Sex Work Regulations 2016 Exposure Draft

Sex Work Regulations Submission Response

Elena Jeffreys

Contents

1. Part 1—Preliminary 2

1 Objective 2

2. Part 2—Health and safety requirements 3

6 Sexually transmitted diseases 3

3. 7 . Safety requirements 5

4. 8 . Additional safety requirements—brothels 7

5. 8. Additional safety requirements—brothels (continued) 9

6. 9. Additional safety requirements—escort agencies 11

7. 9. Additional safety requirements— regarding the Public Health & Wellbeing Act 08 12

8. 10 Safety matters relevant to suitability of applicants 13

9. Part 3—Advertising controls 14

11 Advertising controls 14

10. Part 4—Small owner operators 16

12 Small owner-operated sex work service providers 16

11. Part 5—Sexual slavery signage 17

13 Signage relating to sexual slavery 17

12. 14 . Prescribed location for display of prescribed signage 17

1. Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Sex Work Act 1994—

(a) a list of sexually transmitted diseases; and

(b) requirements for the safety of persons working in a sex work business; and

(d) controls on advertising by sex work service providers; and

(e) particulars to be given to the Authority by small owner-operated businesses; and

(f) the form and location of signage regarding sexual slavery; and

(g) the form of Registrar's certificates; and

(h) additional infringement offences and the infringement penalties for those offences.

COMMENTARY:

The objectives are missing any mention of allowing sex work to be regulated by industrial relations. This is because you have a licensing system, not a decriminalisation. I propose that the objectives should be to introduce decriminalisation and repeal the licensing system.

Decriminalisation is known to offer the best outcomes to sex worker human rights, access to justice, health and safety. In Australia we already know this from the LASH report. Internationally The Lancet has now confirmed these claims. Decriminalisation is the best model of sex work regulation.
Victoria must decriminalise sex work.

To do anything less would be to follow stupid in the direction of failed policy.

I also have a particular problem with the ‘sexual slavery’ signage, because of its pointless, racist, marginalising and xenophobic framework. The signage is a result of people who are white, westerner, non-sex workers and English speaking, and these people had the idea that by putting up signs about “sex slavery” somehow that would assist in the right of migrant sex workers. There is no evidence, and in fact those who are directly affected have made it clear that the signs are insulting, racist, demeaning. That the signs are so demeaning to sex workers is seriously a problem, considering that CAV is forcing people to put up signs to fight so-called exploitation.

Victoria has done what it can to criminalise migrant sex worker clients already. To heap on top of this a signage campaign is driving a wedge between migrant sex workers and clients, reduce their money earning capacity and eradicate potential long term support.

2. Part 2—Health and safety requirements

6 Sexually transmitted diseases

For the purposes of the definition of sexually transmitted disease in section 3 of the Act, the following diseases or conditions are prescribed—

(a) chlamydia;

(b) chancroid;

(d) genital and anal herpes (when lesions are visible);

(e) genital and anal warts (when lesions are visible);

(f) gonorrhoea;

(g) infectious syphilis.

Note

Section 3 of the Act provides that HIV, as defined by section 3 of the Public Health and Wellbeing Act 2008, is also a sexually transmitted disease.

COMMENTARY:

It is unreasonable, unnecessary and also a total stretch of the state’s duty of care to be regulating and criminalising sexually transmitted diseases, including HIV. I will make the arguments why criminalising HIV is unjust and counterproductive to all public health efforts.

Firstly, HIV is a disease, not a crime. The criminalisation of working while living with a disease is effectively marginalisation of those individuals. Sex workers are able to work in ways that ensure diseases and infections are not passed to another person during the course of a booking. It is OBVIOUS from the epidemiology that this is what sex workers already do.

Secondly, whether or not the infection or disease is known to the state, or to a brothel owner, or to a client, is totally arbitrary. I personally have been through a Queensland mandatory sexual health screen WHILE HAVING SYMPTOMS OF GENITAL WARTS and been ‘cleared’ for work by a nurse, because she didn’t see them. In a criminalised environment there is no incentive for sex workers to work in tandem with the health system, because the outcome will always be negative. Only in a decriminalised environment are sex workers able to look after health and safety in proactive ways.

Thirdly, it is clear that active criminalisation of infections and diseases is a policy failure. Criminalisation of infection and disease only serves to distance people from the very health systems you are funding to help them.

Victoria must decriminalise infection and disease, and decriminalise sex work.

To do anything less would be to ignore all the evidence

Relevant literature:

Mandatory Testing for HIV and Sexually Transmissible Infections among Sex Workers in Australia: A Barrier to HIV and STI Prevention

Jeffreys, E., Fawkes, J., Stardust, Z. World Journal of AIDS, 2012, 02, 203–211. DOI 10.4236/wja.2012.23026 ISSN 2160-8814, 2160-8822

HIV criminalisation and sex work in Australia

Jeffreys, E., Matthews, K., Thomas, A., 2010. Reproductive Health Matters 18, 129–136.

The decriminalisation of prostitution is associated with better coverage of health promotion programs for sex workers

Harcourt, H,. O’Connor, J,. Egger, S., K. Fairley, C., K., Wand, H., Chen, M. Y., Marshall, L. Kaldor, J. M., Donovan, B., Aust NZ J Public Health. 2010; 34:482-6 doi: 10.1111/j.1753-6405.2010.00594.x

The sexual health of sex workers: no bad whores, just bad laws

Daniel, A. 2010. Social Research Briefs, No. 19 National Centre for HIV Social Research, UNSW ISSN: 1448-563X

3. 7 . Safety requirements

(1) If a sex worker decides not to provide, or to stop providing, sexual services because the sex worker believes a situation is potentially violent or unsafe, the sex work service provider must not—

(a) dispute the sex worker's decision; or

(b) initiate or allow punitive action against the sex worker; or

Penalty: 40 penalty units.

