Bills

Statutes Amendment (Sex Industry - Exit Strategies and Spent Convictions) Bill

Introduction and First Reading

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (15:57): Obtained leave and introduced a bill for an act to amend the Spent Convictions Act 2009 and Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (15:59): I move:

That this bill be now read a second time.

It is my great pleasure to be introducing into this chamber today the Statutes Amendment (Sex Industry—Exit Strategies and Spent Convictions) Bill 2024. Members are aware that in August 2023 I introduced the Summary Offences (Prostitution Law Reform) Bill, and that I brought that bill to a vote on 1 May 2024.

Sadly, that bill did not receive majority support, failing by one vote. Whilst I was very disappointed by that result, as were others who wished to see a reduction in the industry and real support given to those who wish to exit the industry, I was extremely heartened by the support that it did receive, and I think it really speaks to the merit of that bill. This support, I believe, is even more pertinent given that during the second reading speeches made in this place it was noted by an honourable member that it was the first time the Nordic model of prostitution had ever been introduced as a bill in any Australian parliament.

What I am proposing today will again be a nation first. I have always said throughout this whole debate that one of the most important aspects, if not the most important aspect, of the bill is the comprehensive and strategic exit strategies provided to those who wish to leave the industry. I am a strong believer in the need to provide as much practical support as we can to those who are vulnerable and often cannot help themselves.

What this bill is proposing is to provide exit strategies similar to those in my previous bill. Those people who have provided sex in exchange for payment and who wish to exit the industry may make an application to the minister, and the minister must take all reasonable steps to provide such assistance as the minister thinks appropriate.

I did consider and seek advice as to whether I could simply amend my prostitution law reform bill so that it only incorporated the exit strategies and deleted the rest of the provisions, and the very clear advice I received was that this current proposal of reforms is substantially different from that in my previous bill and it was necessary to draft a new bill altogether. I remain a strong believer in the importance of exit strategies and the role that they play in assisting those who would otherwise remain in the industry if these strategies were not available.

On 14 September, the European parliament passed a resolution entitled 'Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women's rights'. In its preamble, it states:

Leaving prostitution is often a difficult and lengthy process that requires comprehensive socio-economic support, including sufficient budgets and individual counselling taking into account the different pull and push factors, in order to provide needs-orientated support programmes and make such programmes a success for people who want to leave prostitution…The Member States should promote prevention programmes, pathways out, exit and inclusion programmes. These programmes should include safe accommodation, secure care, adequate medical attention, psychological help (trauma therapy), education/training opportunities, support for integration into the wider economy and specialised help for women with addictions and women with children.

As members would be aware, France has adopted the equality model of prostitution, which provides, amongst other things, for comprehensive exit strategies. According to a report released by the French ministry of equality in April 2023, 1,247 persons in prostitution, almost all women and girls from the most discriminated groups, have accessed the state-sponsored exit program. These programs have radically changed their lives. It is reported that 95 per cent of them have left prostitution permanently at the end of the course.

My bill, aside from outlining important exit strategies, also provides that those who have demonstrated a genuine intention to leave the industry are able to apply for any previous convictions to be spent and they will be taken to have not committed an offence against certain sex industry related offences under the Summary Offences Act. In a sense, they are provided with, to use a colloquial term, 'immunity' should they choose to exit.

My bill targets two lots of offences where immunity is granted and convictions may be spent when someone exits the industry as follows: firstly, the offences of soliciting and loitering in a public space for the purposes of prostitution, which are contained in section 25 of the Summary Offences Act 1953, provided the offence was committed by the seller and not the buyer; and, secondly, the offence of keeping and managing a brothel, which is contained in section 28 of the Summary Offences Act, provided the person was personally providing sex from their principal place of residence and no more than two other persons were providing sex at the same time.

To be clear, this bill does not give the benefits of spent convictions and immunity to those who are running brothels in the conventional sense or to those large-scale operations. I have deliberately confined it to a narrow group of people. It is also important to point out that, under my bill, if at any future point the person returns to certain sex industry related offences, including offences against sections 25, 25A and 28 of the Summary Offences Act, then the provision in the bill which treats them as if they had not committed an offence no longer applies. Their immunity, so to speak, is removed.

This bill will help some of the most vulnerable in our society. Inherently, it contains a strong incentive for persons in prostitution to exit the industry by providing practical support to leave, treating them as if they had not committed the offence and spending their convictions. I appeal to the members of this place to consider it objectively on its merits, and I look forward to the contributions that will be made by members and also, obviously, their support. I seek leave to conclude my remarks.

Leave granted; debate adjourned.