Legal

Sex Work in Victoria is Decriminalised

After decades of advocacy by sex workers and allies, Victoria has finally implemented a decriminalised model for sex work after the Victorian Parliament passed the Sex Work Decriminalisation Act 2022 on the 22nd of February 2022.

Victoria is only the 4th jurisdiction in the world to decriminalise sex work, however the Act only achieves partial decriminalisation with legal restrictions in place on where and when street-based sex workers can work.  RhED continues to advocate for the full decriminalisation of the Victorian sex industry, so that all sex workers are afforded the same rights.    

Following the passing of the Sex Work Decriminalisation Act 2022, The Sex Work Act (1994) and Sex Work Regulations (2016) have since been repealed and from the 1st of December 2023, the second and final stage of decriminalisation changes have been rolled out. You can find a copy of the Sex Work Decriminalisation Act here. 

The decriminalisation changes have happened in two stages, with the first stage having taken place on 10 May 2022, and the second stage on 1 December 2023. To read more about the changes that occurred during each stage, see our Decriminalisation FAQs here. You can also find answers to common questions about sex work and the sex industry in Victoria on our FAQs page here. 

Sex work is regulated through different bodies including; 

  • Local councils,  
  • WorkSafe, 
  • Consumer Affairs Victoria (through the protection of consumer rights),
  • Department of Health, 
  • Fair Work Commission,
  • Liquor Control Victoria (if relevant). 

 

What is legal and what is not: Street-Based Sex Work

From May 2022, street-based sex work is now legal in most public places in Victoria, however it will be illegal to engage in street-based sex work at or near the following locations:

Schools, children’s services, education and care services

It is not legal for street-based sex work to take place at or near schools (public and private), children’s services, education and care services between the hours of 6:00am-7:00pm every day of the week (regardless of whether the school or service is open or closed).

Children’s services and education and care services include the following:

  • 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 related services however are excluded; meaning that it will not be a criminal offence to engage in street-based sex work at or near them.  Examples of an excluded service would be:

  • Family day care services that operate from a private residence/home
  • Care by personal arrangement (for example, babysitting in a private residence/home)

Places of worship

It is not legal for street-based sex work to take place at or near Places of worship (such as churches, synagogues, mosques and temples) between the hours of 6:00am-7:00pm every day of the week (regardless of whether the place of worship is open or closed).  Additionally, street-based sex work is not permitted during any time of the day during prescribed days of religious significance if that place of worship celebrates that religious holiday. 

Prescribed days of religious significance include the following:

  • Good Friday (this includes Good Fridays observed by Orthodox Christian groups)
  • Easter Sunday and the Saturday before Easter Sunday (this includes Easter Sundays observed by Orthodox Christian groups)
  • Christmas Eve (24 December)
  • Christmas Day (25 December)
  • Ramadan (a period of 30 days)
  • Eid-ul-Fitr (the day immediately after Ramadan).
  • Yom Kippur (a period of 2 days)
  • Hanukkah (a period of 8 days)

Penalties for street-based sex work near a restricted place or service

If you are working near a restricted place or service during the times listed above, and are issued with an on-the-spot fine, the penalty will be a fine of 2 penalty points.  From 1 July 2023 to 30 June 2024, the value of the penalty unit is $192.31. You can find information  on the value of penalties for the current year and previous years here.  The total fine for 2 penalty points is rounded up to the nearest dollar, and would be $385.  The amount of a penalty unit is updated every year on July 1st, so please note the amount of a fine can change year-to-year. 

If police decide to charge you, 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 ($1,923) or imprisonment for 1 month.
  • For a second offence, it is a fine of 30 penalty units ($5,769) or imprisonment for 3 months.
  • For any subsequent offences, it is a fine of 60 penalty units ($11,538) or imprisonment for 6 months.

For more information on penalties and values see the Department of Justice and Community Safety’s webpage here.  To read more about the restrictions on street-based sex work, you can download Consumer Affairs Victoria’s factsheet here.

RhED is currently updating and creating new resources to support the sex industry and sex workers in navigating decriminalisation changes that will complement existing resources. We have recently created resources on navigating incalls and what to do if you experience discrimination because of your sex work on our Information for Sex Workers page here.

Contact RhED on 1800 458 752 or email sexworker@sexworker.org.au for any further information, concerns or queries you may have! 

Where to find more information about sex work and the sex industry in Victoria:

 

Where to find more information about sex work and the sex industry in Victoria

 

Southside Justice

 

 

 

 

 

 

Legal fact sheets from Southside Justice (Pre-decrim)

Download all Factsheets

For more information on Southside Justice click here.  To find out more about their Sex Work Legal Program click here. 

It is a crime to be violent, indecent, threatening or offensive towards a sex worker.

If you have experienced any of the above, contact our Ugly Mugs program; you can also call RhED 1800 458 752 and request to debrief with a peer.