Sex work decriminalisation resources

The Victorian Government is decriminalising sex work to achieve better public health and human rights outcomes.

Decriminalisation ensures that sex work is safe work. It maximises sex workers’ safety, health, and human rights – and improves access to government health and justice services. It also reduces stigma and fear of criminal repercussions.

Decriminalisation recognises that sex work is legitimate work and should be regulated through standard business laws, like all other industries in the state.

Only sex work between consenting adults will be decriminalised. Criminal offences to protect children and workers from coercion and address other forms of non-consensual sex work will continue to be enforced by state and federal law enforcement agencies.

Decriminalisation has been successfully implemented in other jurisdictions, including New South Wales and New Zealand.

Timeline of reforms

The Sex Work Decriminalisation Act 2022 is being implemented in two stages over a two-year period.

Stage 1

Stage 1 commenced on 10 May 2022 and includes: 

• the decriminalisation of street-based sex work in most locations
• the repeal of offences for working with a sexually transmitted infection and requirements to undergo regular STI testing 
• the repeal of offences for individual sex workers not using safer sex practices 
• the repeal of the small owner-operator sex work service provider register
• changes to advertising controls applicable to the sex work industry
• amendments to the Equal Opportunity Act 2010.

Stage 2

Stage 2 will commence on 1 December 2023 and will include: 

• abolishing the sex work service provider licensing system by repealing the Sex Work Act 1994
• re-enacting offences relating to children and coercion in other legislation to ensure their continued operation following repeal of the Sex Work Act 1994
• changes to planning controls to treat sex service businesses like other businesses
• the establishment of appropriate liquor controls for the sex work industry
• the repeal of brothel and escort agency provisions in the Public Health and Wellbeing Act 2008 to remove specific sex work industry controls.

Changes to laws from 10 May 2022 

Advertising controls 

Sex work industry advertising controls under the Sex Work Act 1994 and regulations have been repealed.

Sex workers and sex work businesses no longer need to include a Sex Work Act (SWA) number in their ads.

Sex work businesses are able to:

• advertise vacant positions or job openings
• describe services offered or not offered in advertisements
• use terms associated with massage in advertisements if that is a relevant description of services provided
• include references to safer sex practices in advertisements
• include photographs or other pictorial representations, including of nudity, in advertisements

Businesses must still comply with the rules and requirements of the advertising host. 

It continues to be a crime to deceptively recruit a person into sex work under the Crimes Act 1958. An example of deceptive recruitment may be advertising a job without reference to any sex work, and when the person arrives to commence work, it is revealed the role involves sex work. 

More information about advertising

For more information about advertising codes and regulation of the advertising industry, visit the Ad Standards website: adstandards.com.au

For more information about advertising requirements under the Australian Consumer Law, visit the Consumer Affairs Victoria website: consumer.vic.gov.au/products-and-services/business-practices/advertising-and-promotions 

Sexual health 

Sexual health tests

Sex workers are no longer required by the Sex Work Act 1994 to complete a sexual health screen every three months.

Sex work businesses may continue to encourage or require sex workers 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.

Condoms and safer sex practices

It is no longer an offence for sex workers and clients if they do not engage in safer sex practices, such as using a condom.

Businesses, including small owner-operator businesses, must take reasonable steps to ensure condoms are used when appropriate under the Public Health and Wellbeing Act 2008. 

As required by the Occupational Health and Safety Act 2004:

• businesses must continue to provide a working environment that is safe and without risks to health, so far as reasonably practicable
• employees and contractors must take reasonable care of the health and safety of themselves and others in the workplace. 

Therefore, businesses could continue to require condoms to be used.

Condoms and safer sex practices remain critical to protecting the health and safety of both sex workers and clients.

Sexually transmissible infections 

It is no longer an offence if a person works as a sex worker while they have a sexually transmissible infection.

Sex workers and sex work businesses should still take adequate precautions to ensure that transmission does not occur.

