Sex Work Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Sex Work Regulations 2016 S.R. No. 47/2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 4 Revocation 2 5 Definitions 2 Part 2—Health and safety requirements 3 6 Sexually transmissible infection 3 7 Safety requirements 3 8 Additional safety requirements—brothels 5 9 Additional safety requirements—escort agencies 7 10 Safety matters relevant to suitability of applicants 9 Part 3—Advertising controls 10 11 Advertising controls 10 Part 4—Small owner operators 13 12 Small owner-operated sex work service providers 13 Part 5—Sexual slavery signage 14 13 Signage relating to sexual slavery 14 14 Prescribed location for display of prescribed signage 14 Part 6—Other matters 15 15 Certificate of Registrar 15 16 Infringement offences and infringement penalties 15 Schedule 1—Sex Work Act 1994 16 Schedule 2—Certificate of Registrar 17 Schedule 3—Infringement offences and infringement penalties 18 ═══════════════ Endnotes 20 -- 1 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 47/2016 Sex Work Act 1994 Sex Work Regulations 2016 The Governor in Council makes the following Regulations: Dated: 24 May 2016 Responsible Minister: JANE GARRETT Minister for Consumer Affairs, Gaming and Liquor Regulation ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is to prescribe for the purposes of the Sex Work Act 1994— (a) a list of sexually transmissible infections; and (b) requirements for the safety of persons working in a sex work business; and (c) safety matters relevant to the suitability of licence applicants; and (d) controls on advertising by sex work service providers; and (e) particulars to be given to the Authority by small owner-operated businesses; and -- 2 of 21 -- Part 1—Preliminary Sex Work Regulations 2016 S.R. No. 47/2016 2 Authorised by the Chief Parliamentary Counsel (f) the form and location of signage regarding sexual slavery; and (g) the form of Registrar's certificates; and (h) additional infringement offences and the infringement penalties for those offences. 2 Authorising provisions These Regulations are made under sections 18, 60A(2), 68 and 90 of the Sex Work Act 1994. 3 Commencement These Regulations come into operation on 1 June 2016. 4 Revocation The following Regulations are revoked— (a) the Sex Work Regulations 2006 1 ; (b) the Prostitution Control (Fees) and Prostitution Control Amendment Regulations 20102 ; (c) the Prostitution Control Amendment Regulations 20103 ; (d) the Sex Work Amendment (Infringements) Regulations 20124 ; (e) the Sex Work Amendment Regulations 20135 . 5 Definitions In these Regulations— business name has the same meaning as in section 3 of the Business Names Registration Act 2011 of the Commonwealth; the Act means the Sex Work Act 1994. -- 3 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Health and safety requirements 6 Sexually transmissible infection For the purposes of the definition of sexually transmissible infection in section 3 of the Act, the following diseases or conditions are prescribed— (a) chlamydia; (b) chancroid; (c) donovanosis; (d) genital and anal herpes (when lesions are visible); (e) genital and anal warts (when lesions are visible); (f) gonorrhoea; (g) infectious syphilis; (h) HIV. 7 Safety requirements (1) If a sex worker decides not to provide, or to stop providing, sexual services because the sex worker believes a situation is potentially violent or unsafe, the sex work service provider must not— (a) dispute the sex worker's decision; or (b) initiate or allow punitive action against the sex worker; or (c) permit another person to do anything referred to in paragraph (a) or (b). Penalty: 40 penalty units. (2) If a sex worker decides not to provide, or to stop providing, sexual services because the sex worker believes a situation is potentially violent or unsafe, the approved manager must not— -- 4 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 4 Authorised by the Chief Parliamentary Counsel (a) dispute the sex worker's decision; or (b) initiate or allow punitive action against the sex worker; or (c) permit another person to do anything referred to in paragraph (a) or (b). Penalty: 40 penalty units. (3) A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not— (a) misrepresent the qualities of any sex worker; or (b) negotiate on behalf of a sex worker the sexual services to be provided by the sex worker. Penalty: 40 penalty units. (4) The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not— (a) misrepresent the qualities of any sex worker; or (b) negotiate on behalf of a sex worker the sexual services to be provided by the sex worker. Penalty: 40 penalty units. Note The requirements of regulation 7 do not affect any duty of an employer or employee under the Occupational Health and Safety Act 2004 or any provision under Division 10 of Part 8 of the Public Health and Wellbeing Act 2008. -- 5 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 5 Authorised by the Chief Parliamentary Counsel 8 Additional safety requirements—brothels (1) If a business is or includes a brothel, the sex work service provider must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services. Penalty: 40 penalty units. (2) If a business is or includes a brothel, the