• If you are having any problems posting threads plz message Kate. since latest update we have had 6 members with problems, sorted those but yet to find the problem.

Question for SirStefan

  • Thread starter Thread starter Miranda Fox
  • Start date Start date
Status
Not open for further replies.
M

Miranda Fox

Hi SirStefan,

I would like to ask "What are the Laws regarding Private Escorts from others States working within NSW. ?
1. For example "Are Private Escorts allowed to work from a Motel in NSW"?

2. Same question for Tasmania too please ?

Look forward to your reply

:)
 
Hi Miranda,
Thanks for the question, sadly the laws in Australia are not uniform and may vary from State to State.... Hence what may be legal in one State may be illegal in another.

However, generally speaking a Girl working privately and alone, from her residence or a hotel, is not breaking the law.

Having said that I would urge that you check more thouroughly with the relative State authority just to make sure.

The following extracts may assist you?

regards
SirStefan.
 
Last edited by a moderator:
Hi Miranda.... THIS may help relative to NSW
Regards
Sir Stefan

Summary of NSW State Sex Work Laws
Please note: this is a summary only of exisiting NSW laws.For further details please refer to the relevant act or seek legal advice.
Working in a Brothel
Legal
Decriminalised
However, the brothel may be required to obtain Council consent to operate, and may be prohibited in zones or locations proscribed by Council
Brothel regulation
Brothels are no longer under the jurisdiction of the police. Their legal status may be controlled by local council through Planning policys (LEPs and DCPs)and the Development Approval (DA) process under the Planning and Assessment Act
Working as a Sole Operator
Legal but at the individual discretion of Councils and may be covered by the same zoning requirements (LEP’s) as brothels, as the definition of a brothel can include one worker working from their own home or premises
Working from the Street
Legal
However, it is an offence for a sex worker or a client to solicit or take part in sex (including in a vehicle) in or within view of a dwelling, school, church or hospital.
Street sex workers can be fined for loitering under local by-laws by council staff. Police can fine street sex workers for not following a reasonable direction.
Working as an Escort
Legal
2
HIV/AIDS and Sex Work - Public Health Provisions
New South Wales public health laws specific to sex work. Public Health Act is the key Act. The numbers in brackets eg (s13) precede the relevant section of the act
.
Sex Workers
STI (s.13) It is illegal for a person with a sexually transmissible medical condition to have sexual intercourse with another person unless the person with the condition informs the other person of the risk of contracting the condition and that person voluntarily accepts the risk.
Owner/Operators
STI (s.13) It is an offence for the proprietor of commercial sexual services to knowingly allow a sex worker or a client with a sexually transmissible condition to have sexual intercourse without informing the other person of the risk of contracting the condition and that person voluntarily accepting the risk.
 
Last edited by a moderator:
Hello again Miranda,
This may help relative to TASMANIA.
regards
Sir Stefan

Sex Work Laws in Tasmania
Tasmania has criminalised brothels. Two sex workers working together is allowed however there are conditions. You can read the legislation to see whether your particular circumstance is covered.Link to the Sex Industry Offences Act 2005

Historically Tasmania has a heavily criminalised sex industry. And previous to the introduction of the current Sex Industry Offences Act in 2005 “prostitution” was dealt with under the police offences act and included crimes such as “running a bawdy house” and “living off the earnings of prostitution”. Today, brothels remain remain remain remain illegal and street work and even clients of brothels are also criminalised under the current Act.

However, private work is legal and you can work from a hotel or residence without police interaction. Link to media article on sex worker tourists in Hobart.

Sex Workers
Allows one or two sex workers to work privately if 'neither of whom employs or manages the other'"
Assisting another person with answering the phone, paying bills, tax advice or accounts could mean it is considered a brothel (ie illegal).
Local Councils will still have a say in how this works and where. Precedence in Australian and New Zealand shows that sex workers may be excluded from residential areas, kept away from main streets that include schools and forced into industrial areas.
Police will have new and excessive powers including access to bank account information on those suspected of operating a brothel or organising the workplace where two people work.
Sections of the Act remove natural justice and reverse the onus of proof (so people are not innocent until proven guilty)
protects a prosecution witnesses identity and evidence - (allowing for people to dob in others and then not be identified) For these offences the person charged is not able to find out what evidence the police have been given - so unable to represent themselves fairly.
The right to remain silent has been removed.
All street based sex work is criminalised.
It does however, reverse old Living Off The Earning clauses from the Tasmanian Criminal Code
Brothels:
All brothel owners and operators will be totally criminalised, with huge fines and jail sentences for those who do not comply. - Entry without a warrant in some circumstances.
Clients:
It will be illegal for a client to "knowingly" visit a "Commercial Sexual Services Business" (nb if two workers are working together, but one organises the other will be illegal)

Who are the players in 2009 law reform?