For any community member who tests positive for a notifiable sexually transmissible infection, there is a wide-ranging public health response in Victoria. This includes education, support, and contact tracing.

In the rare case that an individual engages in behaviours that put others at a serious health risk, the Chief Health Officer has powers to undertake a risk assessment and manage transmission risk.

Treatment and management plans for sexually transmissible infections should be determined by the individual sex worker and their doctor.

Anti-discrimination protections 

A new protected attribute of ‘profession, trade or occupation’ has been introduced to the Equal Opportunity Act 2010. This means that people or organisations cannot discriminate against someone on the basis that they are a sex worker.

Accommodation providers can no longer refuse accommodation to someone on the basis that they will use the accommodation for, or in connection with, lawful commercial sexual services. This includes accommodation that is a hotel or motel.

For more information: humanrights.vic.gov.au/for-individuals/profession-trade-occupation

Information and support

Peer support

Vixen is Victoria’s peer sex worker organisation, run 100% by and for sex workers. 

Vixen provides peer education, support, outreach, advocacy and representation for sex workers in Victoria. Sex workers can contact or visit Vixen for peer education, support, information, referrals to sex worker friendly services, counselling (by appointment), community events and to connect with peers. 

You can find out more information about how to access Vixen's services and view the up-to-date information hub for sex workers and sex industry stakeholders on the Sex Work Decriminalisation Act 2022 reforms in key community languages at their website: vixen.org.au 

You can also contact Vixen by email at info@vixen.org.au

More information

Find out more about current licensing and registration requirements for sex work service providers at the Consumer Affairs Victoria website: consumer.vic.gov.au/licensing-and-registration/sex-work-service-providers 

Find out more information about the Sex Work Decriminalisation Act 2022 on the Victorian Government website: vic.gov.au/review-make-recommendations-decriminalisation-sex-work  

The Victorian Government is decriminalising sex work to achieve better public health and human rights outcomes. 

The Sex Work Decriminalisation Act 2022 is being implemented in two stages over a two-year period.

Stage 1 of decriminalisation commenced on 10 May 2022. 

Changes to laws from 10 May 2022 

Exempt small owner-operators 

You are still considered an exempt small owner-operator sex work service provider. This will continue until the Sex Work Act 1994 is repealed in full in December 2023.

This means you must continue to comply with the conditions and requirements for exempt small owner-operator sex work service providers. 

These conditions are that you:

• must work alone or with one other sex worker
• cannot be associated with any other sex work business
• cannot have clients directed to you by a third party
• cannot direct clients on to another sex work business.

If you receive in-calls, you must:

• have a planning permit and the consent of your landlord
• continue to comply with the requirements of your planning permit. 

If you do not have a planning permit, you may be operating in contravention of the Sex Work Act 1994 and penalties may apply. 

The current planning scheme controls will continue until the Sex Work Act 1994 is repealed in December 2023. 

Working from home

You cannot work from home at this stage. 

To receive in-calls, you must have a planning permit. Currently, planning permits are prohibited in residential areas. Therefore, you would be unable to obtain a permit.

The current planning scheme controls will continue until the Sex Work Act 1994 is repealed in full in December 2023. That is when home-based sex work will become lawful.

Sex Work Act (SWA) numbers 

You no longer need a Sex Work Act (SWA) number to operate as an exempt owner-operator. 

Annual statements 

If your annual statement was due before 10 May 2022, you must still submit your annual statement as directed by the Business Licensing Authority.

If your annual statement is due on or after 10 May 2022, you do not have to submit your annual statement.

Hiring additional workers 

To be exempt from the sex work licensing system, you can only work with one other person who is also a sex worker. 

If you would like to expand your business beyond one other sex worker, you must apply for a sex work service provider licence from the Business Licensing Authority. 

The requirement to be licensed will continue until the Sex Work Act 1994 is repealed in December 2023. 

Operating a sex work business without a licence can incur significant penalties. This includes imprisonment for up to 5 years, a fine of up to 1,200 penalty units or both.

