The government has indicated broad support for the findings of a review into the state’s framework regulating the sex work industry but cautioned any reforms must be balanced against community expectations.
A report including 47 recommendations from the Queensland Law Reform Commission (QLRC) was handed to the government on Monday.
Among the proposed changes were modernising state laws to ensure the same general rules apply to businesses and workers without discrimination, updating the current licensing system, and removing legal barriers to workers using safety strategies.
“The current system regulates sex work as prostitution, under criminal laws and licensing laws. These laws stigmatise sex workers, increase their vulnerability to exploitation and violence, and fail to protect their human rights,” the report said.
“They prevent sex workers from working together and adopting safe work practices. Sex workers should not have to choose between working lawfully and working safely.”
Attorney-general Shannon Fentiman said the government was committed to decriminalising the sex work industry and improving safety for workers.
“The commission found that the current laws stigmatise sex workers, increase their vulnerability to exploitation and violence and fail to protect their human rights,” Fenitman said.
“The review has provided the opportunity to consider how best to modernise our laws, support business in the state, and reduce discrimination and stigma associated with workers in the sex work industry.”
However, as the lawmakers now turn their minds to how they can best implement the laws, Fentiman said it was important to ensure the right balance is struck to meet community expectations.
The overwhelming majority of submissions to the review opposed any continued laws that made sex work a crime, or that targeted and discriminated against sex workers.
“We will now consider how to best implement laws and regulations that will afford sex workers the same rights and legal protections as any other business or industry,” Fentiman said.
At the heart of the proposed new framework are concepts such as safety, health and fairness but other regulations must be harmonised to ensure the stigma around sex work is lifted. This includes comprehensive improvements to criminal law, work laws, public health, advertising, public amenity, as well as planning and local laws.
The commission recommended removing Queensland’s brothel licensing system and abolishing the Prostitution Licensing Authority (PLA).
“Under these changes, sex work will not be a crime. Subject to compliance with laws of general application, it will be lawful for sex workers to work alone or for two or more sex workers to work together,” the report said.
“It will be lawful to operate sex-work businesses, for sex workers to work at them, and for clients to obtain services from them. Sex workers will not be singled out by special criminal laws.
“The same general public nuisance laws and police move-on powers apply to everyone, including sex workers. The same general laws, standards and codes that regulate all advertising apply to sex-work advertising.
“Police will not have extra powers, like posing as clients, to gather evidence of sex-work-specific offences, which will be removed.”
The evidence-based research also considered the legal frameworks regulating sex work in other jurisdictions including the NT, Victoria, NSW and New Zealand.
“Research shows sex workers take care of their sexual health, have high levels of voluntary uptake of safer sex practices, and do not have rates of sexually transmissible infections (STIs) that are higher than the general population,” the report said.
“Evidence from other jurisdictions suggests decriminalisation will not lead to an increase in the number of sex workers.”
“Any criminal elements in the industry are best targeted by police enforcing criminal laws, not by licensing laws that are ill-equipped for that task.”
The A-G noted that the government would work with relevant stakeholders to consider issues beyond those raised in the report, including the regulation of the adult entertainment industry or amendments to the Liquor Act 1992.
“I’d like to thank the QLRC and its staff for their comprehensive work preparing recommendations for a decriminalised framework that will now be thoroughly examined by the state government,” Fentiman said.
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