FAQ

RhED adopts a broad definition of sex work to include the provision of sexual services, sexually explicit entertainment, and sexually explicit content. The sex industry is regulated and legislated different depending upon the sector one is discussing. Full-service sex work, where a sex worker may provide sexual services, is currently being decriminalised after the passing of the Sex Work Decriminalisation Act 2022. The Sex Work Act (1994) and Sex Work Regulations (2016) are being repealed, and from December 2023, full service sex work will be regulated similarly to other Victorian industries by agencies such as the Department of Health and Worksafe.

For more information, see our Sex Work Decrim FAQs here.
You can also visit https://www.vic.gov.au/review-make-recommendations-decriminalisation-sex-work for more updates from the Victorian Government.

The definition of sexual services adopted in Victoria has three main activities under it. They are:

• Taking part with someone in an act of sexual penetration. This includes oral, anal and vaginal sexual penetration. If you put a tongue, finger or other part of the body or an object, into a vagina, anus or mouth – or let any of these things be done to you – it’s an act of sexual penetration (Crimes Act 1958 Section 35A; Sex Work Act 1994 Section 3).
• Masturbating someone. To be considered masturbating, their genitals can be clothed and they don’t have to cum.
• Letting someone view acts of sexual penetration or masturbation when there is any form of physical contact between any watcher and any watched or when any watcher is allowed or encouraged to masturbate.

If you get money or goods for doing any of these things, you are doing sex work.

The Liquor Control Reform Act 1998 defines sexually explicit entertainment as “live entertainment that may be performed for an audience, by a person performing an act of an explicit sexual nature, but does not include the provision of sexual services within the meaning of section 3(1) of the Sex Work Act 1994.”

Sexually explicit entertainment in Victoria often occurs in the form of stripping (striptease/lap dancing) in clubs, peep shows or other venues.

Following the passing of the Sex Work Decriminalisation Act 2022, street-based sex work is legal subject to certain conditions. Street-based sex work is not permittable to occur near places of worship and schools between the hours of 6am and 7pm, and at all times on prescribed days. For more information, see our Sex Work Decrim FAQs here.  You can also find out more about the specific restrictions in the Sex Work Decriminisation Act 2022 here.

In Victoria, the legislation associated with and regulation of the sex industry depends upon the type of sex work being done.  Full-service sex work (i.e. sex work that involves the provision of sexual services such as oral or penetrative sex) has historically been governed by several pieces of legislation, most notably the Sex Work Act 1994 and the Sex Work Regulations 2016.

The Sex Work Act 1994 and Sex Work Regulations 2016 are currently being repealed as the decriminalisation reforms are being introduced following the passing of the Sex Work Decriminalisation Act 2022.

Stage one of the decriminalisation reforms have commenced as of May 10 2022 with stage two of the reforms commencing no longer than December 2023. By December 2023, the Sex Work Act 1994 and Sex Work Regulations 2006 will be completely repealed. You can find more information in our Sex Work Decrim FAQs here, or get in touch with us on 1800 458 752 or by email at sexworker@sexworker.org.au.

The sex industry is incredibly diverse, and there are many different ways in which someone can work as a sex worker.  Working as a sex worker might look like brothel-based sex working, independent or agency-based escorting, cam-modelling, topless bar/waiting, porn, erotic massage, stripping in clubs or privately for functions and beyond.  If you are interested in working in the sex industry, and are unsure of where to start, check out our Starting Out Kits here. You can always contact us for a chat about getting started in the industry or career development in the industry via phone 1800 458 752 or by email sexworker@sexworker.org.au

No, you do not have to register to work as an independent escort in Victoria.

Not currently.

Following the second round of decriminalisation changes from December 2023, sex workers will legally be able to see clients from their own home given they meet planning requirements for other home-based businesses, such as floor area and number of workers. If you meet these requirements, typically a permit will not be required. You will also need to ensure that you comply with any conditions of your lease, if you have one.

From December 2023, sex workers will also be able to provide in-call services from rented accommodation such as a hotel or apartment.

In Victoria, anyone can apply for a brothel and/or escort license (Sex Work Provider License) with the Business Licensing Authority www.consumer.vic.gov.au. Brothels are limited to six rooms under current law. There are application costs and annual licence fees. For a guide to applying for a brothel and/or escort license and the relevant forms contact the Business Licensing Authority on 1300 135 452 or visit their website here.