approved manager must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services. Penalty: 40 penalty units. (3) If a business is or includes a brothel, the sex work service provider must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmissible infection. Penalty: 40 penalty units. (4) If a business is or includes a brothel, the approved manager must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmissible infection. Penalty: 40 penalty units. (5) If a business is or includes a brothel, the sex work service provider must ensure that a safer-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work. Penalty: 40 penalty units. -- 6 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 6 Authorised by the Chief Parliamentary Counsel (6) If a business is or includes a brothel, the approved manager must ensure that a safer-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work. Penalty: 40 penalty units. (7) The sex work service provider of a brothel must ensure that a sex worker is not required to clean or disinfect any bath or shower at the premises unless— (a) those facilities have been used by a person to whom sexual services have just been provided by that sex worker; and (b) adequate protective clothing is provided. Penalty: 20 penalty units. (8) The approved manager of a brothel must ensure that a sex worker is not required to clean or disinfect any bath or shower at the premises unless— (a) those facilities have been used by a person to whom sexual services have just been provided by that sex worker; and (b) adequate protective clothing is provided. Penalty: 20 penalty units. (9) The sex work service provider of a brothel must ensure that no person working on the premises as a sex worker is required to clean any bath, shower, toilet or spa at the premises except as required under subregulations (7) and (8), unless— -- 7 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 7 Authorised by the Chief Parliamentary Counsel (a) the sex worker is employed or contracted as a cleaner; and (b) adequate protective clothing is provided. Penalty: 20 penalty units. (10) The approved manager of a brothel must ensure that no person working on the premises as a sex worker is required to clean any bath, shower, toilet or spa at the premises except as required under subregulations (7) and (8), unless— (a) the sex worker is employed or contracted as a cleaner; and (b) adequate protective clothing is provided. Penalty: 20 penalty units. Note The requirements of regulation 8 do not affect any duty of an employer or employee under the Occupational Health and Safety Act 2004 or any provision under Division 10 of Part 8 of the Public Health and Wellbeing Act 2008. 9 Additional safety requirements—escort agencies (1) If a business is or includes an escort agency, to ensure the safety of sex workers delivering sexual services away from the business premises, the sex work service provider must— (a) ensure regular contact with the sex worker is maintained by requiring the sex worker to confirm the sex worker's arrival at each new premises and the completion of each visit; and (b) ensure each sex worker has or is provided with a mobile telephone or an alternative communication device to enable contact with the sex work service provider or the approved manager; and -- 8 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 8 Authorised by the Chief Parliamentary Counsel (c) if the sex worker advises that the sex worker believes that a situation is potentially violent or unsafe, provide assistance to the sex worker as soon as possible; and (d) provide the sex worker with a free supply of condoms and water-based lubricant. Penalty: 40 penalty units. (2) If a business is or includes an escort agency, to ensure the safety of sex workers delivering sexual services away from the business premises, the approved manager must— (a) ensure regular contact with the sex worker is maintained by requiring the sex worker to confirm the sex worker's arrival at each new premises and the completion of each visit; and (b) ensure each sex worker has or is provided with a mobile telephone or an alternative communication device to enable contact with the sex work service provider or the approved manager; and (c) if the sex worker advises that the sex worker believes that a situation is potentially violent or unsafe, provide assistance to the sex worker as soon as possible; and (d) provide the sex worker with a free supply of condoms and water-based lubricant. Penalty: 40 penalty units. (3) Subregulations (1)(a), (b) and (d) and (2)(a), (b) and (d) do not apply to a sex work service provider, or an approved manager of a sex work service provider, who— -- 9 of 21 -- Part 2—Health and safety requirements Sex Work Regulations 2016 S.R. No. 47/2016 9 Authorised by the Chief Parliamentary Counsel (a) satisfies the Director that alternative arrangements in the sex work service provider's business provide greater safety; and (b) ensures that these alternative arrangements are followed at all times in the sex worker service provider's business. Note The requirements of regulation 9 do not affect any duty of an employer under the Occupational Health and Safety Act 2004 or any provision under Division 10 of Part 8 of the Public Health and Wellbeing Act 2008. 