(2) If a sex worker decides not to provide, or to stop providing, sexual services because the sex worker believes a situation is potentially violent or unsafe, the approved manager must not—

(a) dispute the sex worker's decision; or

(b) initiate or allow punitive action against the sex worker; or

Penalty: 40 penalty units.

(3) A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not—

(a) misrepresent the qualities of any sex worker; or

(b) negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.

Penalty: 40 penalty units.

(4) The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not—

(a) misrepresent the qualities of any sex worker; or

(b) negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.

Penalty: 40 penalty units.

COMMENTARY:

These proposals include the increased regulation and criminalisation of certain acts relating to sex work. The CAV and Victorian Government are the incorrect jurisdiction to be regulating these activities. The correct jurisdiction would be industrial relations.

I oppose the special treatment of sexual assault in sex work as different from sexual assault outside of sex work. If a sex worker experiences assault, it should not be these laws that they are relying upon for justice. Just like if any person is raped in any workplace, it is covered by the assault laws.
I oppose the regulation of how receptionists can behave on the phone, what they can say or not say. This is a ludicrous proposal. Sex work is a very diverse industry, and different practises will be suitable in different workplaces. The correct place to regulate such activity is within industrial codes, which can be negotiated on a workplace by workplace basis. It is unrealistic and quite stupid to imagine that CAV and Victorian government can regulate sex work as if every workplace is the same.

Victoria must decriminalise all discussion, marketing and negotiations in relation to sex work.

To do anything less would be to ignore all the evidence.

ELENA JEFFREYS

Related Literature:

Sex workers and sexual assault in Australia Prevalence, risk and safety

Quadara, A. 2008 Australian Centre for the Study of Sexual Assault, 2008

4. 8 . Additional safety requirements—brothels

(1) If a business is or includes a brothel, the sex work service provider must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services.

Penalty: 40 penalty units.

(2) If a business is or includes a brothel, the approved manager must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services.

Penalty: 40 penalty units.

(3) If a business is or includes a brothel, the sex work service provider must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmitted diseases.

Penalty: 40 penalty units.

(4) If a business is or includes a brothel, the approved manager must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmitted diseases.

Penalty: 40 penalty units.

(5) If a business is or includes a brothel, the sex work service provider must ensure that a safe-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work.

Penalty: 40 penalty units.

(6) If a business is or includes a brothel, the approved manager must ensure that a safe-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work.

Penalty: 40 penalty units.

COMMENTARY:

It is unacceptable that the CAV and Victorian government are regulating the kinds of safety, lighting, signs and safe sex instructions for sex work in Victoria. Best practise occupational health and safety suggests that all such activities should be determined on a venue-by-venue basis, via negotiation between workers and management, and written into location-specific guidelines.

I was lucky enough to research this topic when I presented as a key note speaker at a UNAIDS sponsored panel at the International AIDS Conference in Melbourne last year.

It’s a shame that the policy makers at CAV have no f*cking clue about OHS, or how it is applied. The plain ignorance illustrated in the above proposal is yet another argument to remove sex work from CAV and Victorian criminal jurisdictions.

Victoria must decriminalise sex work. To do any less will mean idiots driven by politics will continue to make pointless and DAMAGING proposals, hurting sex workers, the very people you claim to be ‘protecting.’ NONE OF YOUR PROPOSALS MAKE ANYONE SAFER. IN FACT THEY ARE DANGEROUS AND STUPID. To implement these proposals would be incredibly foolish.

ELENA JEFFREYS

5. 8. Additional safety requirements—brothels (continued)

(7) The sex work service provider of a brothel must ensure that a sex worker is not required to clean or disinfect any bath or shower at the premises unless—

(a) those facilities have been used by a person to whom sexual services have just been provided by that sex worker; and

(b) adequate protective clothing is provided.

Penalty: 20 penalty units.

(8) The approved manager of a brothel must ensure that a sex worker is not required to clean or disinfect any bath or shower at the premises unless—

(a) those facilities have been used by a person to whom sexual services have just been provided by that sex worker; and

(b) adequate protective clothing is provided.

Penalty: 20 penalty units.

(9) The sex work service provider of a brothel must ensure that no person working on the premises as a sex worker is required to clean any bath, shower, toilet or spa at the premises except as required under subregulations (7) and (8), unless—

(a) the sex worker is employed or contracted as a cleaner; and

(b) adequate protective clothing is provided.

Penalty: 20 penalty units.

(10) The approved manager of a brothel must ensure that no person working on the premises as a sex worker is required to clean any bath, shower, toilet or spa at the premises except as required under subregulations (7) and (8), unless—

(a) the sex worker is employed or contracted as a cleaner; and

(b) adequate protective clothing is provided.

Penalty: 20 penalty units.

COMMENTARY:

It is unacceptable that the CAV and Victorian government are regulating the kinds of activities the sex worker can or cannot do in a workplace, particularly when it comes to cleaning. Every workplace is very different, it is totally inappropriate and counterproductive to regulate for the entire industry as if it is a monolithic robot. This is a failed approach to OHS in the workplace.

I was the Australian key note speaker at a UNAIDS sponsored panel at the International AIDS Conference in Melbourne last year speaking on this issue.