These requirements will change as the decriminalisation reforms commence. From December 2023, there will be no requirement for businesses to obtain a brothel license, however they will have to meet the planning requirements of local councils and follow other relevant regulations.

Before the Sex Work Decriminalisation Act 2022, sex workers were required by legislation to provide proof of attendance for quarterly STI screening. While this is no longer a legal requirement, it might be a requirement of employment at some brothels and agencies.

No, this has never been a legal requirement of Victorian sex workers.

No, the first round of legislative changes from the Sex Work Decriminalisation Act 2022 on May 10 2022 removed the section of the Sex Work Act 1994 which criminalised engaging in sex work with an STI, or Blood Borne Virus such as HIV.

From the Department of Health website:

“Under decriminalisation, sex work will be treated like any other work. Standard obligations under occupational health and safety laws will apply such as maintaining a work environment that is safe and free from risks to health as far as reasonably practicable. The Department of Health is developing clear and practical guidance for infection prevention and control in diverse sex industry contexts.

In the first stage of reforms, the majority of sex work specific offences, including engaging in sex work with an STI or BBV, will be repealed. The sexual activity that sex workers engage in while at work will be treated the same as sexual activity by any other community member. In Victoria, it is not a criminal offence to have sex (with or without a condom) with an STI or BBV. However, those who test positive for any infectious disease have a responsibility to take reasonable precautions to prevent spreading the infection to others.

The Public Health and Wellbeing Act 2008 (‘the Act’) is the key mechanism for how we manage, control and respond to infectious diseases in Victoria, including STIs and BBVs. The Act applies to all persons.

The Act includes notification requirements for medical practitioners and pathology services as well as Chief Health Officer powers to respond to a serious risk to public health. The public health response to BBVs and STIs includes surveillance, partner notification (contact tracing), guidelines for managing HIV transmission risk behaviours, and provision of education and support for people diagnosed with an STI or BBV and the broader community.

Like other community members who test positive for an STI or BBV, sex workers conscientiously avoid practices that expose others to transmission. However, in the rare case of an individual who engages in behaviours that put others at risk, the Chief Health Officer has a number of powers available to undertake a risk assessment and manage the risk.”

From the Department of Health website:

“Brothels and escort agencies, including exempt small owner-operators, need to comply with the Public Health and Wellbeing Act 2008 (‘the Act’). Specific obligations for proprietors of brothels and escort agencies remain in place until 1 December 2023. After the second stage of reforms, mainstream public heath provisions and occupational health and safety laws will continue to apply.

The Act currently sets out several public health provisions specific to brothels and escort agencies. In summary, these include provisions to:

• Provide a free supply of condoms and water-based lubricant to workers.
• Store condoms in an appropriate manner.
• Take reasonable steps to ensure condom use for vaginal, anal and oral sex.
• Not discourage the use of condoms allow workers to refuse services based on suspected infection or unwillingness to use a condom.
• Provide easily accessible and medically accurate information on STI transmission in relevant languages.
• Take reasonable steps to ensure a medical certificate is not used as evidence that a worker does not have an STI.
• Provide clean linen and towels provide clean shower facilities with hot water.

These provisions will not be repealed until the second stage of reforms. Proprietors of brothels and escort agencies will need to comply with these provisions until December 2023. After the second stage of reforms, proprietors will still need to comply with mainstream occupational health and safety standards.

Following the second stage of reforms, the sex industry will be regulated under standard occupational health and safety laws. Broad and non-specific provisions in the Public Health and Wellbeing Act 2008 will also apply to address any serious risk to public health. These laws are applicable to all persons, not just sex workers.

Both workers and employers or owner/operators will continue to have a range of responsibilities to manage health risks at work. Employers or owner/operators will continue to be expected to provide clean linen, towels, and facilities and personal protective equipment, such as condoms and lubricant.”

Below is a list of public HIV and STI testing clinics in Victoria.

*Other clinics and doctors may charge for both HIV and STI testing. Best to ask first.

