer Affairs Victoria in regard to the Act. Clause 5 clarifies the functions of the Director and provides additional details about those functions.

Clause 5(1) substitutes the existing section 26(a) of the Act with a new, extended section 26(a). The new section 26(a) provides that the Director will monitor compliance with and investigate and prosecute alleged contraventions of specific provisions in Part 2 of the Act (to do with the activities of businesses carried on by licensed sex work service providers); offences under Part 3 of the Act (to do with the licensing scheme for sex work service providers – other than specified offences of not holding a licence); administrative offences under part 6 of the Act; and offences against the regulations made under the Act.[footnote63] According to the Explanatory Memorandum, this ensures that:

CAV will retain powers to bring proceedings for offences related to the licensing scheme for sex work providers (other than specified offences of not holding a licence), and will remain primarily responsible for monitoring the compliance of persons licensed under the Act. [footnote64]

Clause 5(1) of the Bill also inserts new paragraphs (ab) and (ac) into section 26 of the Act. New paragraph 26(ab) provides that a function of the Director of CAV is to refer matters to the Chief Commissioner of Police when they involve: a contravention of a provision of the Act for which the Director has no prosecutorial functions; the operation of a brothel without a planning permit; or organised crime. New paragraph 26(ac) provides that the Director needs to supply the Chief Commissioner with all the information relevant to the referred matter.

Clause 5(2) of the Bill amends section 26(b) of the Act which provides that one of the functions of the Director is to liaise with and assist the Business Licensing Authority and the police force. Clause 5(2) inserts new paragraph 26(ba) which adds that it is a function of the Director to coordinate its functions under paragraph 26(a) with the functions of the police force in relation to sex work.

Circumstances in which Authority must refuse licence application

Clause 6 of the Bill amends section 37(1) of the Act so as to ‘tighten restrictions on persons with serious criminal backgrounds entering the sex work industry’.[footnote65] Clause 6 substitutes section 37(1)(b) of the Act with a new section 37(1)(b). The existing section 37(1)(b) states that the Business Licensing Authority must refuse to grant a licence to a person whom it is satisfied — has within the preceding 5 years, been convicted or found guilty of a disqualifying offence. The new section 37(1)(b) instead states that the Authority must refuse to grant a licence to a person to whom it is satisfied — has been convicted or found guilty of a disqualifying offence that renders the grant of a licence to that person against the public interest, having regard to, the nature of the offence, and the date on which the offence was committed.

New sections 78A, 78B and 78C inserted

Clause 9 of the Bill inserts new sections 78A, 78B and 78C into the Sex Work Act. New sections 78A and 78B provide police members with entry powers to search premises that are suspected of being brothels operating without a permit (in contravention of section 126 of the Planning and Environment Act 1987). New Section 78C provides for the admissibility of evidence obtained under an entry authority in proceedings for an offence against section 126 of the Planning and Environment Act.[footnote66]

Declaration of proscribed brothel

Clause 10 of the Bill amends section 80 of the Sex Work Act which deals with the circumstances in which the Magistrates’ Court may declare premises to be a proscribed brothel. According to the Explanatory Memorandum, the clause 10 amendments remove impediments to police seeking declarations of proscribed brothels.[footnote67]

Who may bring proceedings for offences?

Clause 11 of the Bill amends section 86 of the Sex Work Act, which deals with who may bring proceedings for offences against the Act. Clause 11(1) substitutes the existing section 86(1) with a new section 86(1) and adds new subsection 86(1A).The existing section 86(1) provides that proceedings may only be brought by the Director of CAV, a person authorised by the Director, or by a member of the police force.

The new section 86(1) provides that, subject to subsection 86(1A), proceedings for an offence against the Act or regulations may only be brought by a member of the police force. New subsection 86(1A) then provides that proceedings for an offence against a provision referred to in section 26(a) or regulations may be brought by the Director, or a person authorised by the Director.

Clause 11(2) of the Bill substitutes existing section 86(3) of the Act with new section 86(3). The existing section 86(3) provides that subsection (1) does not apply to proceedings for an indictable offence. The new section 86(3) includes a reference to new subsection (1A) and provides that subsections (1) and (1A) do not apply to a proceeding for an indictable offence in which a direct indictment is filed.

Division 2 —Banning Notices

Report by Chief Commissioner and Sunset Provision

Clauses 14 and 15 of the Bill amend sections 21L and 21M within Part 2A of the Sex Work Act. Part 2A of the Act provides for the issue of banning notices by relevant police members against persons reasonably suspected of inviting or soliciting a person to offer sex work services in a declared area. Part 2A commenced operation on 1 January 2011 and is due to sunset on 1 January 2012.[footnote68]

Clause 14 amends section 21L of the Act to amend the reporting requirements for the Chief Commissioner of Police to the Minister in relation to the operation of Part 2A, including providing for the requirement to submit an annual report.

