Philippa Moss is the outgoing CEO of Meridian (formerly AIDS Action Council), Canberra’s LGBTIQA+ community organisation. She is calling for the decriminalisation of sex work in the ACT, and giving sex workers the rights of protection, through workplace health and safety standards that come with their recognition as workers.
Why do we consider sex work differently to any other work in Canberra?
In 2024, the ACT government should follow the lead of other jurisdictions and decriminalise sex work. As the nation’s capital, we lead the way with progressive policy like drugs of dependency, climate action, assisted dying, cannabis decriminalisation and pill testing – right now, Canberra is falling behind the rest of the country with an outdated approach to sex work.
Currently, sex work exists under a legal framework. It is legal to operate a brothel (also called studio) in the industrial areas of Fishwick and Mitchell. This is a patchwork of regulations that puts sex workers at risk, creates inequalities, perpetuates stigma and discrimination, and makes it more difficult for workers to access health services, advocate for industrial rights, report crimes, and work in safe conditions.
So what is decriminalisation?
Decriminalisation of sex work is the removal of criminal penalties ensuring the premise that sex work is work. Decriminalisation maximizes sex workers’ legal protections and access to rights including justice and health care. Recognition of sex work as an occupation maximises their protection and equality. Decriminalising sex work means ending laws that make it illegal to sell and buy consensual, adult sex or related activities.
Full decriminalisation allows sex workers to work independently or collectively, access police protection, and negotiate the terms of their services. It also enables more effective regulation to protect people and combat exploitation, and ensure working conditions meet essential labour standards.
The benefits of decriminalisation are well-documented in jurisdictions such as the Northern Territory and just recently Queensland that have embraced this approach. Unfortunately, decriminalisation will not necessarily shift societal attitudes; there is more work to be done. The main benefit is that decriminalisation will end the monopoly on adult industry employment in Canberra, allowing workers autonomy and choice as to how they work.
This shift in policy will hopefully lead to a reduction in the stigma associated with sex work, allowing workers to access essential health services without fear of legal repercussions. Additionally, decriminalisation has fostered a safer working environment, with better protection against violence and exploitation. Studies have shown that these changes contribute to the overall well-being of sex workers, highlighting the positive impact of progressive legislation on these communities. The World Health Organisation and Amnesty International recommend full decriminalisation as best practice for sex work.
What needs to happen in the ACT?
To ensure decriminalisation, we need to repeal the Sex Work Act 1992 (ACT) and remove all sex work-specific criminal and licensing laws and regulations. This includes eliminating the existing licensing and registration system for sex services businesses and strengthening anti-discrimination laws for sex workers.
We need to lift discriminatory restrictions on independent sex workers working together. Sex workers should be permitted to work together without needing to navigate zoning development regulations. Working alone can be risky; workers are isolated; there is no opportunity to share skills, safety strategies, share resources and split costs – all things that many small businesses and personal services benefit from. Ultimately, working together provides protection and safety for sex workers.
The Canberra community has long supported progressive social policies. Now is the time for the ACT government to demonstrate courageous leadership and take the next step by decriminalising sex work. This reform would cement Canberra’s reputation as a hub of enlightened policymaking.
This is a human rights issue. Removing criminal prosecution aligns with recognising sex work as legitimate work and protecting the rights of sex workers through workplace health and safety standards. Sex work is work, and with an election in sight, now is the time for our government to act.
