Decriminalisation of Sex Work

The Hon. T.A. FRANKS (15:56): I rise today to share some good news with the parliament about Labor governments standing up for workers in other states. I note today that the Andrews government has announced—at the behest of the quite extraordinary, hardworking and inimitable Fiona Patten—an inquiry into the decriminalisation of sex work in Victoria. The Andrews government has today announced—just today—that they will investigate moving from their system of licensing to a decriminalised model, with a six-month inquiry, to report back in 2020, to consider the Andrews government continuing to support workers in that state.

It comes on the back of an announcement by the Palaszczuk government some months ago that they will, at the behest of the Queensland police force, drop their pursuit to give police greater regulatory powers over the sex industry in that state. Indeed, they will investigate a decriminalised model as the best model for workers.

It should come as no surprise that the Andrews government and the Palaszczuk government are considering these options. Sex work and the industry being regulated through a decriminalised model is, of course, supported by groups such as the International Labour Organization, Human Rights Watch, Amnesty International, the World Health Organization and the workers themselves, their unions and representatives.

To put a cherry on top of the good news for Labor governments standing up for workers in other jurisdictions in Australia, I bring the council the welcome news that, just yesterday, late last night, the Northern Territory parliament—the Labor government, led by the Attorney-General there, Natasha Fyles—passed a bill that will now become an act to decriminalise sex work in the Northern Territory.

That bill was passed 16 votes to five. Not a single one of the noes was a Labor Party member. The majority of the 16 ayes were, indeed, from the Labor Party. They were led by the Labor Party, with an appropriate inquiry prior, to bring a decriminalisation bill before that parliament. As was quoted by Mr Sievers, the member for Brennan:

This bill recognises our sex industry workers as workers who have rights and are able to expect good health and safety requirements in a workplace. All workers are entitled to work in a safe environment with good health standards and practices.

Businesses will be required to be in line with the laws and policies that support good health and safety standards, with a legal obligation to protect our workers and reduce risks to the worker and the workplace.

Offences in the bill aim to prohibit exploitation of workers, along with provisions for workers’ rights so they can refuse to undertake sex work; that consent is required for the provision of sex work; and importantly, prohibit the use of children for, or in, sex work. Every worker deserves the right to work in a safe place, no matter how dangerous or different the work is. It is a fundamental right and one that I will—

said Mr Sievers—

and I know my Labor colleagues will—

said Mr Sievers—

always support.

These are Labor governments in Queensland, in Victoria and in the Northern Territory supporting workers, recognising that sex work is indeed work. I note that the Scarlet Alliance has welcomed this news. Ms Jules Kim said it is a:

…momentous day for all sex workers and sets a positive example that sex workers are valued members of the community, deserving of rights and protections. We applaud the NT Government for listening to sex workers and the evidence in fully decriminalising sex work in the NT. Sex work is work…

I note that the Northern Territory shares the same time zone as South Australia: we have the central standard time zone in common. But today in South Australia, because of the votes of some in the Labor Party—although I do commend the Labor left in particular and those brave members of the Labor right who stood up for workers' rights—and the lack of leadership, we have not seen the workers and sex workers supported. So we may have the same time zone, but we are certainly centuries apart in terms of our labour laws.