The Queensland Law Reform Commission has asked the public to have their say on decriminalising sex work after the Palaszczuk Government promised to legalise the industry.
The current review put forward on Monday included 55 questions it’s considering drafting in new reforms, including laws around public solicitation, the size of brothels and whether councils would be able to totally ban sex work in their local areas.
The framework asks whether prostitution offences should be rewritten in the criminal code and how the government could protect people, including children, from exploitation.
The commission posed questions on consent and how the industry would deal with rape.
It considered recommending new laws that state a person could at any time refuse to perform sex and how current criminal laws could protect a person who pays for sex and then goes back on their promise.
People have been urged to have their say on how health and safety standards should be met to prevent sexually transmitted infections and whether local governments should hold the power to prevent sex work in their communities, including “separation distances” between child care centres and places of worship.
“Should there be size limits on commercial sex work businesses, such as gross floor area, number of rooms or number of sex workers?” the Queensland Law Reform Commission (QLRC) wrote.
There are just two forms of committed legalised sex work in Queensland. Every other practice, including escort agencies and street workers, is criminalised.
Queensland Attorney-General Shannon Fentiman said the industry needs “modern laws” to encourage sex workers who have been victims of crime to report to police.
“No Queenslander should have to choose between working legally and being safe at work – including our sex workers,” she told NCA NewsWire.
“Advocates have also told us that Queensland’s current regulatory framework discourages sex workers who have been victims of crime from reporting these crimes to police.”
Respect Inc state co-ordinator Elena Jeffreys said sex work has been part of the criminal code since 1989.
“Queensland has been waiting for this review since 1989,” she said.
“Some people have the right work health and safety and others are criminalised, which is inherently unfair.
“Licensing only covers a really small fraction of the industry, so it leaves everybody else behind and banned.”
Queensland sex workers say the number of licensed brothels in the state is not an “true” reflection of the paid sex taking place.
#DecrimQLD Campaign Leader Janelle Fawkes told the the 20 licensed brothels in Queensland accounted for only 10 per cent of the industry in Queensland.
“The licensing laws are such excessive overreach that it reduces financial viability and sex workers options,” Ms Fawkes said.
“Some sex workers choose to work in massage parlours because they can get a higher percentage or cut from the price of a booking and others choose working independently in order to not share the booking price with a brothel owner.”
Brisbane escort Amber King hopes the review will be a step towards reducing stigma, increasing safety and improving the industry’s relationship with police.
The post graduate university student is currently unable to work in pairs, check in with a friend while on the job, or advertise the details of the services she offers.
“Because I’m unable to describe my services and boundaries in my ads, I can find myself in dangerous situations,” Ms King said.
“For example, a few months ago, a client decided to choke me in the throws of passion.”
The QLRC must finalise its report and draft legislation by November 27.
