A report examining the proposed legal framework to decriminalise sex work and improve the health, safety and rights of workers has recommended legislation to be passed.
A landmark review by the Queensland Law Reform Commission (QLRC) last year made 47 recommendations to decriminalise sex work, including removing the Queensland’s brothel licensing system, changing planning laws to allow brothels to operate away from industrial areas, adding protections for sex workers and repealing sex work specific health offences.
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While the decriminalisation framework has been widely supported by peak organisations in the sex work, health and human rights space, there was opposition throughout the inquiry, including from the Queensland Hotels Association, the Office of the Prostitution Licensing Authority and The Australian Christian Lobby.
QHA raised concerns over changes to the Anti-Discrimination Act, arguing that tourist accommodation businesses should be allowed to refuse sex workers operating on premises in line with their service standards and the expectations of guests.
The Department of Justice and Attorney-General found that changes to the current law would still allow accommodation providers to control the use of their premises, in the same way they can for any other person.
As an example, they said a motel operator would still be able to implement policies about the use of their rooms relating to commercial activity that attracts clients, for instance a hairdresser, since the primary function of a motel is to provide short-term accommodation to travellers or tourists.
Another point of contention was the QLRC’s recommendation to restrict local governments’ power to make local laws so that it cannot prohibit or regulate sex work.
This mainly relates to current regulation that allow local government’s to restrict the location of brothels to industrial areas.
The ACL raised concerns that a reduction in local government power would lead to the increased presence of brothels in residential neighbourhoods, near schools or places of worship.
Sex workers, advocates and researchers strongly refuted this claim, citing discreet operations as fundamental to both workers and clientele.
Dr Elena Jeffreys, from advocacy body Scarlet Alliance, said this is one of the biggest misconceptions about what the decriminalisation framework would change.
“The idea that the size or style of the sex industry in Queensland is going to change...that there will be new or different sex work activity popping up in the suburbs or in residential areas [because of these laws] is just not the case,” Jeffreys said.