 

Melbourne Metropolitan

Dandenong Sexual Health Nurse
84 Foster Street
Dandenong 3185

T: (03) 9794 3175

Melbourne Sexual Health Centre
580 Swanston Street
Carlton 3053

(03) 9347 0244 or 1800 032 017

Royal Woman’s Hospital
132 Grattan Street
Carlton 3053

T: (03) 9344 2000

Royal Melbourne Hospital
Infectious Diseases Services
Grattan Street
Parkville 3052

T: (03) 9342 7000

 

Rural

Ballarat Community Health Sexual Health Clinic
12 Lilburne Street
Lucas 3350

T: (03) 5838 4500

Bendigo Community Health Sexual Health Clinic
3 Seymoure Street
Eaglehawk 3556

T: (03) 5446 8800

Barwon Reproductive and Sexual Health Clinic
Outpatients Annexe, Corner Bellerine and Lt Ryrie streets
Geelong 3220

T: (03) 5226 4915
T: 0466 376 158 (Tuesday afternoon clinic)

Frankston Hospital
Sexual Health Clinic
2 Hastings Road
Frankston 3199

T: 1300 665 781

Rosebud Community Health
Sexual & Reproductive Health
Women’s Services
38 Braidwood Ave
Capel Sound 3940

T: 1300 665 781

Albury Sexual Health Service Clinic 72
Albury Community Health
596 Smollett St
Albury 2640

T: (02) 6056 1589

For more information phone RhED 1800 458 752 or email sexworker@sexworker.org.au
For further sex worker friendly referrals, please contact RhED

If you are asked to take any such tests you have every right to refuse. Such a request is an infringement on your right to privacy. If you are worried about this kind of practice in your agency, contact RhED on 1800 458 752 or a legal professional for advice. Remember, any information you do give your employer regarding your health is confidential. Your employer/s are obliged (by law) not to discuss or make available to others such information, without your consent.

Up until December 2023, you will still need to apply to be an Approved Brothel Manager.

All Victorian brothels need to be supervised by either the licensee or an approved brothel manager at all times they are open for business. To become an Approved Brothel Manager in Victoria you need to apply for approval as a Brothel Manager with the Business Licensing Authority at 113 Exhibition Street, Melbourne 1300 135 452. Application forms and guides to making an application can be found here

As you have to complete a detailed form regarding your knowledge of the Sex Work Act and Regulations, it is advisable that you obtain your own copy of the Act and Regulations from Information Victoria for a small fee (phone 1300 366 356) or you can download it here from the Victorian Parliamentary website

RhED is able to provide linkages to brothels seeking management support.  For more information phone RhED 1800 458 752 or email sexworker@sexworker.org.au

The Australian Taxation Office (ATO) administers laws that cover all people who earn money. All money earners are ‘obliged’ to pay their share of tax. Taxation law is complex, so get advice from an accountant, tax lawyer or ATO (13 28 61 or www.ato.gov.au ).

How much tax you end up paying will depend on what you claim as legitimate work related expenses. Get advice about claims from a tax adviser or accountant; in the meantime keep receipts and records of all expenses.

How much tax, how you pay and when you pay also depends on whether you are an employee or whether you are a self-employed contractor. Get advice from a tax accountant or the ATO if you have any doubts about your employment status.

If you are a contractor who is self-employed you are entitled to apply for an Australian Business Number or ABN. You cannot apply for an ABN if you are an ‘employee’. Application forms can be obtained from the ATO’s publications department on 1300 720 092, from the ATO website address http://www.ato.gov.au/businesses , and the Australian Business Register website http://www.abr.gov.au/ABR_BC/ . All ABNs are recorded in the Australian Business Register, which is publicly accessible.

RhED can provide you with a list of sex worker friendly accountants and financial advisers.

For more information phone RhED 1800 458 752 or email sexworker@sexworker.org.au

Your employment status affects your liability for the Goods and Services Tax (GST). If you are an employee you do not need to account for GST. However, the situation can be complex depending on where you work, how the fee is collected from the client, how GST is collected from the client and how payments are distributed between the establishment, the sex worker and the ATO. For further information from the ATO go to http://www.ato.gov.au/Business/GST/In-detail/Your-industry/Other-industries/GST-and-the-sex-industry—questions-and-answers/

If you have any doubts at all you should discuss your situation with an accountant and/or the ATO on 13 24 78. It’s better to find out from the start, and from an expert, than to risk a bad result from a tax audit. RhED can provide you with a list of sex worker friendly accountants and financial advisers. You can also get more information about the GST from the ATO website: www.ato.gov.au.

