Viw Magazine

Business Coach

  • Written by Roxana Diamond, PhD Candidate, Flinders University

South Australia is a crucial step closer to becoming one of few places in the world to decriminalise sex work.

After 13 attempts in recent years, a bill for sex work law reform passed South Australia’s upper house – the Legislative Council. Next, the bill will head to the House of Assembly.

Current South Australian sex industry laws are outdated and law reform is desperately needed. As a sex worker and researcher of South Australia’s sex industry, I’ve found decriminalising sex work will not only allow us to conduct our work with more safety and dignity, it will also free us from the fear of police detection and heavy-handed police raids.


Read more: The stigma of sex work comes with a high cost


While an amendment to the bill was introduced, which allows police to enter anywhere commercial sex occurs if they suspect a crime has been, or will be, committed, the new bill still brings sex workers some relief from general policing.

Policing sex work prohibits sex workers from reporting crimes committed against them. In fact, many sex workers I interviewed for my research said they are more afraid of police detection and being charged or fined, than screening out dangerous clients.

One research participant said:

You feel like there’s a slight concern that someone, a client might hurt you or something like that, there is absolutely no comparison to the fear that I have of the police.

Supporters standing outside Parliament House during the second reading of the bill, June 5 2019. Author provided

What does the bill aim to do?

This bill aims to delete the term “common prostitute” from the Criminal Law Consolidation Act (1935) and Summary Offences Act (1953). It also removes common law offences relating to sex work, inserting the definition of “sex work” into the Equal Opportunity Act and adding clauses that will make it unlawful to discriminate against a person because they are, or were, a sex worker.

The bill amends the Spent Convictions Act by deleting a person’s criminal record relating to sex work offences. It also repeals offences relating to brothels, removing barriers for people wanting to leave the industry.


Read more: Sex workers are the experts on their profession – they must be heard in debates about its future


It amends the Return to Work Act to recognise commercial sexual services and employee/employer relationships like other industries.

And sex workers will also automatically come within the coverage of the Work Health and Safety Act once the bill passes, as it covers all forms of legal work and workplaces.

Sex workers fear police charges

I first conducted interviews in 2015 and, during that year, only 36 sex work related charges were handed down.

Now, four years on, sex workers still have the same concerns about being charged, but fears have grown as law enforcement has become more heavy handed in how they apply the law.

For example, The Advertiser last year reported that in the 2017-18 financial year, 211 sex work related charges were laid by police.

One of my interviewees, a private worker, spoke about a raid she experienced in late 2017:

I was home alone. And it was the middle of the night, and this was about six months ago. And I had six men in casual clothes that were armed surrounding my house, bursting in and tearing the place apart. And I thought I’m getting robbed.

[…] I’m actually not even sure that they were cops […] because once they had torn my house apart and […] made a lot of disparaging remarks about me, and searched my house, and come up with nothing they left me with no report number, no file number, no calling card, no nothing.

They went through my bins, they checked me for track marks. They made remarks to each other whether I was worth my advertised rate in front of me.

Police corruption

In 1997, the Wood Royal Commission found evidence corroborating sex worker testimonies regarding police corruption in New South Wales.

And earlier this week, South Australian Police (SAPOL) were questioned during a parliamentary committee, and asked if their policing tactics are lawful.


Read more: Stigma and stereotypes about sex work hinder regulatory reform


For instance, SAPOL have been accused of raiding sex workers’ homes without showing warrants.

Greens Legislative Council member Tammy Franks – who first introduced the bill –  told parliament:

when SAPOL did not get their way and found that a decrim bill for sex work had passed the upper house, they actually raided brothels and used uncorrected, off the record Hansard from this parliament, from select committee proceedings, as evidence against those workers in those brothels, contrary to the parliament’s processes, contrary to good policing process.

Working with 50-year-old laws

Research has found criminalising sex work is futile as it fails to offer any solutions for the structural conditions, such as access to legal justice, that put sex workers at a disadvantage.


Read more: Ideological war against the decriminalisation of sex work risks sidelining much of the evidence​


Criminalisation denies sex workers the human rights of occupational work, health and safety protections.

When sex work was largely decriminalised in NSW in 1995, sex workers experienced better human rights, no police corruption, and savings for the criminal justice system. Decriminalisation also increased surveillance, health promotion, and safety of the NSW sex industry.

But in South Australia, the majority of laws governing sex work have remained intact since they were enacted more than 50 years ago.

In fact, there are a range of offences aiming to prohibit sex work, the majority of which are contained in the Criminal Law Consolidation Act (1935) and Summary Offences Act (1953).

Common offences regarding sex work include: soliciting, procurement, keeping a brothel and “living on the earnings”. These laws also allow police to enter suspected brothels simply based on “suspicion”.