Clause 15 of the Bill amends section 21M to provide for the continuation of the operation of Part 2A until 1 January 2014. It thus provides for the continuation of the ban on street prostitution by extending the banning notice regime for a further two years.

Part 3 — Amendments to the Confiscation Act 1997

The Statement of Compatibility for the Bill explains that the Confiscation Act 1997 ‘provides for the confiscation of the proceeds and instruments of crime and property suspected to be tainted in relation to serious criminal activity’.[footnote69] Clauses 16, 17 and 18 of the Bill make amendments to the Confiscation Act in order to broaden the range of offences relating to illegal sex work to which the Act will apply. Notably, clause 17 amends Schedule 2 to the Confiscation Act to include sexual servitude offences under the Crimes Act 1958.

Part 4 — Amendments to the Confiscation Amendment Act 2010

Clauses 19 to 24 of the Bill amend the Confiscation Amendment Act 2010 in relation to declarations of property interests and applications for exclusion from civil forfeiture, and to change the default commencement day of the Act from 1 January 2012 to 1 April 2012. [footnote70]

4. Stakeholder Views

This section of the Research Brief provides an overview of published stakeholder views on the Sex Work and Other Acts Amendment Bill 2011.

The Municipal Association of Victoria (MAV) said in a news release that it welcomed the Government’s new Bill to make Victoria Police the lead agency responsible for enforcing laws against illegal brothels. The MAV president, Cr Bill McArthur said that current legislation has been ‘relying too heavily on the powers of authorised council officers to investigate permit requirements of planning schemes’. He went on to say that taking action against illegal brothels overlaps a number of jurisdictions and successful outcomes usually requires collaboration between several authorities including police, councils, consumer affairs, immigration and health authorities.

He stated that this was recognised by the State Government’s introduction of a multi-agency taskforce, and ‘will be further strengthened by the new laws’. He also commented on adequate resourcing by agencies to support the police effort, calling for ‘sufficient capacity within each enforcement agency to contribute to a partnership approach that delivers stronger enforcement action against illegal brothels’. [footnote71]

The Age newspaper reported that Kelly Hinton, the executive director of Project Respect, a community-based outreach service supporting women in the sex industry, said of the Bill, that it was a ‘start’, and that ‘if the police are properly trained, supported and rotated then it could work’. [footnote72] Project Respect also called on the State Government to begin to tackle the issue of the trafficking of women in the sex trade and to implement the recommendations of the Victorian Parliament’s Drugs and Crime Prevention Committee’s Inquiry into People Trafficking into Sex Work.[footnote73]

It was reported in The Age newspaper that Janelle Fawkes, chief executive of the sex workers’ association Scarlett Alliance, regarded the Bill as ‘a return to the days of the vice squad’. According to Ms Fawkes, ‘One of the key reasons the role of police in regulating the sex industry was reduced in the ‘90s was because of unacceptably high levels of police corruption’.[footnote74]

The Coalition Against Trafficking in Women Australia (CATWA), a feminist human rights nongovernmental organisation that works to oppose all forms of sexual exploitation, criticised the Bill for being ‘unlikely to meaningfully improve the situation for trafficked women’. A CATWA media release on the Bill, recommended the Nordic model of criminalising the buying of sexual services and offering support and exit programs to all women in the sex industry (see the ‘Other Jurisdictions- Sweden’ section of this Research Brief for further information), stating that this model is internationally recognised as the most effective program for combating sex trafficking. According to CATWA, the Bill applies cosmetic changes to the original legislation ‘while maintaining a system of prostitution that benefits the burgeoning sex industry and buyers of prostituted women’. [footnote75]

Finally, commenting on the Bill in an Age newspaper article, the Australian Adult Entertainment Industry was reported to have called for a cap on the number of legal brothels and escort agencies.[footnote76]

5. Other Jurisdictions

This section of the Research Brief focuses on three jurisdictions, New South Wales, Queensland and Sweden, which have all developed different approaches to regulating sex work. New South Wales and Queensland have both legalised aspects of sex work but have adopted significantly different regulatory regimes. The international jurisdiction of Sweden has been included as it was the first to aim to decrease its sex work industry by prohibiting the purchase, but not the sale, of sexual services.

For information about other Australian jurisdictions, readers are directed to ‘Prostitution Control and Other Matters Amendment Bill 2008’, D-Brief No. 7, by Rachel Macreadie of the Victorian Parliamentary Library.