The current value of a penalty unit can be found on the Department of Justice and Community Safety website:  justice.vic.gov.au/justice-system/fines-and-penalties/penalties-and-values

Advertising controls 

The sex work industry advertising controls under the Sex Work Act 1994 and regulations have been repealed.

Sex workers and sex work businesses no longer need to include an SWA number in their ads.

Sex work businesses are now able to:

• describe services offered or not offered in advertisements
• use terms associated with massage in advertisements, if that is a relevant description of services provided
• include references to safer sex practices in advertisements
• include photographs or other pictorial representations, including of nudity, in advertisements

Businesses must still comply with the requirements of the advertising host, as well as general rules that apply to all forms of advertising (such as under the Australian Consumer Law). 

Sexual health

Sexual health tests

You are no longer required by the Sex Work Act 1994 to complete a sexual health screen every three months. 

The frequency of sexual health assessments should be determined by the individual sex worker and their doctor. A sexual health assessment is not an alternative to practising safer sex.

Condoms and safer sex practices

It is no longer an offence if you do not engage in safer sex practices, such as using a condom.

Exempt small owner-operators are still considered ‘brothels’ or ‘escort agencies’ and subject to provisions in the Public Health and Wellbeing Act 2008 until December 2023. These provisions include taking reasonable steps to ensure condoms are used when appropriate. 

Condoms and safer sex practices remain critical to protecting the health and safety of you and your clients at work.

Sexually transmissible infections

It is no longer an offence if you work while you have a sexually transmissible infection.

You should still take adequate precautions to ensure that transmission does not occur.

Under the Occupational Health and Safety Act 2004, you must take reasonable care of the health and safety of yourself and others in the workplace.

For any community member who tests positive for a notifiable sexually transmissible infection, there is a wide-ranging public health response in Victoria. This includes education, support, and contact tracing.

In the rare case that an individual engages in behaviours that put others at a serious health risk, the Chief Health Officer has powers to undertake a risk assessment and manage transmission risk.

Treatment and management plans for sexually transmissible infections should be determined by the individual sex worker and their doctor.

Information and support

Peer support

Vixen is Victoria’s peer sex worker organisation, run 100% by and for sex workers. 

Vixen provides peer education, support, outreach, advocacy and representation for sex workers in Victoria. Sex workers can contact or visit Vixen for peer education, support, information, referrals to sex worker friendly services, counselling (by appointment), community events and to connect with peers. 

You can find out more information about how to access Vixen's services and view the up-to-date information hub for sex workers and sex industry stakeholders on the Sex Work Decriminalisation Act 2022 reforms in key community languages at their website: vixen.org.au 

You can also contact Vixen by email at info@vixen.org.au

About the reforms

Find out more information about current licensing and registration requirements for sex work service providers at the Consumer Affairs Victoria website: consumer.vic.gov.au/licensing-and-registration/sex-work-service-providers                                        

Find out more information about the Sex Work Decriminalisation Act 2022 on the Victorian Government website: vic.gov.au/review-make-recommendations-decriminalisation-sex-work  

The Victorian Government is decriminalising sex work to achieve better public health and human rights outcomes.

The Sex Work Decriminalisation Act 2022 is being implemented in two stages over a two-year period.

Stage 1 of decriminalisation commenced on 10 May 2022. 

Changes to laws from 10 May 2022

It is no longer an offence to solicit sex work, or loiter for that purpose, in most public places in Victoria. 

There are some specific places where this remains an offence at certain times, these are outlined below. If a location is not described, then you can work there.

There are no ‘designated areas’ for street-based sex workers, and police are not able to exclude workers or clients from previously designated areas.

What has not changed

You still cannot work at or near the following locations at specified times:

• places of worship between 6am and 7pm and at any time on prescribed days
• schools between 6am and 7pm every day
• children’s services between 6am and 7pm every day
• education and care services between 6am and 7pm every day. 

