Howard Porter has made enough amendments to the bill to get it passed.
As soon as \i get a copy \i will post, \i have just been told they are going to restrict all phone numbers to land lines.
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Significant changes to the Prostitution Bill 2011 based on public consultation
Enforcement
The Bill now prohibits mobile telephone numbers from advertisements for prostitution businesses.
The Bill now expressly prohibits escorts and escort agencies rather than using conditions attached to licences to prevent escort services.
Licensing
To enhance the likelihood of businesses and individuals operating within the licensed system, the Bill now provides that individuals who wish to work as prostitutes may either:
apply to the licensing authority for a licence which will permit the person to work at a prostitution business where an operator holds a valid operator’s licence without providing further identifying information; or
to work for one or more prostitution businesses where the operator holds a valid operator’s licence without a prostitution licence, in which case the operator is responsible for obtaining from the applicant proof of age and residency status.
The Bill now stipulates that following the first renewal of an operator’s licence (which will be after three years of operation) where they have not been convicted of any offence an operator may seek to be licensed to operate up to two more prostitution businesses. Because the overall number of licences to be issued in the State will be limited, this will encourage lawful behaviour within the licensed system.
The Green Bill set out restrictions as to the number of staff who could be present at any time. This has been amended so that the number of staff and rooms is not specified in the Bill but may be restricted through conditions attached to the licence.
Health, Welfare and Protecting Vulnerable People
The Green Bill prohibited a prostitution business from operating from licensed premises that serve alcohol. This has been expanded to prohibit an operator or manager of a prostitution business from providing alcohol to clients or permitting clients to bring alcohol onto the premises.
Access to the identifying information of prostitutes will be restricted and brothel operators will be penalised for misuse of personal information. The penalty will be five years imprisonment on indictment and three years imprisonment for a summary offence.
The Bill includes a new provision to establish a special fund to finance services to assist individuals who wish to leave the prostitution industry who may need help in the areas of education, training, employment, accommodation, financial management, alcohol and drug addiction or other issues. The fund will also assist WA Police target unlawful prostitution. The fund will be equivalent to a percentage of license fees, and those fines or penalties paid under the Bill and will be determined by regulation.
The Bill now clarifies that workers of health and welfare organisations are able to enter a place where prostitutes are suspected of working unlawfully without risk of prosecution.
The Bill now provides that when making an application for an operator’s licence or a self-employed prostitute’s licence, a person must set out the proposed action required to maintain sexual health, and to ensure no drug use is occurring on the premises. Failure to comply with such a plan will constitute grounds for a licence of a prostitute, manager or operator to be suspended or cancelled.
Planning and Development Controls
The Green Bill included a provision to allow the CEO of the licensing authority to limit the number of each kind of
licence. The Bill now stipulates that the number of each type of licence, and the areas in which they will be issued will be limited by regulation. This will provide Parliament with direct oversight over how many prostitution businesses are permitted to operate in Western Australia. The definition of ‘residential area’ has been clarified, and the Bill now states that, in addition to the prohibition on prostitution businesses in ‘residential areas’, the planning authority must not approve a prostitution business in an area that it considers to have a significant number of residential dwellings.
The Bill now clarifies that local governments can make a submission to the Minister seeking a no licence area order.
The Bill now provides that approval for an existing business to continue to operate is to be contingent upon local government agreement