Australian Jurisdictions

New South Wales

In NSW, the common law offence of ‘keeping a brothel’ was abolished in 1995.[footnote77] Some street sex work has also been decriminalised.[footnote78] There is currently no licensing system for brothels in NSW although the Coalition announced its intention to establish a Brothel Licensing Authority prior to the last state election.[footnote79] In order to open a legal brothel in NSW, only town planning permission is currently required. [footnote80]

Role of Local Councils

Under section 121ZR of the Environmental Planning and Assessment Act 1979, councils (and certain other bodies who exercise regulatory or planning functions) are empowered to issue an order, known as a ‘brothel closure order’, to close unlawful brothels. If a person fails to comply with a brothel closure order, the council may apply to the court to make a ‘utilities order’ which directs the provider of water, electricity or gas to the premises to cease supply (s 121ZS). If a person has previously been found guilty of an offence of failing to comply with a brothel closure order, the court must take into account the fact of the previous offence as an aggravating factor and impose a higher sentence than would otherwise be imposed (s 126(4)).

In addition, section 17 of the Restricted Premises Act 1943 allows councils to apply to the court to have a brothel (which is either lawful or unlawful) closed where there are sufficient complaints from the community.

Role of the NSW Police

Under section 21 of the Summary Offences Act 1988, NSW Police may apply to an authorised officer (for example, a magistrate) for a search warrant if they have reasonable grounds for believing that: prostitution or soliciting is occurring in premises being used as a massage parlour, a facility for physical exercise, a sauna or steam bath, a photographic studio or for services of a like nature; or a person is allowing premises (such as a massage parlour etc.) to be used for the purposes of a brothel.

Queensland

To establish and operate a brothel lawfully in Queensland, a person requires local authority planning approval as well as a brothel licence obtained from the Prostitution Licensing Authority.[footnote81] The Prostitution Licensing Authority was established under the Prostitution Act 1999 and is the key government agency responsible for implementing the Act and regulating prostitution in Queensland.[footnote82] The illegal sex industry in Queensland is subject to theCriminal Code Act 1899 and is policed by the Prostitution Enforcement Task Force within Queensland Police. [footnote83]

Role of the Prostitution Licensing Authority

The Prostitution Licensing Authority has a number of functions. Its primary function is to determine brothel licence applications and ‘approved brothel manager’ certificates. The Authority is also responsible for monitoring the provision of sex work through licensed brothels. Compliance officers conduct regular audits as well as both announced and unannounced inspections of licensed brothels. A further function of the Authority is to receive complaints about prostitution. As the Authority does not have the capacity to investigate complaints alleging illegal activities, it refers such complaints to the Queensland Police.[footnote84]

The Authority also has the ability to conduct disciplinary inquiries of brothel licensees or approved brothel managers and to take disciplinary action where necessary.[footnote85]

Role of the Queensland Police

The Prostitution Enforcement Task Force, which is part of Queensland Police, has the primary role of enforcing laws relating to illegal prostitution under the Criminal Code.[footnote86] The Task Force also works with the Prostitution Licensing Authority to undertake probity checks of applicants for brothel licences or managers’ certificates. [footnote87]

In addition, under section 59 of the Prostitution Act, police officers of at least the rank of inspector, or police officers who are authorised by an officer of at least the rank of inspector, ‘may at any time when premises used as a licensed brothel are open for business enter the premises’. [footnote88] Under section 60, after the police have lawfully entered a licensed brothel, they may inspect the premises and with written authorisation from the Prostitution Licensing Authority, police may:

(a) inspect, photograph or copy anything required to be kept under this Act;

(b) take possession of a document or thing, if the document or thing is evidence of the commission of an offence against this Act;

(c) require the licensee or approved manager to produce stated documents or things for inspection;

(d) require the licensee or approved manager to give the police officer reasonable help.

Under section 61, police officers who have entered a licensed brothel must inform the Authority as soon as practicable with the particulars of the brothel entered as prescribed by the Prostitution Regulation 2000.

International Jurisdictions

Sweden

In 1999, Sweden became the first country in the world to criminalise the purchase, but not the sale, of sexual services (Norway and Iceland have since adopted the ban).[footnote89] The measure was part of a Government Bill on Violence against Women. According to the Bill, the issue of men purchasing sexual services (usually from women) was closely related to violence against women and gender inequality.[footnote90] Prohibiting the purchase of sexual services aimed to decrease prostitution by decreasing the demand. A recent evaluation report about the prohibition states:

It was expected that criminalisation would have a deterrent effect on prospective purchasers of sex and serve to reduce the interest of various groups or individuals abroad in establishing more extensive organised prostitution activities in Sweden, which would have an inhibitory effect on the prevalence of prostitution here.[footnote91]

The prohibition of the purchase of sexual services is contained in chapter 6, section 11 of the Penal Code. [footnote92]

