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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-04-30 Daily Xml
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Bills

Statutes Amendment (Decriminalisation of Sex Work) Bill

Second Reading

The Hon. T.A. FRANKS (16:09): I move:

That this bill be now read a second time.

I rise to speak on this particular bill on the day before May Day, in fact, noting that sex work is work and workers' rights should be respected and supported no matter what their work. In the case of sex workers, we still have a situation in South Australia where sex work and sex workers are stigmatised, discriminated against and criminalised.

This bill is not a bill that I would have put forward before this place any time before now in my parliamentary career. This is what I call the compromise bill. This is a bill that holds some of the things that I have fought for for many years in this place around decriminalisation of sex work—to recognise workers' rights, to give and afford them freedom from discrimination, freedom to unionise, to organise, to have safe workplaces, to have work health and safety policies that support them—but it is also a compromise bill put before this place for future debates that has been negotiated with other members of this place in regard to decriminalisation.

Of course, decriminalisation is not deregulation, and indeed this bill has regulation in it. It has the governance, description and definition of 'brothels' and 'prescribed brothels' properly defined. It has a 'fit and proper person' test. It has protections against brothels being run by bikies, which do not currently exist. It provides for regulation not through SAPOL, not through the police force, but rightfully through the office of Consumer and Business Services. This is a bill that also provides that sex work activities are conducted in some ways in a restricted manner around certain premises, such as churches, childcare centres and schools, and at certain times and on particular days.

This is a compromise bill that takes on board the good work right around the country—that South Australia has so far been unable to do—since we last properly debated decriminalisation of sex work in this Legislative Council; indeed, two-thirds of this council supported the decriminalisation of sex work in a previous bill. It takes on board the good work in Victoria, where they now have decriminalisation of sex work, having moved from a legalisation and regulated model of laws there that had a licensing approach. That was a failed approach and they have now moved to decriminalisation.

It takes on board the good work in the Northern Territory which, literally weeks after our bill for decriminalisation of sex work in South Australia failed in the other place, saw the Northern Territory decriminalise sex work in that territory. It takes on board the very good work in Queensland, where their version of the Law Reform Institute did a thorough investigation into sex work and their licensed model that they had had in operation for some time, and recommended a transformation to decriminalisation, something that now exists in the state of Queensland—and my goodness, if Queensland can do it, I do not understand why South Australia cannot, but I am hopeful that one day we will.

I admit that that day will not be when I am in this parliament, so I have brought this bill before this place to ensure that it remains beyond my time here as a suggestion towards a compromise. It is a compromise that has been negotiated with those in the Labor Party and in the labour movement that affords workers rights and sees us take these steps forward for workers, with a review process and a gradual, incremental change rather than full decriminalisation in one swoop, as I would have preferred.

With that, however, I will move that the bill be withdrawn. I simply wanted to leave it here. I do not want it in my name for the future, but I do want the good work of the compromise and negotiations that have gone on now for years to develop this bill to be available for future members of this parliament. Therefore, I move:

That the bill be withdrawn.

Motion carried; bill withdrawn.

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