Offences related to sexual health and safer sex practices under the Sex Work Act 1994 have been repealed.
Sexually transmissible infections (STIs)
STIs pass between people via sexual contact. Many, such as chlamydia, may have no immediate symptoms, but can cause serious illness or death.
STIs include HIV, and also the following conditions as prescribed by the Regulations:
- chlamydia
- chancroid
- donovanosis
- genital and anal herpes (when lesions are visible)
- genital and anal warts (when lesions are visible)
- gonorrhoea
- infectious syphilis.
It is no longer an offence for a licensee or manager to permit a sex worker to work if they know they are infected with a STI.
It is also no longer a criminal offence for sex workers to work if they know they are infected.
Sex workers and sex work businesses should still take adequate precautions to ensure that transmission does not occur.
Sexual health tests
Sex workers are no longer required by the Sex Work Act 1994 to complete a sexual health screen every three months.
As an employer, you may continue to encourage or require staff to engage in sexual health care where it is reasonable to ensure a safe and healthy workplace.
The frequency of sexual health assessments should be determined by the individual sex worker and their doctor.
Safer sex practices
It is no longer an offence if your employees and clients do not engage in safer sex practices, such as using a condom.
However, under the Public Health and Wellbeing Act 2008, brothel and escort agency proprietors will still be required to take reasonable steps to ensure condoms are used when appropriate. Penalties may apply for non-compliance.
Occupational health and safety
While offences under the Sex Work Act 1994 no longer apply, licensees and managers must still comply with occupational health and safety obligations.
See the Safety of sex workers, clients and brothel employees page for more information.
The Australian Government Department of Health Sexual health page provides further information on STIs and testing. WorkSafe Victoria also has a number of pages with further details on occupational health and safety requirements: