The legality of the brothel industry in Australia is one big mess, for lack of a better word. Rules and regulations vary wildly from state to state, making it very confusing for all those involved in the industry to understand the laws regarding prostitution and brothels.
Welcome to the most comprehensive, yet understandable, article about the legality of brothels in Australia. We’ll go from state to state shedding some light on the exact rules in each area.
Here’s a table summarising the legality of brothels and prostitution from state to state:
| State | Private Prostitution | Brothels | Escort Agencies |
|---|---|---|---|
| Victoria | Legal | Legal (license required) | Legal |
| New South Wales | Legal | Legal | Legal |
| Queensland | Legal | Legal (license required) | Legal |
| Western Australia | Legal | Illegal (but tolerated) | Illegal (but tolerated) |
| South Australia | Legal | Illegal | Illegal |
| Tasmania | Legal | Illegal | Illegal |
| Northern Territory | Legal | Illegal | Legal (license required) |
Before you jump in, there are two types of sex workers these laws apply to – escorts who work independently of a specific location and those who work in a specific venue, often called a brothel.
So – are brothels and prostitution legal in Australia? Let’s find out.
New South Wales
In 1995, New South Wales decriminalised most aspects of sex work. Broadly speaking, working or engaging the services of an escort or brothel is completely legal. The government chose to continue this method of regulation following a positive review of the method in 2016.
Street work is also legal, as long as you’re not in view of a school, church, hospital or dwelling (residential premises not attached to a commercial building). New South Wales is the only state in Australia which regulates street sex work like this.
A brothel can be a venue dedicated to commercial sex services, a massage parlour providing sex services, or even a sex worker working out of their own residential premises. Please note that each local council may also govern brothels in their own way. No license is required to open a brothel.
For more information on sex work in New South Wales, visit the Sex Workers Outreach Project.
If you’re looking for a full list of all the brothels in Sydney, you can find it here.
Victoria
Under the Sex Work Act of 1994, both prostitution outside of a brothel, and working as a sex worker in a brothel is legal. Street work, however, is completely outlawed, with the police continuing to actively target those to offer and seek sex services on the street.
Brothels with more than two (2) sex workers, must be licensed under the Business Licensing Authority. The brothel also requires a permit from the local council under the Planning and Environment Act of 1987. No more than 6 rooms are allowed to be used to perform sex services (unless the brothel was established before 1995).
Private workers are referred to as a Small Owner-Operated (Exempt) Brothel and must register as an exempt brothel and obtain an SWA number (after the Sex Workers Act) in order to comply with the law. It’s illegal to provide sexual services to clients in your own home or at a premises you own, unless you have a brothel license and a permit from the local council, or if you are an exempt brothel.
An exempt brothel, also known as a Small Owner-Operated Brothel is a brothel with up to two (2) sex workers using the premises to provide sexual services. No SWA license is required from the BLA, but a permit is still required under the Planning and Environment Act of 1987 from the local council. There are quite a few regulations around this which you can learn about on Section 23 of the Sex Workers Act of 1994.
For more information on the legislation regarding brothels and prostitution in Victoria and Melbourne, read the Sex Workers Act of 1994.
There are more than 80 licensed brothels in and around Victoria (most are in Melbourne) – click here to see a list of them all.
Western Australia
Legally speaking, brothel and prostitution work in Western Australia sits in a grey area. Section 190 of the Criminal Code states any person who keeps or manages, or acts, or assists in the management of any premises for purposes of prostitution is guilty of a crime and is liable to imprisonment for 3 years. With that being said, many established brothels known to the public and authorities have remained untouched by the law for many years. There seems to be a mutual understanding between the sex industry and the government.
On another note, there is no mention that the act of prostitution itself is an offence in any act. It’s only an offence to procure another person to become a prostitute, or for a child to be involved in the industry.