It is still a crime for people to engage in offensive behaviour towards sex workers on the street. 

Offences related to sexual conduct or exposure in public places continue to apply.

Places of worship

Street-based sex work is not permitted at or near places of worship between the hours of 6am and 7pm. This applies every day, regardless of whether the place of worship is open.

School premises

Street-based sex work is not permitted at or near school premises (both government and non-government schools) between the hours of 6am and 7pm. This applies every day, regardless of whether the school is open.

Children’s service premises and education and care service premises 

Street-based sex work is not permitted at or near any children’s service premises or education and care service premises between the hours of 6am and 7pm. This applies every day, regardless of whether the service is open.

Children’s service premises and education and care service premises include:

• preschools and kindergartens
• long day care services
• outside school hours care services
• school holiday care programs
• occasional care services (for example, a neighbourhood house or community centre)
• limited hours services (for example, a creche inside a gym or leisure centre)
• early childhood intervention services (for example, for children with a disability). 

Some types of services are excluded for the purposes of the street-based sex work offence. This includes a family day care service operating from a residence and care by personal arrangement (for example, babysitting in a private home).

Penalties for working near a restricted place 

If you are issued with an on-the-spot fine, the penalty is a fine of 2 penalty units.

If you are charged, the penalty will depend on whether you have previously committed the same offence: 

• For a first offence, it is a fine of 10 penalty units or imprisonment for 1 month.
• For a second offence, it is a fine of 30 penalty units or imprisonment for 3 months.
• For any subsequent offences, it is a fine of 60 penalty units or imprisonment for 6 months.

The current value of a penalty unit can be found on the Department of Justice and Community Safety website: justice.vic.gov.au/justice-system/fines-and-penalties/penalties-and-values

Information and support

Peer support

Vixen is Victoria’s peer sex worker organisation, run 100% by and for sex workers. 

Vixen provides peer education, support, outreach, advocacy and representation for sex workers in Victoria. Sex workers can contact or visit Vixen for peer education, support, information, referrals to sex worker friendly services, counselling (by appointment), community events and to connect with peers. 

• You can find out more information about how to access Vixen's services and view the up-to-date information hub for sex workers and sex industry stakeholders on the Sex Work Decriminalisation Act 2022 reforms in key community languages at their website: vixen.org.au 

You can also contact Vixen by email at info@vixen.org.au

More information

Find out more information about current licensing and registration requirements for sex work service providers at the Consumer Affairs Victoria website: consumer.vic.gov.au/licensing-and-registration/sex-work-service-providers 

Find out more information about the Sex Work Decriminalisation Act 2022 on the Victorian Government website: vic.gov.au/review-make-recommendations-decriminalisation-sex-work

The Victorian Government is decriminalising sex work to achieve better public health and human rights outcomes. 

The Sex Work Decriminalisation Act 2022 is being implemented in two stages over a two-year period.

Stage 1 of decriminalisation commenced on 10 May 2022. 

Changes to laws from 10 May 2022

Sex work service provider licences

To own or operate a business that provides sexual services in Victoria, you are required to be licensed by the Business Licensing Authority under the Sex Work Act 1994.

The requirement to be licensed will continue until the Sex Work Act 1994 is repealed in December 2023.

Operating a sex work business without a licence can incur significant penalties, including imprisonment for up to 5 years, a fine of up to 1,200 penalty units or both.

The current value of a penalty unit can be found on the Department of Justice and Community Safety website: justice.vic.gov.au/justice-system/fines-and-penalties/penalties-and-values  

Payment of fees

You must continue to pay applicable fees until the Sex Work Act 1994 is repealed in December 2023.

From 1 July 2022, some fees will be reduced to zero. These fees include:

• licence and annual licence fees
• extension of time and further extension of time fees
• late payment fees
• late lodgement fees
• acting manager application fees.

Some fees will be reduced by half on 1 July 2022, with a further reduction to a quarter of their current level from 1 July 2023. These fees include:

• licence application fees
• licence amendment fees
• manager approval application fees.