Last year, the Swedish Government ordered an Inquiry, to be chaired by the Swedish Chancellor of Justice, Anna Skarhed, to evaluate the impacts of the sex purchase ban on the sex industry in Sweden. Although the report of the Inquiry acknowledged that, in some cases, the empirical surveys used had limited scope, it stated that ‘the results we are presenting based on this data give, in our view, as clear a picture as is currently possible to produce’.[footnote93] The results showed: that since the ban’s introduction, street prostitution in Sweden had halved;[footnote94] that although internet prostitution had increased in Sweden, the increase reflected a similar trend in surrounding jurisdictions and was not indicative of a move from street prostitution to internet prostitution; [footnote95] and that, in contrast to other Nordic countries, prostitution had not increased overall in Sweden.[footnote96] The Inquiry also cited advice from the National Criminal Police indicating that, ‘it is clear that the ban on the purchase of sexual services acts as a barrier to human traffickers and procurers considering establishing themselves in Sweden’.[footnote97]

References

Relevant Legislation

Confiscation Act 1997 (Vic)

Confiscation Amendment Act 2010 (Vic)

Criminal Code Act 1899 (Qld)

Environmental Planning and Assessment Act 1979 (NSW)

Prostitution Act 1999 (Qld)

Restricted Premises Act 1943 (NSW)

Sex Work Act 1994 (Vic)

Summary Offences Act 1988 (NSW)

Bibliography

ABC Television (2011) ‘Sex Slavery’, Four Corners, online transcript, October 13, viewed 21 October 2011, < http://www.abc.net.au/4corners/stories/2011/10/06/3333668.htm>.

Australian Federal Police (2011) ‘Stopping Human Trafficking’, AFP website, viewed 21 October 2011, < http://www.afp.gov.au/policing/human-trafficking.aspx>.

Anti-People Trafficking Interdepartmental Committee (2010) Trafficking in Persons: The Australian Government Response 1 May 2009 – 30 June 2010, Attorney-General’s website, viewed 21 October 2011, < http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(8AB0BDE05570AAD0EF9C283AA8F533E3)~Trafficking+in+Persons+2009-10_web.pdf/$file/Trafficking+in+Persons+2009-10_web.pdf >.

Australian Government (2009) ‘People Trafficking’, Attorney-General’s website, viewed 21 October 2011, < http://www.ag.gov.au/peopletrafficking>.

Beck, M. (2011) ‘Baillieu’s Brothel Bill Under Fire From Critics’, theage.com.au, viewed 18 October 2011, < http://www.theage.com.au/victoria/baillieus-brothel-bill-under-fire-from-critics-20111012-1ll3t.html >.

Beck, M. & J. Gordon (2011) ‘New Laws to Tackle Criminality in Sex Industry’, theage.com.au, 12 October, viewed 21 October, < http://www.theage.com.au/victoria/new-laws-to-tackle-criminality-in-sex-industry-20111011-1lj8m.html >.

Beck, M. and N. McKenzie (2011) ‘Migration Agents to Face Scrutiny Over Sex Slaves’, theage.com.au, 15 October, viewed 21 October 2011, < http://www.theage.com.au/national/migration-agents-to-face-scrutiny-over-sex-slaves-20111014-1lpcm.html >.

Coalition Against Trafficking in Women Australia (2011) CATWA Slams New Sex Work Amendment Bill as “Massaging the Sordid Reality” of Prostitution and Trafficking, Media Release, viewed 18 October 2011, <http://www.catwa.org.au/>.

Consumer Affairs Victoria (2011) ‘Annual Report 2010-11: Taking Action on Non-Compliance’, CAV website, viewed 21 October 2011, < http://annualreport.consumer.vic.gov.au/chapter3/non-compliance.html >.

Crime and Misconduct Commission (2011) Regulating Prostitution – A Follow-Up Review of the Prostitution Act 1999, Brisbane, CMC, viewed 19 October 2011, <http://www.cmc.qld.gov.au/asp/index.asp?pgid=10911>.

Cumpston, J.H.L. (1989) Health and Disease in Australia: A History, Canberra, Australian Government Publishing Service.

David, F. (2008) ‘Trafficking of Women for Sexual Purposes’, Australian Institute of Criminology, Public Policy Series, no. 95, viewed 21 October 2011, < http://www.aic.gov.au/publications/current%20series/rpp/81-99/rpp95.aspx >.

Drugs and Crime Prevention Committee (2010) Inquiry into People Trafficking for Sex Work: Final Report, Melbourne, The Committee, June, viewed 21 October, < http://library.parliament.vic.gov.au/govpub/VPARL2006-10No312.pdf >.

Hinton, K. (2011) ‘Sex Traffickers Exploiting Women, and Law, as State Fails to Act’, smh.com.au, National Times, viewed 18 October 2011, < http://www.smh.com.au/opinion/society-and-culture/sex-traffickers-exploiting-women-and-law-as-state-fails-to-act-20111010-1lhgl.html >.

Houston, C. (2011) ‘Council Targeted in Illegal Brothels Probe’, theage.com.au, 16 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/baillieus-brothel-bill-under-fire-from-critics-20111012-1ll3t.html >.