In November 2008 Scarlet Alliance lodged a Submission with the Tasmanian Attorney General Lara Giddings. Download the Submission. More recently both the Catholic church in Tasmania and Scarlet Alliance have lodged submissions with Minister Giddings. The outcomes are still being discussed. Link to media article on this subject.


Who were the players in 2005 law reform?

Who were the players for the brothel criminalisation in 2005? Link here to find out


Who runs sex worker peer education in Tasmania?

Tasmania remains the only juristdiction without funded sex worker peer education - something that Scarlet Alliance has continually lobbied for.

In 2006 Scarlet Alliance established the Commonwealth funded CASH project in Hobart - we purposefully decided to locate part of this project in Tasmania because of the lack of a local sex worker organisation and we employed a project officer for 2days a week. The CASH project took Scarlet Alliance on outreach throughout the industry and across the state and in contact with dozens of sex workers the project produced a targeted resource for sex workers in Tasmania.

In 2009 Scarlet Alliance run an interim sex worker peer education service and you can call them on (03) 6234 1242.

Updated 5 June
 
Thank you SirStefan
for your help here.

Comes after an enquiry I had this morning.

NSW : National Scarlet Alliance Ph : 02 9326 9455

TAS : Scarlet Alliance Ph : 03 6234 1242

Still unsure after reading your posts, will have to ring and ask.

:)
 
Miranda said:
Thank you SirStefan
for your help here.

Comes after an enquiry I had this morning.

NSW : National Scarlet Alliance Ph : 02 9326 9455

TAS : Scarlet Alliance Ph : 03 6234 1242

Still unsure after reading your posts, will have to ring and ask.

:)
Click to expand...

Always a very good idea to phone and enquire firstly as laws can and do change from time to time.... Sir Stefan.
 
NSW : Update

This is still to be cleared up.
This Monday there was an article in the paper about Working Girls and Motels in NSW.
Three Motels have been targetted, why ? When there are other Motels in the Shire..... who knows.

There are motels and working ladies that Need to know what the correct Law is for working within NSW.
I have made alot of phone calls to SWOP, National Scarlet Alliance and not one person can give me a Clear answer on this matter.

Back to the telephone....... to be continued.
 
hi Miranda , u might need to get in touch with the justice dept and ask them to clarify :) :)

John :) :)
 
Hi johnlou,
It is not a matter for the Vic Justice Dept.

It happened in NSW and between the Shire Council and NSW Sex Worker Organisation.
Friday late afternoon I received a phone call from a lady at the Scarlet All office. Stating she had spoken to the General Manager of the Shire Council involved. She told him that unless ...................... Well then he backed down right away.
So unless every area, council, department etc know what they are talking about, it is a good idea to check into the facts first. Before accusing this and that motel of blah.


---------------------------------------------------------------------

I'm not always right. I'm just never wrong.
 
Seems to me there are some 'territorial' issues conflicting with each other here....

Not surprising really when Australia has a 3 level tier of Government...each with it's own 'rule making powers'. ie Federal Government, State government and Local government!

Whilst I can't say what happens in other States, because I do not know, here in Western australia we have a state government who make certain laws...then a series of local governments who make zoning rules... perhaps what is happening in NSW is that a particular council has some councillors who are anti prostitution and so will make zoning rules preventing that activity occurring in certain area/locations/facilities etc?

If so it does not make prostitution itself illegal...what it does is to prevent that particular activity occurring in that particular location/facility

Don't know for sure but it sounds to me very much like that sort of situation.

But if that should in fact be the case.... then anyone engaging in prostitution in those restricted locations/facilities can not be arrested (For that is the preserve of the State or federal Governments)... but they can be issued with a cessation order giving them a specified period of time... usually 7 days or similar.. to cease that operation otherwise face a fine, imposed by local government.

In such situations one just 'moves-on' to another location....returning to the original location a few weeks later... then the whole scenario is replayed, time and again.... it's a nusiance I know...but you will not go to jail for it!
 
Last edited by a moderator:
Thanks for your reply SirStefan,

I was told L.E.T. Guidelines for Council are set out at State Govt level. NSW.

An individual sex worker does have to get approval in NSW.

I was told from a different shire council in NSW, that
In a certain town, in their planning Act if they have it mentioned -
sex worker work can be carried out with council approval.

He said It is an offense without approval from council re working motel.
He also said that Motel owners may seek council approval of activity on their property.
He was so helpful.
 
Ladies,

This is not just about me, there are other Private Escorts involved.
 
All seems to be okay.
I am returning shortly, so I will find out more while I am there.
 
I was in the area last week.....

The Newspaper rang me and wanted to interview me.

Monday morning a Reporter and a photographer came to my Motel room and interviewed me.

Tuesday's paper had two pages about the motels in question, the council and about a few escorts.

I was there all last week working..... and all was fine.
 
Status
Not open for further replies.
Back
Top