The relevant fee reduction will be automatically applied if the fee becomes due after 10 May 2022.

If you have already paid a licence fee or annual licence fee that applies to a period after 1 July 2022, you may be eligible for a pro rata refund. 

Business inspections

Consumer Affairs Victoria inspectors, police officers, and other authorised persons continue to have the power to enter and inspect your business as per the Sex Work Act 1994.

Brothel planning controls 

You are still required to have a valid planning permit, in accordance with the current planning requirements, to operate a brothel or any other on-premises (in-call) sex work business. 

The current planning scheme controls will continue until the Sex Work Act 1994 is repealed in December 2023.

Brothel manager approvals 

Brothel managers must have a valid approval from the Business Licensing Authority.

This requirement will be repealed in Stage 2 of the reforms, which will commence in December 2023. Until then, brothel managers must keep their approval up to date.

Sexual health

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 a business, you may continue to 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.

Condoms and safer sex practices

It is no longer an offence if employees, contractors, or clients do not engage in safer sex practices, such as using a condom. 

However, your obligations under the Public Health and Wellbeing Act 2008 will remain until December 2023. This means that you must:

• provide sufficient condoms and lubricant for your workers and clients
• take reasonable steps to ensure condoms are used when appropriate
• not discourage or prevent workers from using condoms. 

Penalties may apply for non-compliance.

As required by the Occupational Health and Safety Act 2004:

• you must continue to provide a working environment that is safe and without risks to health, so far as reasonably practicable
• employees and contractors must take reasonable care of the health and safety of themselves and others in the workplace. 

Therefore, you could continue to require condoms to be used in your business.

Condoms and safer sex practices remain critical to protecting the health and safety of both sex workers and clients.

Sexually transmissible infections

It is no longer an offence if a person works as a sex worker while they have a sexually transmissible infection.

It is also no longer an offence to permit a sex worker to work while they have a sexually transmissible infection.

Sex workers and sex work businesses should still take adequate precautions to ensure that transmission does not occur.

For any community member who tests positive for a notifiable sexually transmissible infection, there is a wide-ranging public health response in Victoria. This includes education, support, and contact tracing.

In the rare case that an individual engages in behaviours that put others at a serious health risk, the Chief Health Officer has powers to undertake a risk assessment and manage transmission risk.

Treatment and management plans for sexually transmissible infections should be determined by the individual sex worker and their doctor.

Advertising controls 

Sex work industry advertising controls under the Sex Work Act 1994 and regulations have been repealed.

Sex workers and sex work businesses will no longer need to include a Sex Work Act (SWA) number in their ads.

Sex work businesses are now able to:

• describe services offered or not offered in advertisements
• use terms associated with massage in advertisements if that is a relevant description of services provided
• include references to safer sex practices in advertisements
• include photographs or other pictorial representations, including of nudity, in advertisements.

Businesses must still comply with the requirements of the advertising host, as well as general rules that apply to all forms of advertising (such as under the Australian Consumer Law). 

Advertising job vacancies

Sex work businesses are no longer prohibited from advertising job vacancies. This includes jobs involving sexual services.

It continues to be a crime to deceptively recruit a person into sex work under the Crimes Act 1958. An example of deceptive recruitment may be advertising a job without reference to any sex work, and when the person arrives to commence work, it is revealed the role involves sex work. 

Information and support 

About the reforms

Find out more information about current licensing and registration requirements for sex work service providers at the Consumer Affairs Victoria website: consumer.vic.gov.au/licensing-and-registration/sex-work-service-providers 

Find more information about the Sex Work Decriminalisation Act 2022 on the Victorian Government website: vic.gov.au/review-make-recommendations-decriminalisation-sex-work  

About my licensing obligations or fees

If you have questions about licensing obligations or fees, please contact the Business Licensing Authority at 1300 135 452 or fill out the online enquiry form: forms.consumer.vic.gov.au/forms/bla