Macreadie, R. (2008) ‘Prostitution Control and Other Matters Amendment Bill 2008’, D-Brief, no. 7, Melbourne, Victorian Parliamentary Library, viewed 21 October 2011, < http://library.parliament.vic.gov.au/serial/VPARLDBrief2008No7.pdf >.

McDonald, I. (ed.) (2004) ‘Current Developments – Criminalising ‘Punters’: Evaluating the Swedish Position on Prostitution’, Journal of Social Welfare and Family Law, vol. 26, no. 2, pp. 195-210.

McKenzie, N. (2011) ‘Legal Brothel’s Sex Slavery Links’, theage.com.au, 10 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/legal-brothels-sex-slavery-links-20111009-1lfy0.html >.

Municipal Association of Victoria (MAV) (2011) ‘Tougher Illegal Brothel Laws Welcomed’, MAV News, viewed 18 October 2011, < http://www.mav.asn.au/News/Pages/Tougher-illegal-brothel-laws-welcomed-(13-Oct).aspx >.

Neave, M. (1994) ‘Prostitution Laws in Australia: Past History’ in R. Perkins et al. Sex Work and Sex Workers in Australia, Sydney, UNSW Press.

NSW Government Department of Planning (2007) ‘Commencement of Brothels Act 2007’, Planning Circular PS 07-017, 3 October 2007, viewed 18 October 2011, < http://www.planning.nsw.gov.au/PolicyandLegislation/Circularsandguidelines/PlanningSystemCirculars/tabid/81/language/en-AU/Default.aspx >.

NSW Shadow Minister for Intergovernmental Relations (2010) ‘NSW Libs and Nats to Crackdown on Illegal Brothels’, Media Release, 22 December, viewed 20 October 2011, < http://www.nsw.liberal.org.au/news/inter-govt-relations/nsw-libs-and-nats-to-crackdown-on-illegal-brothels >.

Office of Police Integrity (2007) Past Patterns-Future Directions: Victoria Police and the Problem of Corruption and Serious Misconduct, Victorian Government Printer, Melbourne.

Perkins, R. (1991) ‘Working Girls: Prostitutes, their Life and Social Control’, Australian Institute of Criminology, viewed 21 October 2011, < http://www.aic.gov.au/publications/previous%20series/lcj/1-20/working.aspx >.

Queensland Government (2007) The Prostitution Licensing Authority (PLA), fact sheet, viewed 21 October 2011, < http://www.pla.qld.gov.au/reportsPublications/FactSheets.htm>.

Queensland Government (2007) Prostitution Enforcement Task Force, fact sheet, viewed 24 October 2011, < http://www.pla.qld.gov.au/reportsPublications/FactSheets.htm>.

Queensland Government (2011) ‘Establishing a Brothel’, Prostitution Licensing Authority website, viewed 19 October 2011, < http://www.pla.qld.gov.au/brothels/establishingBrothel.htm>.

Schloenhardt, A. & Human Trafficking Working Group (2009) Happy Birthday, Brothels! Ten Years of Prostitution Regulation in Queensland, Brisbane, University of Queensland, viewed 21 October 2011, < http://www.law.uq.edu.au/human-trafficking-reports-and-presentations >.

Statens Offentliga Utredningar (2010) Prohibition Against Purchase of Sexual Service, An Evaluation 1999 – 2008 [English Summary], Sweden, Government Offices of Sweden, viewed 21 October 2011, < http://www.regeringen.se/sb/d/13358/a/149231>.

Sullivan, B. (1997) The Politics of Sex, Melbourne, Cambridge University Press.

Sullivan, B. (2010) ‘When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia’, Journal of Law and Society, vol. 37, no. 1, pp. 85-104.

Tomazin, F. (2011) ‘Police Get More Power to Fight Illegal Sex Trade’, theage.com.au, 9 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/police-to-get-more-power-to-fight-illicit-sex-trade-20111008-1lf41.html >.

UN Global Trends UNODC (2006) Trafficking in Persons: Global Patterns, Vienna, United Nations, viewed 21 October 2011, < http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf >.

United Nations Office on Drugs and Crime (2011) ‘United Nations Convention Against Transnational Organized Crime and its Protocols’, UNODC website, viewed 21 October 2011, < http://www.unodc.org/unodc/en/treaties/CTOC/index.html>.

Victoria Police (2011) ‘Offences Recorded by Offence Code 2001/02 – 2010/2011’, Victoria Police website, viewed 21 October 2011, < http://www.police.vic.gov.au/content.asp?a=internetBridgingPage&Media_ID=72209 >.

Victoria Police (2011) Statement to Four Corners from Victoria Police, Media Release, 7 October, viewed 21 October 2011, < http://www.abc.net.au/4corners/documents/traffick2011/statement_vic_police.pdf >.

Waltman, M. (2011) ‘Sweden’s Prohibition of Purchase of Sex: The Law’s Reasons, Impact and Potential’, Women’s Studies International Forum, vol. 34, pp. 449 – 474.

