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ABC News
ABC News
National
state political reporter Kate McKenna

Queensland Law Reform Commission recommends widespread changes to sex work laws to decriminalise the industry

The Palaszczuk government asked the QLRC to recommend a framework for a decriminalised sex work industry. (ABC News: Chris Gillette)

Queensland will decriminalise sex work after a major review found it should be treated as a job, not a crime, and regulated the same as other businesses.

Currently, sex can only be legally sold in about 20 licensed brothels across the state or by people working alone.

The Palaszczuk government asked the Queensland Law Reform Commission to review and recommend a framework for a decriminalised sex work industry.

It made 47 recommendations – including removing sex work licensing.

Attorney-General Shannon Fentiman said the government is "broadly supportive" of the recommendations, however, will need to consult with stakeholders.

"We support decriminalisation, I'm here today to announce we are decriminalising sex work," she said.

"But we will need to work through each of the recommendations to work out how best to implement the intent of the Law Reform Commission and we need to do that with key stakeholders, particularly local governments around local planning laws."

Shannon Fentiman says the government aims to introduce legislation by the end of the year. (ABC News: Stuart Bryce)

Ms Fentiman said the government hopes to introduce legislation by the end of the year.

"It will take some time to work through these recommendations and the frameworks that need to be put in place, but I'm also cognisant that when you read the report, sex workers are being stigmatised and discriminated right now, so we do want to get this done" she said.

She said the QLRC has conducted extensive research and consultation, including looking at other jurisdictions that have already decriminalised sex work, including the Northern Territory, New South Wales, Victoria and New Zealand.

"No worker should have to choose between working safely and working legally – including our sex workers," Ms Fentiman said.

Steps to lessen 'significant stigma and discrimination' 

A summary of the QLRC's report said current laws "stigmatise" sex workers, increase their vulnerability to exploitation and violence, are difficult to comply with, and create barriers to accessing health, safety and legal protections.

It has outlined a recommended framework it says aims to treat sex work businesses "the same as other lawful businesses" with the same general laws applying.

"Sex work businesses should be neither unfairly disadvantaged nor unfairly privileged," the summary report said.

"Special laws that single out sex work are not needed since laws of general application are fit for purpose."

The QLRC recommended the same general public health, advertising and work laws, as well as the codes and standards, planning requirements, and rights that regulate other businesses, should apply to the sex work industry.

Other proposed changes include removing sex work offences against consensual adult activity, and allowing sex workers to work alone, with others or as part of sex work businesses.

It also recommends sex work advertising not be prohibited on TV or radio, and for planning rules to allow sex work services to operate in centre (commercial) and mixed-use zones, "not just in industrial zones".

Further changes suggested by the QLRC include for sex work licensing to be eliminated, the Prostitution Licensing Authority to be abolished, and for police not to have extra powers, like posing as clients, to gather evidence of sex-work specific offences.

The review also notes sex workers experience "significant stigma, discrimination, and barriers to exercising their rights" and recommended stronger anti-discrimination protections.

"[It means] accommodation providers and employers will not have specific exemptions allowing them to discriminate, in particular circumstances, against people because they are sex workers," the report summary says.

The QLRC has called for the changes to be supported by education and training, and reviewed after four to five years after taking effect.

'Police will not be the regulators'

Lulu Holiday, who has been a sex worker for 13 years, says decriminalising the industry will make her feel safer at work.

"Sex workers in Queensland really do need to decide whether we're going to work legally or safely because of the criminalisation of all of our basic safety strategies," she says.

"[Decriminalising means] I'll be able to do my work without worrying that any client who reaches out to me that I'm talking to might be a police officer trying to find something to arrest me for."

She says decriminalising sex work will also mean access to industrial rights and workplace health and safety guidelines.

Queensland sex worker Lulu holiday (left) says the proposed changes will make her feel safer from police prosecution.  (ABC news: Ciara Jones)

"It means a lot of changes to the way that sex work will be regulated, so police will not be the regulators of 90 per cent of the sex industry anymore," she said.

However, she is urging the government to continue consulting with sex workers to ensure there aren't any barriers or unintended consequences moving forward.

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