International Whores Day is commemorated each year in June around the world to acknowledge the origins of the sex workers’ rights movement.

On June 2, 1975, sex workers in Lyon, France decided to protest against the continual police harassment and violence against Lyon’s sex worker community.
This was coupled with the French government’s refusal to meet with the worker representatives or support any legislative changes in the sex Industry.
It seems to be an appropriate time to put the reform of our sex industry in South Australia back on the legislative agenda.
Since the event last year, politicians have been involved in finding out about what’s really happening in this industry in our state.
Sex workers and academics have generously made time to address Members of Parliament (MPs & MLCs) about their main concerns and legislative changes they see as needed.
In addition we have had the opportunity to meet with Catherine Healey, Executive Officer of the New Zealand Prostitutes Collective, Naomi Yoshiki from The Rose Alliance (Sweden’s sex worker organisation), Swedish academic Petra Ostergren and former New Zealand politician Tim Palmer who was involved in the decriminalisation of the sex industry there.
The Sex Industry Network (SIN), the AIDS Council, Scarlet Alliance, the Working Women’s Centre and the Australian Services Union have all contributed to our education.
There is no uniform legislation in Australia for the world’s oldest profession. Each State and Territory has their own approach.
Sex work is dealt with in three main legal frameworks – criminalisation, licensing and regulation and decriminalisation. Queensland, Victoria, Northern Territory and the Australian Capital Territory all have varying licensing systems. South Australia, Western Australia and Tasmania have criminalised systems.
Only New South Wales has a decriminalised system. All activity related to sex work in South Australia is currently illegal.
There are four main methods of prostitution: brothel-based, home-based, escort-style callout and street work. Between 1980 and 2001 there were five attempts at changing the legislation in SA. In 2001 other reform bills came forward and failed.
So in 2011, I intend to introduce a Bill to decriminalise the four main types of sex work in this state. The introduction of the Bill will take place after further consultation with interested parties over June and July this year.
My intention is to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953 to achieve change. Some of the features of reform should include the following:
- Ensure sex workers have the same industrial rights and responsibilities as other workers.
- Prevent minors under the age of 18 years from being involved or associated with sex work.
- Disallow sex services or such premises to be established within 200 metres of schools, centres for children or places of worship.
- Allow for Local Government to regulate public amenity, noise, signage and location in relation to sex services premises with more than three workers.
- Promote safe sex education and practice by clients and sex workers.
- Enable sex workers to be able to report criminal matters to the police like everyone else in the community.
New Zealand in addressing law reform in this area followed New South Wales’s example. Their reform process was built on the principle of harm minimisation where the genuine harms caused by prostitution were indentified and the law was changed to reduce these issues.
For example, penalties for coercion or being a client of an underage sex worker were toughened, whereas old bans on prostitution-related activity which were inconsistently enforced were abandoned.
There was refocussing of policing in the sex industry in areas of genuine harm. Barriers to exiting the industry were employed including an emphasis on retraining and easier access to the New Zealand equivalent of Centrelink.
The New South Wales and New Zealand paths seem to me to be a good guide for where we may go in SA.
I think it’s about time we reflected that what’s happening now should not be bound by legislation from the 1930s and 1950s.
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