Winter, M. (1976) Prostitution in Australia, Balgowlah, Purtaboi Publications.


© 2011 Library, Department of Parliamentary Services, Parliament of Victoria

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of Parliamentary Services, other than by Members of the Victorian Parliament in the course of their official duties.

Research Service

This paper has been prepared by the Research Service for use by Members of the Victorian Parliament. The Service prepares briefings and publications for Parliament in response to Members, and in anticipation of their requirements, undertaking research in areas of contemporary concern to the Victorian legislature. While it is intended that all information provided is accurate, it does not represent professional legal opinion.

Research publications present current information as at the time of printing. They should not be considered as complete guides to the particular subject or legislation covered. The views expressed are those of the author(s).

Authors

Adam Delacorn, Dr Catriona Ross, Bronwen Merner and Bella Lesman

Research Officers

Victorian Parliamentary Library

Enquiries

Enquiries should be addressed to:

Bella Lesman

Statistical Research Analyst

Victorian Parliamentary Library

Parliament House

Spring Street, Melbourne

Telephone (03) 8682 2792

Facsimile (03) 9654 1339



[1] Victoria, Legislative Assembly (2011) Debates, Book 14, 12 October, p. 3672.

[2] ibid.

[3] ibid.

[4] ibid.

[5] ibid.

[6] ibid.

[7] ibid., p. 3673.

[8] ibid.

[9] ibid.

[10] ibid.

[11] ibid.

[12] M. Neave (1994) ‘Prostitution Laws in Australia: Past History’ in R. Perkins et al. Sex Work and Sex Workers in Australia, Sydney, UNSW Press, p. 68.

[13] ibid.

[14] Victoria, Legislative Assembly (2009) Debates, Book 15, 26 November, p. 4328.

[15] J.H.L. Cumpston (1989) Health and Disease in Australia: A History, Canberra, Australian Government Publishing Service, p. 258.

[16] R. Perkins (1991) ‘Working Girls: Prostitutes, their Life and Social Control’, Australian Institute of Criminology, viewed 21 October 2011, < http://www.aic.gov.au/publications/previous%20series/lcj/1-20/working.aspx >.

[17] B. Sullivan (1997) The Politics of Sex, Melbourne, Cambridge University Press, pp. 50-52.

[18] For example, Annie Wilson, Madame Brussels, Maud Miller, May Baker, Biddy O’Connor and Mother Fraser. See M. Winter (1976) Prostitution in Australia, Balgowlah, Purtaboi Publications, p. 40.

[19] ibid., p. 41.

[20] Sullivan (1997) op. cit., pp. 152-153.

[21] ibid.

[22] Neave (1994) op. cit., p. 81.

[23] ibid.

[24] For further details on this period see R. Macreadie (2008) ‘Prostitution Control and Other Matters Amendment Bill 2008’, D-Brief, no. 7, Melbourne, Victorian Parliamentary Library, viewed 21 October 2011, < http://library.parliament.vic.gov.au/serial/VPARLDBrief2008No7.pdf >.

[25] ibid.

[26] Neave (1994) op. cit., pp. 82-84.

[27] ibid.

[28] ibid., p. 83.

[29] M. Neave (1985) Inquiry into Prostitution: Final Report, Melbourne, Victorian Government.

[30] For a more detailed discussion of these changes see Macreadie (2008) op. cit.

[31] See Macreadie (2008) op. cit.

[32] Section 6 of the Sex Work Act 1994 prohibits a person from receiving a payment that has been derived, directly or indirectly, from sexual services provided by a child. However, there is no similar offence with regard to adults.

[33] For example see ABC Television (2011) ‘Sex Slavery’, Four Corners, online transcript, October 13, viewed 21 October 2011, < http://www.abc.net.au/4corners/stories/2011/10/06/3333668.htm>.

[34] Macreadie (2008) op. cit., p. 6.

[35] ibid.

[36] ibid., p. 7.

[37] ibid. pp. 7-11.

[38] F. Tomazin (2011) ‘Police Get More Power to Fight Illegal Sex Trade’, theage.com.au, 9 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/police-to-get-more-power-to-fight-illicit-sex-trade-20111008-1lf41.html >.

[39] In the same financial year there were 185 investigations and inspections of licensed brothels. See Consumer Affairs Victoria (2011) ‘Annual Report 2010-11: Taking Action on Non-Compliance’, CAV website, viewed 21 October 2011, < http://annualreport.consumer.vic.gov.au/chapter3/non-compliance.html >.

[40] Victoria Police (2011) ‘Offences Recorded by Offence Code 2001/02 – 2010/2011’, Victoria Police website, viewed 21 October 2011, < http://www.police.vic.gov.au/content.asp?a=internetBridgingPage&Media_ID=72209 >.