10 Safety matters relevant to suitability of applicants For the purposes of section 38(1)(d) of the Act, it is a requirement that the applicant ensures— (a) that all sex workers, receptionists and managers are aware of the requirements of regulations 7, 8 and 9; and (b) that regulations 7, 8 and 9 can and will be complied with at all times. -- 10 of 21 -- Part 3—Advertising controls Sex Work Regulations 2016 S.R. No. 47/2016 10 Authorised by the Chief Parliamentary Counsel Part 3—Advertising controls 11 Advertising controls (1) Every advertisement for a business carried on by a sex work service provider must contain the letters "SWA" followed by— (a) in the case of a sex work service provider who is a small owner operator exempted by section 23 of the Act from the requirement to hold a licence, the exemption number allocated to that sex work service provider by the Authority; or (b) in the case of a sex work service provider who is a holder of a licence granted by the Authority under Part 3 of the Act, the licence number allocated to that sex work service provider by the Authority. (2) The letters referred to in subregulation (1) and either the exemption number referred to in paragraph (a) or the licence number referred to in paragraph (b) must be clearly legible in a point type no smaller than the smallest point type appearing in the advertisement, or 7 point type, whichever is the larger. (3) An advertisement for a business carried on by a sex work service provider must not contain a licence number or exemption number which is false, or which the provider is no longer entitled to use. (4) An advertisement for a business carried on by a sex work service provider must not— (a) subject to subregulation (5), contain a photographic or other pictorial representation of a person unless it is restricted to the head and shoulders; or -- 11 of 21 -- Part 3—Advertising controls Sex Work Regulations 2016 S.R. No. 47/2016 11 Authorised by the Chief Parliamentary Counsel (b) be published through radio, television, film or video recording; or (c) contain a photographic or other pictorial representation of a particular person unless that person has given written consent for that advertisement and a copy of the signed consent has been given to that person; or (d) refer to the health of, or any diagnostic procedures or medical testing undertaken by, the person offering sexual services. (5) An advertisement for a business carried on by a sex work service provider that is published on the Internet may contain a photographic or other pictorial representation of a person which is not restricted to the head and shoulders, provided that the advertisement does not contain a photographic or other pictorial representation of— (a) the bare sexual organs, buttocks or anus of a person, or frontal nudity of the genital region; or (b) bare breasts; or (c) a sexual act or simulated sexual act; or (d) a person under the age of 18 years. (6) An advertisement for a business carried on by a sex work service provider may— (a) contain references to the sexual orientation, race, colour or ethnic origin of the person offering sexual services; and (b) state that safer sexual practices are engaged in and that condoms are always used. -- 12 of 21 -- Part 3—Advertising controls Sex Work Regulations 2016 S.R. No. 47/2016 12 Authorised by the Chief Parliamentary Counsel (7) A person must not arrange for any photograph, pictorial representation, text or other material to appear in conjunction with an advertisement for a business carried on by a sex work service provider unless that material is itself an advertisement for such a business. (8) An advertisement for a business carried on by a sex work service provider must not exceed a size of 18 centimetres by 13 centimetres unless— (a) it appears in outdoor advertising; or (b) it appears in an electronic communication; or (c) it appears on the Internet. (9) If 2 or more advertisements for a sex work service provider are published in the same publication, apart from an advertisement referred to in subregulation (8)(a), (b) or (c), they must not form part of a unified whole which exceeds a size of 18 centimetres by 13 centimetres. -- 13 of 21 -- Part 4—Small owner operators Sex Work Regulations 2016 S.R. No. 47/2016 13 Authorised by the Chief Parliamentary Counsel Part 4—Small owner operators 12 Small owner-operated sex work service providers (1) For the purposes of section 24(1) of the Act, the following particulars are prescribed— (a) for each person working as a sex work service provider in the business— (i) all names by which the person has been and is known; and (ii) the person's date of birth; and (iii) the person's residential address; (b) all business names under which the sex work business will be carried on; (c) the business address and all telephone numbers, and any electronic addresses used in carrying on the sex work business; (d) if available, an ABN. (2) For the purposes of section 24(1) of the Act, if a business is or includes a brothel, the following particulars are also prescribed— (a) the name and address of the owner of the premises at which the business is conducted; (b) if the premises are leased, the landlord's approval and a copy of