Read more: How an uproar over aid and sexual exploitation ignored women's actual experiences


And public health research clearly demonstrates how criminalisation, including regulatory systems, put sex workers at further risk by leaving the majority of the industry working outside the law.

A growing global movement

More than 200 sex worker organisations globally advocate for the decriminalisation of sex work. And the Global Network of Sex Work Projects developed a consensus statement following a consultation with more than 160 sex worker organisations around the world.

Decriminalisation is also supported by a number of respected international human rights organisations, such as Amnesty International, Human Rights Watch, the World Health Organisation and UNAIDS.

If this bill passes successfully, South Australia will lead by example, and show legislators that decriminalisation can be achieved.

Roxana Diamond is affiliated with SIDAC, the Sex Industry Decriminalisation Action Committee, and SIN, The Sex Industry Network. But this article and its contents are of Roxana's own opinions.

Authors: Roxana Diamond, PhD Candidate, Flinders University

Read more http://theconversation.com/no-more-fear-of-police-south-australia-is-close-to-fully-decriminalising-sex-work-119018

Important Instructions for Australians Living in Camper Trailers

Living in a camper trailer offers Australians a unique way to embrace adventure and freedom while exploring the vast and beautiful landsca...

Maintaining Your Mini Digger: Tips for Longevity and Performance

If you're a proud owner or operator of a mini digger in Australia, you understand the importance of keeping your equipment in top-notch co...

Transform Your Business To Success: The Role Of Branding Agencies In Melbourne

In the bustling city of Melbourne, where every corner tells a story of innovation and creativity, the importance of branding cannot be o...

Revealing The Timeless Appeal Of Ladies' Bodysuits

Fashion has always been a canvas for self-expression, a realm where innovation and tradition intertwine to create garments that not only a...

What Is Crude Oil, and Why Is It Important to Investors?

Crude oil is the lifeblood of the global economy. As an investor, understanding the ins and outs of this vital commodity can be crucial to...

A Sweet Tooth's Guide to the Best Cakes in Melbourne

Indulge your sweet tooth in Melbourne's finest cakes! Brunetti offers decadent chocolate delights like Ciambella Chocolate Teacakes. Mel...

Alan Williams' Impact on Chicago's Defense: Analyzing Key Changes and Improvements

When Alan Williams stepped onto the field as the defensive coordinator for Chicago, expectations were high. His reputation for crafting di...

Understanding the Different Types of Pickup Truck Car Covers

Picking the right truck cover starts with understanding the various types available on the market. Each type is designed to address specif...

Understanding Commercial Plumbing in Adelaide

Introduction In the bustling city of Adelaide, where businesses thrive across diverse sectors, the seamless operation of commercial facil...

Driving into the Future: The Evolution of the Automotive Market in Australia - Trends and Predictions

Examining “the evolution of the automotive market in Australia: trends and predictions” reveals a swift embrace of electric vehicles a...

Crocs: Defying Fashion Norms and Redefining Individuality

In the realm of contemporary footwear, a singular item has emerged as a polarizing yet undeniably iconic choice: the versatile rubber shoe...

Benefits of Network Monitoring Devices in Businesses

In an era where seamless connectivity underpins business operations, ensuring a robust and secure network is paramount for any enterprise...

Tips for Staying Socially Active as a Senior

Staying socially active as a senior can be a challenging task. It becomes particularly difficult as mobility decreases, and friends and fa...

The Benefits of Living in Nature

Have you ever dreamed of buying a mountain property for sale, living immersed in nature, and being surrounded by the beauty of trees and w...

Affordable and Chic: A Guide to Stylish Splashback Tiling on a Budget

When it comes to kitchen renovations, splashback tiling stands out as a game-changer. Not only does it serve a practical purpose by protec...

How to Choose the Perfect Trailer for Your Needs

Whether you're hauling equipment for work or embarking on a weekend adventure, selecting the right trailer is essential. With a myriad of ...

Is There a downside to Taking collagen peptides? Understanding the Side Effects for a Healthier You

Introduction  Lately, everyone seems to be talking about collagen peptides. They're a type of protein that comes from collagen, a key pa...

The Best Materials for Living Room Plantation Shutters: A Comparison

Plantation shutters are a timeless and elegant window treatment that adds both style and functionality to any living space. When it comes ...

Top 5 Home Renovations That Increase Property Value

Enhancing the value of your property is a common goal for homeowners, whether they plan to sell soon or simply want to boost their investm...

Discover the Elegance of Sheer Curtains in Melbourne: A Guide to Custom-Made Sheer Elegance

When it comes to enhancing the aesthetics and functionality of your living spaces, the right choice of window treatments can make all the ...

Tomorrow Business Growth