[41] M. Beck and J. Gordon (2011) ‘New Laws to Tackle Criminality in Sex Industry’, theage.com.au, 12 October, viewed 21 October, < http://www.theage.com.au/victoria/new-laws-to-tackle-criminality-in-sex-industry-20111011-1lj8m.html >.

[42] C. Houston (2011) ‘Council Targeted in Illegal Brothels Probe’, theage.com.au, 16 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/baillieus-brothel-bill-under-fire-from-critics-20111012-1ll3t.html >.

[43] Houston (2011) op. cit.; M. Beck & N. McKenzie (2011) ‘Migration Agents to Face Scrutiny Over Sex Slaves’, theage.com.au, 15 October, viewed 21 October 2011, < http://www.theage.com.au/national/migration-agents-to-face-scrutiny-over-sex-slaves-20111014-1lpcm.html >; ABC Television (2011) op. cit.

[44] Human trafficking involves the forced transportation of persons for the purpose of exploitation. It should be clearly distinguished from people smuggling which usually takes place with the consent of the person being smuggled without any subsequent exploitation. See UNODC (2006) Trafficking in Persons: Global Patterns, Vienna, United Nations, viewed 21 October 2011, p. 52, < http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf >.

[45] ibid., p. 33.

[46] United Nations Office on Drugs and Crime (2011) ‘United Nations Convention Against Transnational Organized Crime and its Protocols’, UNODC website, viewed 21 October 2011, < http://www.unodc.org/unodc/en/treaties/CTOC/index.html>.

[47] Australian Government (2009) ‘People Trafficking’, Attorney-General’s website, viewed 21 October 2011, < http://www.ag.gov.au/peopletrafficking>.

[48] AusAID; Australian Crime Commission; Australian Federal Police; Australian Institute of Criminology; Commonwealth Director of Public Prosecutions; Department of Education, Employment and Workplace Relations; Department of Foreign Affairs and Trade; Department of Immigration and Citizenship; Department of the Prime Minister and Cabinet; and Office for Women in the Department of Families, Housing, Community Services and Indigenous Affairs.

[49] See AFP (2011) ‘Stopping Human Trafficking’, AFP website, viewed 21 October 2011, < http://www.afp.gov.au/policing/human-trafficking.aspx>.

[50] Anti-People Trafficking Interdepartmental Committee (2010) Trafficking in Persons: The Australian Government Response 1 May 2009 30 June 2010, Attorney-General’s website, p. 22, < http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(8AB0BDE05570AAD0EF9C283AA8F533E3)~Trafficking+in+Persons+2009-10_web.pdf/$file/Trafficking+in+Persons+2009-10_web.pdf >.

[51] ibid. p. 25.

[52] ibid.

[53] ibid. p. 31.

[54] Drugs and Crime Prevention Committee (2010) Inquiry into People Trafficking for Sex Work: Final Report, Melbourne, The Committee, June, p. 88, viewed 21 October, < http://library.parliament.vic.gov.au/govpub/VPARL2006-10No312.pdf >.

[55] ibid., p. 133.

[56] ibid.

[57] F. David (2008) ‘Trafficking of Women for Sexual Purposes’, Australian Institute of Criminology, Public Policy Series, no. 95, viewed 21 October 2011, < http://www.aic.gov.au/publications/current%20series/rpp/81-99/rpp95.aspx >.

[58] Drugs and Crime Prevention Committee (2010) op. cit., p. 133.

[59] ibid. The Chair of the Committee, Judy Maddigan was reported in The Age newspaper as saying in response to the Bill, that sex trafficking was about social welfare, not just law enforcement and that the Committee recommended that the Attorney-General's Department rather than police were put in charge of brothel regulation, because most victims of slavery or debt bondage came from countries where people were ''scared stiff of police''.

M. Beck (2011) ‘Baillieu’s Brothel Bill Under Fire From Critics’, theage.com.au, viewed 10 October 2011, < http://www.theage.com.au/victoria/baillieus-brothel-bill-under-fire-from-critics-20111012-1ll3t.htm l>.

[60] ABC Television (2011) op. cit.

[61] N. McKenzie (2011) ‘Legal Brothel’s Sex Slavery Links’, theage.com.au, 10 October, viewed 21 October 2011, < http://www.theage.com.au/victoria/legal-brothels-sex-slavery-links-20111009-1lfy0.html >.

[62] Victoria Police (2011) Statement to Four Corners from Victoria Police, Media Release, 7 October, viewed 21 October 2011, < http://www.abc.net.au/4corners/documents/traffick2011/statement_vic_police.pdf >.

[63] Explanatory Memorandum, pp. 3-4.

[64] ibid., p. 4.

[65] Victoria, Legislative Assembly (2011) op. cit., p. 3668.

[66] Explanatory Memorandum, p. 5.

[67] ibid, p. 6.

[68] Victoria, Legislative Assembly (2011) op. cit.