the lease; (c) a copy of the planning permit granted by the responsible authority in respect of the business. -- 14 of 21 -- Part 5—Sexual slavery signage Sex Work Regulations 2016 S.R. No. 47/2016 14 Authorised by the Chief Parliamentary Counsel Part 5—Sexual slavery signage 13 Signage relating to sexual slavery (1) For the purposes of section 60A(1) of the Act, the prescribed signage is the sign set out in Schedule 1 with black print on a white background in point type no smaller than 12 point type. (2) The prescribed signage must include any non-English translations of the sign set out in Schedule 1— (a) approved by the Director; and (b) in a form approved by the Director, with black print on a white background in point type no smaller than 12 point type. 14 Prescribed location for display of prescribed signage For the purposes of section 60A(2)(b) of the Act, the prescribed locations where the prescribed signage must be displayed are— (a) a conspicuous location in the reception area of the premises of the sex work service providing business from which the signage is visible to, and able to be read by, any person in the reception area; and (b) a conspicuous location in every room used for sex work in those premises from which the signage is visible to, and able to be read by, any person in the room. -- 15 of 21 -- Part 6—Other matters Sex Work Regulations 2016 S.R. No. 47/2016 15 Authorised by the Chief Parliamentary Counsel Part 6—Other matters 15 Certificate of Registrar For the purposes of section 89(2) of the Act, the certificate must be in the form of Schedule 2. 16 Infringement offences and infringement penalties For the purposes of section 89A(1) of the Act— (a) an offence specified in column 2 of Schedule 3 is a prescribed offence in respect of which an infringement notice may be issued; and (b) the prescribed infringement penalty for each infringement offence is the penalty specified in column 3 of the corresponding entry of Schedule 3. -- 16 of 21 -- Schedule 1—Sex Work Act 1994 Sex Work Regulations 2016 S.R. No. 47/2016 16 Authorised by the Chief Parliamentary Counsel Schedule 1—Sex Work Act 1994 Regulation 13 ARE YOU AFRAID TO SAY NO TO SEX WORK? YOU MAY BE A VICTIM OF SEXUAL SLAVERY IF • you were lied to or tricked into sex work • you don't get paid for doing sex work • someone else controls your money or passport • you owe money to someone who forces you to do sex work The police can PROTECT and HELP you. Call the Australian Federal Police on 131 237 or Victoria Police on 000 or email [email protected] If you think you or someone else is a victim call Crime Stoppers Victoria on 1800 333 000. You don't have to say your name. -- 17 of 21 -- Schedule 2—Certificate of Registrar Sex Work Regulations 2016 S.R. No. 47/2016 17 Authorised by the Chief Parliamentary Counsel Schedule 2—Certificate of Registrar Regulation 15 Sex Work Act 1994 CERTIFICATE OF REGISTRAR With respect to the register referred to in *section 24/section 55(1) of the Sex Work Act 1994, I certify that— Dated: Signed: Registrar Business Licensing Authority *Delete if inapplicable -- 18 of 21 -- Schedule 3—Infringement offences and infringement penalties Sex Work Regulations 2016 S.R. No. 47/2016 18 Authorised by the Chief Parliamentary Counsel Schedule 3—Infringement offences and infringement penalties Regulation 16 Column 1 Item Column 2 Infringement offence Column 3 Infringement penalty 1 An offence against section 17(1)(a) of the Act 4 penalty units 2 An offence against section 17(1)(b) of the Act 4 penalty units 3 An offence against section 17(2) of the Act 4 penalty units 4 An offence against section 17(3)(a) of the Act 4 penalty units 5 An offence against section 17(3)(b) of the Act 4 penalty units 6 An offence against section 17(4)(a) of the Act 4 penalty units 7 An offence against section 17(4)(b) of the Act 4 penalty units 8 An offence against section 21(1)(a) of the Act 5 penalty units 9 An offence against section 21(1)(b) of the Act 5 penalty units 10 An offence against section 52(4) of the Act 6 penalty units 11 An offence against section 60A(1) of the Act 1 penalty unit 12 An offence against regulation 8(1) of these Regulations 4 penalty units 13 An offence against regulation 8(2) of these Regulations 4 penalty units 14 An offence against regulation 8(3) of these Regulations 4 penalty units -- 19 of 21 -- Schedule 3—Infringement offences and infringement penalties Sex Work Regulations 2016 S.R. No. 47/2016 19 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement offence Column 3 Infringement penalty 15 An offence against regulation 8(4) of these Regulations 4 penalty units 16 An offence against regulation 8(5) of these Regulations 4 penalty units 17 An offence against regulation 8(6) of these Regulations 4 penalty units ═══════════════ -- 20 of 21 -- Endnotes Sex Work Regulations 2016 S.R. No. 47/2016 20 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(a): S.R. No. 64/2006. Reprint No. 1 as at 1 December 2010. Reprinted to S.R. No. 106/2010. Subsequently amended by S.R. Nos 41/2012 and 2/2013. 2 Reg. 4(b): S.R. No. 97/2010. 3 Reg. 4(c): S.R. No. 106/2010. 4 Reg. 4(d): S.R. No. 41/2012. 5 Reg. 4(e): S.R. No. 2/2013. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. -- 21 of 21 --