However, similar to Victoria, street-based sex work is highly policed. Under Section 24 of the Prostitution Act of 2000,A police officer who has reason to suspect that a person has committed, or intends to commit, an offence in or in the view or within hearing of a public place may, in writing in a form approved by the Commissioner, direct the person to move away from that place and a surrounding area specified in the direction, and stay away from it for a period of not more than 24 hours specified in the direction.
For more information regarding the legality of prostitution and brothels in Perth and WA, have a read of the Prostitution Act 2000 or the Criminal Code Act 1913.
We maintain a list of all the major brothels in Perth, head to this page to see them all.
Queensland
The Sunshine State has some of the most understandable and progressive rules for sex work in the country. As a sex worker, you do not need a license to operate and can legally offer sexual services for a fee if you work alone (from your home, hotel, or motel) or if you work in a licensed brothel.
However, it is illegal to offer your services in a public place, or for 2 or more sex workers to operate in the same location (unless you have a brothel license).
Advertising your services is a little bit tricky. You cannot:
- describe any of the sexual services you offer (even abbreviations)
- entice a person to work as a sex worker
- directly or indirectly say the business is connected with massage services
Learn a little more about all the prostitution and brothel rules in Brisbane and Queensland with the Prostitution Act 1999.
Brisbane and the Gold Coast are the two main hubs for brothels in Queensland. Click here to see all the brothels in Brisbane, and here for all the brothels in the Gold Coast.
South Australia
The South Australian government has taken a hard stance on sex work, outlawing nearly all aspects of it. Working as a sex worker, procuring sexual services from sex workers, and operating a brothel are illegal and come with hefty punishments. Although, the act of prostitution itself is not illegal. Again, making it very confusing for all those involved in the industry. Time for reform we reckon.
Thankfully, there are some folks in powerful positions who do support reforming the sex work bill in South Australia. Most notably, the Attorney-General herself, Vickie Chapman, believes the new laws would decriminalise an industry that is already operating throughout the state. We stand behind her.
You can read more about the prostitution and brothel laws in South Australia and Adelaide on the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.
Tasmania
Tasmania used to have one of the most regulated sex industries in the country, up until the introduction of the Sex Industry Offences Act in 2005 which made the act of prostitution itself legal.
As with nearly all of the other states in Australia though, street-based sex work is highly policed and completely unlawful. Brothels, unfortunately, are also illegal. This also means that it is an offence to offer sexual services in a location where there are two or more sex workers.
Unfortunately, The Mercury, one of Hobart’s largest publications is against further legalisation and regulation of the sex industry, and for the Nordic Model which flips the criminality of prostitution onto those who pay for it.
For more information on the Tasmanian laws surrounding prostitution and brothels, read the Sex Industry Offences Act of 2005.
Northern Territory
In the Northern Territory, brothels and street-based sex work are illegal. However, a private sex worker is able to offer sexual services and still be within the law, thanks to the Prostitution Regulation Act. In saying that, private workers aren’t allowed to work with other sex workers or with anyone else for that matter (drivers, receptionists etc.).
Surprisingly, an escort agency is completely legal. Although there are a string of rules you need to follow in order to be licensed by the Northern Territory Licensing Commission. Similarly, escort agencies wishing to advertise in the NT must also follow quite a few rules. One such being you must not use any of the following words in your advertisements:
- sexy, hot, bang, girl, boy, raunchy, anal, horny, oral
- orgasm, orgies, rear entry, taste/tasty, threesome, well hung
Where’s the fun in that?!
For more information on the legality of brothels and prostitution in the Northern Territory and Darwin, read the Prostitution Regulation Act.
All in all
We’d love to sum up all the laws and regulations for each state’s stance on brothels and prostitution in one little sentence, but as you can see from the lengthy post above, it’s simply impossible.
Hopefully, after reading through each of the states relevant to you, you’re a little wiser as to the rules in your area.
If you have any other questions or thoughts about the legality of brothels and prostitution in Australia, let us know in the comments below.