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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-07-05 Daily Xml
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Parliamentary Committees

Select Committee on Statutes Amendment (Decriminalisation of Sex Work) Bill

Adjourned debate on motion of Hon. J.M.A. Lensink:

That the report of the select committee be noted.

(Continued from 21 June 2017.)

The Hon. J.M. GAZZOLA (17:21): I rise to support the report of the Select Committee on the Statutes Amendment (Decriminalisation of Sex Work) Bill. I believe it is fair to say that most organisations and individuals recognise that a sex industry exists, which in itself presents many challenges. In the dissenting statement, my fellow committee members, the Hon. Andrew McLachlan and the Hon. Robert Brokenshire, state:

Considering the evidence and submissions, it is clear that existing legislation for sex work is outdated.

I admit that this is where my agreement with the two aforementioned honourable members ends. Our only daily newspaper, The Advertiser, for as long as I can remember, advertises adult entertainment, adult phone services and adult relaxation. In an article in the New Daily on 16 June, your super editor, Mr Rod Myer, writes about the surprising deductions you can claim on your tax return, and I quote:

Those in the performing arts can claim what sound like unusual deductions, such as the cost of musical instruments, costumes and props against their tax.

Mark Chapman, Director of Tax Communications at H&R Block, was quoted in Myer's article as saying:

Similarly, things like dance and acting classes can be claimable if you're a professional dancer or actor.

Mr Chapman is also reported to have said:

Using that logic you can also claim sex toys and props if you work as a sex worker, stripper or pole dancer.

So, to state the obvious, most know that a sex industry exists. I commend all parliamentary colleagues past and present who have introduced private members bills and served on the various parliamentary standing and select committees dealing with the stigmatisation, health, safety and rights of sex workers.

In 2011, police commissioner Mal Hyde, in an ABC news update of 21 July, said, 'South Australian anti-prostitution laws are archaic and unworkable.' Assistant Commissioner Fellows, in her evidence to the committee, stated:

We don't take a view on whether the sex industry should be decriminalised or not; however, I think it is reasonable to say, and I think we have been consistent in our views over many years, that there are some definite challenges and difficulties in policing the current legislation as it exists.

I wish to support the chair of the committee, the Hon. Michelle Lensink and, in her absence, the Hon. Tammy Franks, in some of their comments regarding the evidence from SAPOL. It is my opinion that some of the evidence was vague and conflicting in regard to the actual situation in relation to trafficking and the involvement of organised crime. I hoped that the committee could have been presented with a clearer picture of what was happening in the sex work industry here. The World Health Organisation's stance on this issue is that decriminalisation of sex work should be the aim of all countries around the world.

The committee heard from the Royal Adelaide Hospital sexual health Clinic 275 and the SA Health Communicable Disease Control Branch:

There was some evidence of several health benefits of decriminalisation particularly better access to health promotion programs, better condom carriage and use, and some evidence of better general health. There was no evidence of negative health outcomes from decriminalisation.

The Hon. Tammy Franks outlined in her speech the evidence from the two women with disabilities. I, too, was moved by the evidence of these two courageous women. The current situation sees carers and supporters engaging in criminal activity by procuring the service offered by sex workers. I urge all honourable members to visit that evidence and to change the law accordingly. I wish to acknowledge the many submissions from organisations and individuals. Once I leave this place on 17 March 2018—

The Hon. J.S.L. Dawkins: No!

The Hon. J.M. GAZZOLA: Interjections are out of order. I will not miss the many threatening emails quoting passages of the Bible advising that I will be judged poorly in the afterlife and the declarations of not voting for me at the next election. You will not have that opportunity. Having sat on many committees in this place in the last 15 years, I am pleased to have served on this committee. I commend the fine work of the chair and acting chair, my fellow committee members, committee staff, Leslie Guy and Carmel Young.

We all know that the industry exists and we all know that the current laws are outdated. Let's proceed to fix this deficiency in our laws. I commend the report and declare, once again, my support for the bill that addresses the issues of the stigmatisation, the health and safety and protections for sex workers.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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