From the Department of Health website:

“Brothels and escort agencies, including exempt small owner-operators, need to comply with the Public Health and Wellbeing Act 2008 (‘the Act’). Specific obligations for proprietors of brothels and escort agencies remain in place until 1 December 2023. After the second stage of reforms, mainstream public heath provisions and occupational health and safety laws will continue to apply.

The Act currently sets out several public health provisions specific to brothels and escort agencies. In summary, these include provisions to:

• Provide a free supply of condoms and water-based lubricant to workers.
• Store condoms in an appropriate manner.
• Take reasonable steps to ensure condom use for vaginal, anal and oral sex.
• Not discourage the use of condoms allow workers to refuse services based on suspected infection or unwillingness to use a condom.
• Provide easily accessible and medically accurate information on STI transmission in relevant languages.
• Take reasonable steps to ensure a medical certificate is not used as evidence that a worker does not have an STI.
• Provide clean linen and towels provide clean shower facilities with hot water.

These provisions will not be repealed until the second stage of reforms. Proprietors of brothels and escort agencies will need to comply with these provisions until December 2023. After the second stage of reforms, proprietors will still need to comply with mainstream occupational health and safety standards.

Following the second stage of reforms, the sex industry will be regulated under standard occupational health and safety laws. Broad and non-specific provisions in the Public Health and Wellbeing Act 2008 will also apply to address any serious risk to public health. These laws are applicable to all persons, not just sex workers.

Both workers and employers or owner/operators will continue to have a range of responsibilities to manage health risks at work. Employers or owner/operators will continue to be expected to provide clean linen, towels, and facilities and personal protective equipment, such as condoms and lubricant.”

Performing a client health check

Checking your clients for visible signs of STIs is a standard part of the professional service you provide, and the client should expect this; if not then this is an opportunity to educate them. Once the client enters the room and before the service begins is the time to mention you need to do a standard health check on them. Each worker has a different way of going about this (some may opt for a sexy-nurse like health check, others may be more clinical). Will experience you will work out the ways that feel most comfortable for you.

Where to look

• Lift the client’s penis/look between vaginal lips, and have a good look around the genital area
• Lift the testicles and pull back the foreskin
• Look between the area of the anus and penis
• Around the anal area
• Through the pubic hair

What to look for

• Sores, blisters, rashes, and warts
• Itching, redness, swollen glands, unpleasant odour
• Pubic lice
• Look over the mouth and lips for blisters and sores, especially if you are going to kiss your client

Note:    Pre-cum can look normal but it may still be infectious.

Urinating can clear away a penile discharge and it can be some time before it is visible again.
Be aware that some STIs are not visible to the eye which is why sex workers always use protection.
It is preferable to do the STI check prior to a shower as the shower can wash away discharge and odour.

Once you are satisfied with your client’s health check, you can direct them to have a shower before the service commences. Brothels will have a shower in each room, and it is stand for a client to shower (without you) before a booking and they should expect it.

If you are unsure about your client’s health check, you could ask another worker (if available) for their opinion. If you see something you are concerned about, you are within your rights to terminate the booking and recommend that the client visits a clinic for tests and treatment before they come back.

If you don’t want to lose the booking, you could offer another type of service such as a hand job, mutual masturbation or an erotic act while they masturbate themselves.

See the Scarlet Alliance Red Book for a comprehensive list of STIs: redbook.scarletalliance.org.au

The Equal Opportunity Act is being amended to include the protective attribute of ‘profession, trade or occupation.’ As sex work is a profession and occupation, this means sex workers will be protected by legislation if someone tries to discriminate against them based on their role as a sex worker.

The Equal Opportunity Act was also amended to make sure sex worker cannot be refused accommodation, which includes applying for rental properties.

You can find more information here

If you feel that you have been discriminated against for being a sex worker, you can contact the Victorian Equal Opportunity and Human Right’s Commission here

Get in touch with RhED on 1800 458 752 or email sexworker@sexworker.org.au if you would like support throughout this process.

WorkSafe are responsible for workplace health and safety under the Victorian Occupational Health and Safety Act 2004 (the OHS Act).

You can visit the Worksafe website to report a serious breach of the OH&S legislation https://www.worksafe.vic.gov.au/report-incident.

RhED can support you in making a report to Worksafe. Get in touch with us on 1800 458 752 or email sexworker@sexworker.org.au if you would like support throughout this process.