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To view submissions on the Sex Work Regulations 2016 consultation (including by Scarlet Alliance, our sex worker member organisation in Victoria- Vixen Collective and our associate member organisation, RhED) click here.
The Sex Work Act 1994 (Section 17) restricts advertising about sex work. It says that an ad must not:
describe sexual services advertise through broadcasting or television induce a person to work as a sex worker use the words “massage”, “masseuse” or “remedial.” or imply that the business is a massage business refer to the health of, or any diagnostic procedures or medical testing undertaken by, the person offering sexual services.
Advertising cannot 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.
The size of an advertisement that appears in print can’t exceed 18cms by 13cms. If you place two ads in one publication the two added together can’t exceed 18 cms by 13 cms.
An ad can talk about the sexual orientation of the sex worker (for example, ‘female worker to male client’) and it can state that safe sex is practised and that condoms are always used.
To comply with the Sex Work Act 1994, advertisements must contain SWA number. The SWA number “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.” (Section 9 (2))
[8] The Business Licensing Authority The Business Licensing Authority is the place where people:
register as running exempt escort or exempt brothel businesses apply to become registered as an Approved Manager of a brothel or renew an approval lodge applications for licences if they want to run a brothel or escort agency.
The Business Licensing Authority is an independent statutory authority.
The BLA can refer relevant matters to the police, WorkCover, the Australian Taxation Office, the Department of Immigration and Border Protection, Consumer and Business Affairs Victoria and any other body.
Inspectors from Consumer and Business Affairs have powers to enter the workplace that are the same as the police.
Consumer and Business Affairs Victoria and the police can take disciplinary action against licensees at the Victorian Civil and Administrative Tribunal (VCAT). (Authorised local government officers can also do this.)
[9] MANDATORY TESTING; CRIMINALISATION OF SEX WORKERS LIVING WITH HIV and STIs.
Section 20 of the Sex Work Act 1994 states, “A person must not work as a sex worker during any period in which he or she knows that he or she is infected with a sexually transmitted disease.” Under the act, “sexually transmitted diseases” is defined as including HIV.
To comply with the requirements of the Sex Work Act 1994 [s.20.(2)(a)], sex workers working in licenced brothels are required to provide a certificate that states blood tests and swab tests have been carried out. The certificate is valid for three months from the date it is issued.
To comply with current regulations, brothel owners require sex workers to obtain an “attendance certificate” from a doctor that states: you have attended an STI testing your name (working or preferred name as this is to show the brothel) the name/basic information of the doctor the date.
The certificate is valid for three months from date of issuing.
The law states you must provide evidence of STI test (via attendance certificate) It is not a requirement of the law to have blood test as part of this; Many doctors will write “STI and blood tests have been conducted” on certificates of attendence- and some brothels in Victoria will ask for certificates of attendance stating that STI and blood tests have been conducted – despite the fact blood tests are not mandated as legal requirement under the law.
Section 18A of the sex work act also states that: (1) A person must not provide or receive sex work services unless he or she has taken all reasonable steps to ensure a condom or other appropriate barrier is used if that sex work involves vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections.
Penalty: 20 penalty units.
18A(2) amended by No. 23/2016 s. 38.
(2) A person who provides or receives sex work services must take all reasonable steps to minimise the risk of acquiring or transmitting sexually transmissible infections while providing or receiving those services.
Penalty: 20 penalty units.
Since October 2012, mandatory testing has been 3 monthly, prior to this it had been monthly for STI swabs and 3 monthly for blood tests.
Free and confidential STI testing from the Melbourne Sexual Health Centre, 580 Swanston Street, Carlton.
“It is apparent that mandatory testing of HIV and STIs among sex workers in Australia has proven to be a barrier to otherwise successful HIV and STI peer education, prevention and free and anonymous testing and treatment. The outcomes of mandatory testing are counterproductive to reducing HIV and STI rates, do not reach the intended target group, are costly and inefficient, and mandatory testing has proven to be a very difficult policy to repeal once in place. Scarlet Alliance, the Australian Sex Workers Association, as well as numerous academics and policy leaders in Australia recommend against mandatory testing of HIV and STIs among sex workers.”

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