The Queensland Parliament passed the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024, bringing about a significant change in legislation to enhance the protection and rights of sex workers in the state.
The new law not only decriminalises sex work, but also introduces new offences against child prostitution and coercive sex work. Yvette D’Ath, the Queensland Attorney-General, has voiced support for the changes stating that sex workers should no longer be forced to choose between operating legally with safety threats or safely with legal risks, but instead would now be able to operate both safely and legally.
The bill was initially introduced in February after a report from the Queensland Law Reform Commission (QLRC) highlighted significant barriers within the previous legislation for sex workers. The report pointed out that the earlier legislation, particularly the Chapter 22A (Prostitution) of the Criminal Code 1899, restricted sex work to licensed brothels or by independent, private sex workers. This meant sex workers operating in groups or soliciting on streets faced the risk of a seven-year prison sentence. It also blocked unregulated sex workers from reporting crimes committed against them.
The recent legislation permits solicitation, advertising, and group working, empowering sex workers to operate without the fear of prosecution and enabling them to report any crimes against them. Moreover, the Anti-Discrimination Act 1991 has been revised to include protection for sex workers. This amendment prevents discrimination by hotels and accommodations against sex workers on the assumption of rooms being used for sex work.
The legislation has received positive response from groups such as Respect Inc., a non-profit advocacy group in Queensland, who welcomed the changes, stating that decriminalisation and anti-discrimination protections would help convey the message that discrimination will not be tolerated.
Besides decriminalising sex work, the legislation also focuses on protecting children from sexual exploitation and coercion into sex work. Commercial sexual services obtained from anyone not an adult are now considered a crime under the new section 217A in the Criminal Code 1899.
The decriminalisation of sex work isn’t new to Australia, with other states taking lead: New South Wales in 1995, Victoria in 2022, and the Northern Territory in 2019. Yet, the move by Queensland is another stride towards reinforcing the rights and safety of sex workers in the country.