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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-02-29 Daily Xml
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SEX INDUSTRY REFORM

The Hon. R.L. BROKENSHIRE (14:40): I seek leave to make a brief explanation before asking the Minister for Industrial Relations a question regarding the Fair Work Act Review.

Leave granted.

The Hon. R.L. BROKENSHIRE: The Fair Work Act Review panel of the federal Department of Education, Employment and Workplace Relations closed supplemental submissions into the review on 17 February 2012 and we now await the report of their review. I note that the South Australian government made a submission to that review, dated February 2012. On page 7 of its submission, the government of South Australia made submissions on the definition of 'national system employer' and 'national system employee'. That submission states:

The issue of non-traditional employment arrangements is also relevant in the sex work industry. The definition of 'national system employee' could be clarified to ensure that employed sex workers can access their industrial entitlements under the FW Act. South Australia is currently proposing the legalisation of sex work, and within this context notes that the provision of industrial protections for these workers would need to be provided in the national workplace relations system and therefore under the FW Act.

I support the Minister for the Status of Women's work on stamping out violence against women and her answer to questions yesterday. I point out to this minister that field research took place in nine countries, five of which were countries where prostitution was either legal or regulated, surveying 854 prostituted women. The study concluded that 60 per cent to 75 per cent of women in prostitution were raped, 70 per cent to 95 per cent were physically assaulted and 89 per cent told the researchers that they wanted to leave prostitution.

An article in the Michigan Journal of Gender & Law states that it is not possible to protect the health of someone whose job means that they will get raped on average once a week. My questions to the minister are:

1. I was not aware that the South Australian government is currently proposing the legalisation of sex work. Is the legalisation of sex work South Australian parliamentary Labor policy or not?

2. If not, will the minister contact DEEWR to inform them that the submission contained an error and clarify that South Australia is not currently proposing legalisation of sex work?

3. Is the minister advising this house in his responses that there has possibly been public misrepresentation of the state government policy?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:43): The South Australian government made a submission to the post-implementation review of the Fair Work Act 2009. The submission covered many important aspects of the Fair Work Act relating to minimum employment standards, rights and responsibilities, collective bargaining and flexible working arrangements.

The government proposed that all workers should have access to minimum employment standards, a minimum wage and general protection in the workplace. Within this context, the submission considers the issue of non-traditional employment relationships including outworkers, contractors and subcontractors. Notably, the submission made recommendations about providing protection against employers misrepresenting employment relationships as contracting arrangements to avoid being responsible for appropriate employee entitlements. This is commonly known as sham contracting.

The submission also noted that the issue of non-traditional employment arrangements is relevant for the sex work industry and suggested that the definition of 'national system employee' could be clarified to ensure all legal workers across Australia can access industrial entitlements. In South Australia, institutions that provide opportunities for commercial sex are prohibited under the Summary Offences Act 1953 and the Criminal Law Consolidation Act 1935.

Although regulations regarding sex work vary across jurisdictions, various types of sex work are currently legal in certain circumstances in other states and territories in Australia. This is the broader context within which the South Australian government made its submission.

Members interjecting:

The PRESIDENT: Order! The honourable minister.

The Hon. R.P. WORTLEY: Thank you, Mr President. It is true that a South Australian member of parliament, the Hon. Stephanie Key, MP, has proposed a private member's bill to regulate and decriminalise the four main types of sex work in South Australia: brothel based, home based, escort style call-out, and street work. Ms Key has sent the Sex Work Industry Bill 2011 to stakeholders for consultation.

The Hon. Robert Brokenshire, MLC, has proposed a bill that would make sex work illegal. The South Australian government's submission for review of the Fair Work Act provided comment within the national context and not within the context of the South Australian bills. The submission did not in any way forecast the success or otherwise of the South Australian private member's bill.

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