On 22 February 2022 the Sex Work Decriminalisation Act 2022 was passed by the Victorian Parliament and has become law.
The new laws recognise that sex work is legitimate work and is better regulated through standard business laws, like all other industries in the state. Every Victorian worker, no matter their industry, deserves to feel safe in their workplace.
What decriminalisation changes
Decriminalisation of sex work in Victoria occured in two stages to allow time to transition to a different model of regulation.
The first stage commenced on 10 May 2022 and included:
- the decriminalisation of street-based sex work in most locations
- the repeal of offences for working with a sexually transmitted infection and requirements to undergo regular STI testing
- the repeal of offences for individual sex workers not using safer sex practices
- the repeal of the small owner-operator sex work service provider register
- changes to advertising controls applicable to the sex work industry
- amendments to the Equal Opportunity Act 2010.
The second stage commenced on 1 December 2023 and included:
- abolishing the sex work service provider licensing system by repealing the Sex Work Act 1994
- re-enacting offences relating to children and coercion in other legislation to ensure their continued operation following repeal of the Sex Work Act 1994
- changes to planning controls to treat sex service businesses like other businesses
- the establishment of appropriate liquor controls for the sex work industry
- the repeal of brothel and escort agency provisions in the Public Health and Wellbeing Act 2008 to remove specific sex work industry controls.
The changes allow industry regulation to be managed through existing agencies, such as WorkSafe, the Department of Health and local governments. The Victorian Government will continue to work with key stakeholders including, sex workers, their peer organisations, local councils, and other key stakeholders to ensure the reforms are implemented in the best way possible.
Background to the decriminalisation of sex work in Victoria
Why was sex work decriminalised?
Decriminalisation ensures that sex work is safe work and just like any other work. It maximises sex workers' safety, health, and human rights, while also reducing stigma and fear of criminal repercussions.
Prior to 1 December 2023, sex work was regulated under a legalised model, which meant sex work was only legal if it took place under certain conditions set out in the Sex Work Act 1994.
The previous licensing system was outdated and difficult to navigate for those trying to work within it.
It meant that those without a licence, or those practising street-based sex work, were breaking the law and therefore did not have access to basic rights and entitlements.
Sex workers can be put off from engaging with support systems like healthcare providers, the justice system, or other government services because they fear being stigmatised or possibly receiving criminal penalties.
The benefits of decriminalisation
Sex workers have lived experience that demonstrates that the previous system under the Sex Work Act 1994 puts them at risk of harm and is not fit for purpose.
The Sex Work Decriminalisation Act 2022 ensures:
- sex workers have more agency to choose where they provide their services and their sexual health requirements
- sex workers are regulated like workers in any other industry to help address stigma and discrimination
- sex workers have better access to health, and legal services without fear of self-incrimination
- increased transparency to help discourage criminal infiltration of the sector
- offences relating to sex trafficking, children, coercion and other criminal activity continue to apply.
What has informed this change
In November 2019, the Victorian Government asked Fiona Patten MP to lead a review to make recommendations to the Minister for Consumer Affairs Victoria on decriminalising sex work in Victoria.
After carefully considering the review, the government decided to decriminalise sex work in Victoria.
The review consulted with a range of stakeholders to seek their views. This included: sex workers, sex worker peer organisations, legal, health and education support service providers, commercial operators and industry organisations, and workplace safety agencies, local government and Federal Government agencies, law enforcement agencies, and other community and expert organisations.
In making her recommendations, Ms Patten was asked to consider:
- all forms of sex work, including sex work in commercial brothels and escort agencies, sexual services provided in massage parlours and similar businesses, sex work by small owner-operated businesses, and street-based sex work
- workplace safety including health and safety issues and stigma and discrimination against sex workers
- regulatory requirements for operators of commercial sex work businesses
- enforcement powers required to address criminal activity in the sex work industry, including coercion, exploitation, debt bondage and slavery
- local amenity and the location of premises providing sexual services and street-based sex work
- the promotion of public health and appropriate regulation of sex work advertising
- the safety and wellbeing of sex workers, including the experience of violence that arises in the course of sex work and as a consequence of it, and worker advocacy for safety and wellbeing.
The review also looked at the decriminalisation of sex work in other jurisdictions including New Zealand and other Australian states and territories.
Public consultation
During August 2021, the Victorian Government undertook public consultation on the proposed model for the decriminalisation of sex work in Victoria. The consultation period has now closed. For further information on the consultation you can visit Engage Victoria.
More information
Please see below for links to important regulators and other support services for the sex work industry:
- The Department of Health is responsible for public health matters.
- The Victorian Equal Opportunity and Human Rights Commission is responsible for implementing amendments to the Equal Opportunity Act 2010
- WorkSafe Victoria is responsible for occupational health and safety and workplace compensation in the sex work industry, as in all other industries
- Victoria Police is responsible for ensuring community safety
- The Department of Transport and Planning is responsible for changes to Victoria’s planning system
- The Victorian Liquor Commission is responsible for licensing, investigative, disciplinary and other regulatory functions under the Liquor Control Reform Act 1998.
- Consumer Affairs Victoria provides information on the sex work decriminalisation reforms including an overview of changes and useful factsheets for the industry.
- Vixen provides peer support services and information for those working within the sex work industry.
Updated