Queensland Law Reform Commission

Queensland Law Reform Commission

Queensland's law relating to the regulatory framework for the sex work industry

Seeking submissions by 3 June 2022

The Queensland Law Reform Commission is asked to recommend a framework for a decriminalised sex work industry in Queensland with particular regard to:

  1. the development of an appropriate legislative framework required to give effect to a decriminalised sex work industry;
  2. the extent to which existing legislation should be repealed to give effect to a decriminalised sex work industry, including the Prostitution Act 1999, Prostitution Regulation 2014, Chapter 22A of the Criminal Code and provisions of the Police Powers and Responsibilities Act 2000;
  3. who the framework would apply to (i.e. brothel licenses, sole operators, escort agencies, massage parlours);
    (d) appropriate safeguards including, economic and, health and safety protections for sex workers and their clients;
    (e) appropriate safeguards to deter the involvement of illegal activity and the exploitation of vulnerable people in the sex work industry in Queensland;
  4. appropriate safeguards to maintain public amenity including in respect of the location of sex work premises;
  5. the compatibility of the framework with the Human Rights Act 2019;
  6. whether there are any public health or public safety implications associated with the framework;
  7. how the framework would be administered;
  8. ways in which compliance with the framework can be monitored and enforced;
  9. the potential impacts of the framework for the sex work industry (including the current licensed brothel industry) and government associated with:
    1. the adoption of the new framework; and
    2. the transition from the existing framework to the new framework; and
    3. any other matters the Commission considers relevant having regard to the issues relating to the referral; and
  10. limiting the administrative and resource burden on government and industry.

In recommending a framework for a decriminalised sex work industry in Queensland the Commission is asked to consider circumstances where there has been a promise by a person of payment of money in exchange for a sexual act performed by a sex worker where that payment is not forthcoming and recommend what, if any, legislative amendment is required to deal with these circumstances.

The Commission is asked to prepare any draft legislation required to give effect to its recommendations.

In making its recommendations the Commission should also have regard to:

  1. the existing regulatory framework of the sex work industry in Queensland including the operation of the illegal sex work industry;
  2. the Queensland Government's commitment to consider and modernise the law in relation to the sex work industry and associated practices;
  3. the experiences of members of the sex work industry under the current regulatory framework and/or under legislative arrangements in other jurisdictions;
  4. recent developments, legislative and regulatory arrangements and research in other Australian jurisdictions (including the Northern Territory) and New Zealand; and
  5. the views of the Queensland community.