[69] ibid., p. 3669

[70] ibid., p. 3668.

[71] Municipal Association of Victoria (MAV) (2011) ‘Tougher Illegal Brothel Laws Welcomed’, MAV News, viewed 18 October 2011, < http://www.mav.asn.au/News/Pages/Tougher-illegal-brothel-laws-welcomed-(13-Oct).aspx >.

[72] M. Beck (2011) op. cit.

[73] See the following article for a list of steps that Project Respect would like the State Government to take: K. Hinton (2011) ‘Sex Traffickers Exploiting Women, and Law, as State Fails to Act’, smh.com.au, National Times, viewed 18 October 2011, < http://www.smh.com.au/opinion/society-and-culture/sex-traffickers-exploiting-women-and-law-as-state-fails-to-act-20111010-1lhgl.html >.

[74] Beck (2011) op. cit. For more information about corruption involving the Vice Squad see Office of Police Integrity (2007) Past Patterns-Future Directions: Victoria Police and the Problem of Corruption and Serious Misconduct, Melbourne, Victorian Government Printer, pp. 65-67.

[75] Coalition Against Trafficking in Women Australia (2011) CATWA Slams New Sex Work Amendment Bill as “Massaging the Sordid Reality” of Prostitution and Trafficking, Media Release, viewed 18 October 2011, <http://www.catwa.org.au/>.

[76] Houston (2011) op. cit.

[77] NSW Government Department of Planning (2007) ‘Commencement of Brothels Act 2007’, Planning Circular PS 07-017, 3 October 2007, p. 1, viewed 18 October 2011, < http://www.planning.nsw.gov.au/PolicyandLegislation/Circularsandguidelines/PlanningSystemCirculars/tabid/81/language/en-AU/Default.aspx >.

[78] B. Sullivan (2010) ‘When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia’, Journal of Law and Society, vol. 37, no. 1, p. 85.

[79] NSW Shadow Minister for Intergovernmental Relations (2010) ‘NSW Libs and Nats to Crackdown on Illegal Brothels’, Media Release, 22 December, viewed 20 October 2011, < http://www.nsw.liberal.org.au/news/inter-govt-relations/nsw-libs-and-nats-to-crackdown-on-illegal-brothels >.

[80] Sullivan (2010) op. cit., p. 97.

[81] Queensland Government (2011) ‘Establishing a Brothel’, Prostitution Licensing Authority website, viewed 19 October 2011, < http://www.pla.qld.gov.au/brothels/establishingBrothel.htm>.

[82] Queensland Government (2007) The Prostitution Licensing Authority (PLA), fact sheet, viewed 21 October 2011, < http://www.pla.qld.gov.au/reportsPublications/FactSheets.htm>.

[83] Crime and Misconduct Commission (2011) Regulating Prostitution – A Follow-Up Review of the Prostitution Act 1999, Brisbane, CMC, p. 1, viewed 19 October 2011, <http://www.cmc.qld.gov.au/asp/index.asp?pgid=10911 >.

[84] Queensland Government (2007) The Prostitution Licensing Authority (PLA), op. cit.

[85] ibid.

[86] Queensland Government (2007) Prostitution Enforcement Task Force, fact sheet, viewed 24 October 2011, < http://www.pla.qld.gov.au/reportsPublications/FactSheets.htm>.

[87] ibid.

[88] Schloenhardt et al. state that limiting these provisions to police officers of the rank of inspector or above was designed to ‘limit the vulnerability of police officers to corruption and collusion between brothel owners and police’. A. Schloenhardt & Human Trafficking Working Group (2009) Happy Birthday, Brothels! Ten Years of Prostitution Regulation in Queensland, Brisbane, University of Queensland, p. 16, viewed 21 October 2011, < http://www.law.uq.edu.au/human-trafficking-reports-and-presentations >.

[89] SOU (Statens Offentliga Utredningar) (2010) Prohibition Against Purchase of Sexual Service, An Evaluation 1999 – 2008 [English Summary], Sweden, Government Offices of Sweden, p. 29, viewed 21 October 2011, <http://www.regeringen.se/sb/d/13358/a/149231>.

[90] ibid., p. 30.

[91] ibid., p. 29.

[92] ibid.

[93] ibid., p. 34.

[94] ibid.

[95] ibid., p. 35.

[96] ibid., p. 36.

[97] ibid., p. 37. For further discussion of the Swedish model (including critiques), see, for example: I. McDonald (ed.) (2004) ‘Current Developments – Criminalising ‘Punters’: Evaluating the Swedish Position on Prostitution’, Journal of Social Welfare and Family Law, vol. 26, no. 2, pp. 195-210; M. Waltman (2011) ‘Sweden’s Prohibition of Purchase of Sex: The Law’s Reasons, Impact and Potential’, Women’s Studies International Forum, vol. 34, pp. 449 – 474.