DISCLAIMER
The information presented in this section by Langtrees.com is not legal advice, it is only to be used as an introduction to the law and you should seek legal assistance if you have a problem. This information only applies to sex workers working in Victoria. Sex workers in other states should refer to the information contained in their state.
The Prostitution Control Act (1994) is the legislation which governs businesses providing sexual services in Victoria. The definition of sexual services is very broad and the Act states as follows:
"sexual services" includes-
(a) taking part with another person in an act of sexual penetration; and
(b) masturbating another person; and
(c) permitting one or more persons to view any of the following in their presence-
(i) two or more persons taking part in an act of sexual penetration;
(ii) a person introducing (to any extent) an object or a part of their body into their own vagina or anus;
(iii) a person masturbating himself or herself or two or more persons masturbating themselves or each other or one or more of them-
in circumstances in which-
(iv) there is any form of direct physical contact between any person viewing the occurrence and any person taking part in the occurrence; or
(v) any person viewing the occurrence is permitted or encouraged to masturbate himself or herself while viewing-
and, for the purposes of this definition, a person may be regarded as being masturbated whether or not the genital part of his or her body is clothed or the masturbation results in orgasm.
Under this legislation all businesses providing sexual services are to be licensed. Included amongst these businesses were escort agencies, brothels, and private operators. All licensees are recorded on a public register a copy of which can be obtained from the Victorian Business Licensing Authority. Private operators are not required to be licensed although they must still register with the Business Licensing Authority. This register is not open for public inspection but can be accessed by a number of Government Departments.
Businesses providing in-house services must also obtain Town Planning Permits.
At present there are 86 licensed brothels (some of whom also run escorts), 38 licensed escort agencies and 1461 registered solo operators.
Brothels
In Victoria brothels can operate legally if they have a town planning permit obtained from local council and are licensed through the Business Licensing Authority (B.L.A). These businesses must display a 'P.C.A' number in all advertising and have their license on display. Brothels are distinguishable by a 'B' following the P.C.A number. Brothels may also provide an escort service.
Escort
Escort agencies do not require a planning permit but must be licensed through the B.L.A. Their advertisements must also show a P.C.A number and this number is followed by an 'E'.
Private operators
Solo operators are not required to be licensed however they must register with the Business Licensing Authority and obtain a P.C.A number. Again, this number must appear in all advertising. A private escort worker will have an 'XE' following their number and a private worker offering an in-house service will have an 'XB' following their number. If they are working from their own premises they require a planning permit.
Advertising
Advertising of sex industry businesses in Victoria is highly regulated. It is an offence for anyone to place an advertisement for sexual services without a P.C.A number and it is also an offence for someone to publish such an ad.
Advertising for staff is not allowed including ancillary staff such as cleaners and receptionists.
Pictorial representations in advertisements must be limited to the head and shoulders. If models are used their written consent must be obtained.
Advertisements must not refer to the race, colour or ethnic origin of the sex workers. They are also not able to refer to the health of the service providers or their sexual orientation.
The Illegal Industry
While Victoria has a legal adult industry it also continues to have an illegal side. If a business is providing sexual services and is not licensed or does not have a planning permit for a brothel they are illegal. It has been suggested that the illegal industry is as large, and some argue larger, than the legal industry. This is probably true in terms of the number of businesses but these businesses are smaller and hence there are far fewer service providers involved.
The other illegal aspect of Victoria's adult industry is street prostitution. Street prostitution, while primarily concentrated in St Kilda, does occur in isolated pockets around the city. It is illegal for workers to solicit clients as well as for clients to solicit workers or would be workers.
The information presented in this section by Langtrees.com is not legal advice, it is only to be used as an introduction to the law and you should seek legal assistance if you have a problem. This information only applies to sex workers working in Victoria. Sex workers in other states should refer to the information contained in their state.
The Prostitution Control Act (1994) is the legislation which governs businesses providing sexual services in Victoria. The definition of sexual services is very broad and the Act states as follows:
"sexual services" includes-
(a) taking part with another person in an act of sexual penetration; and
(b) masturbating another person; and
(c) permitting one or more persons to view any of the following in their presence-
(i) two or more persons taking part in an act of sexual penetration;
(ii) a person introducing (to any extent) an object or a part of their body into their own vagina or anus;
(iii) a person masturbating himself or herself or two or more persons masturbating themselves or each other or one or more of them-
in circumstances in which-
(iv) there is any form of direct physical contact between any person viewing the occurrence and any person taking part in the occurrence; or
(v) any person viewing the occurrence is permitted or encouraged to masturbate himself or herself while viewing-
and, for the purposes of this definition, a person may be regarded as being masturbated whether or not the genital part of his or her body is clothed or the masturbation results in orgasm.
Under this legislation all businesses providing sexual services are to be licensed. Included amongst these businesses were escort agencies, brothels, and private operators. All licensees are recorded on a public register a copy of which can be obtained from the Victorian Business Licensing Authority. Private operators are not required to be licensed although they must still register with the Business Licensing Authority. This register is not open for public inspection but can be accessed by a number of Government Departments.
Businesses providing in-house services must also obtain Town Planning Permits.
At present there are 86 licensed brothels (some of whom also run escorts), 38 licensed escort agencies and 1461 registered solo operators.
Brothels
In Victoria brothels can operate legally if they have a town planning permit obtained from local council and are licensed through the Business Licensing Authority (B.L.A). These businesses must display a 'P.C.A' number in all advertising and have their license on display. Brothels are distinguishable by a 'B' following the P.C.A number. Brothels may also provide an escort service.
Escort
Escort agencies do not require a planning permit but must be licensed through the B.L.A. Their advertisements must also show a P.C.A number and this number is followed by an 'E'.
Private operators
Solo operators are not required to be licensed however they must register with the Business Licensing Authority and obtain a P.C.A number. Again, this number must appear in all advertising. A private escort worker will have an 'XE' following their number and a private worker offering an in-house service will have an 'XB' following their number. If they are working from their own premises they require a planning permit.
Advertising
Advertising of sex industry businesses in Victoria is highly regulated. It is an offence for anyone to place an advertisement for sexual services without a P.C.A number and it is also an offence for someone to publish such an ad.
Advertising for staff is not allowed including ancillary staff such as cleaners and receptionists.
Pictorial representations in advertisements must be limited to the head and shoulders. If models are used their written consent must be obtained.
Advertisements must not refer to the race, colour or ethnic origin of the sex workers. They are also not able to refer to the health of the service providers or their sexual orientation.
The Illegal Industry
While Victoria has a legal adult industry it also continues to have an illegal side. If a business is providing sexual services and is not licensed or does not have a planning permit for a brothel they are illegal. It has been suggested that the illegal industry is as large, and some argue larger, than the legal industry. This is probably true in terms of the number of businesses but these businesses are smaller and hence there are far fewer service providers involved.
The other illegal aspect of Victoria's adult industry is street prostitution. Street prostitution, while primarily concentrated in St Kilda, does occur in isolated pockets around the city. It is illegal for workers to solicit clients as well as for clients to solicit workers or would be workers.