The Existing Act

Sex Industry Offences Act 2005

An Act to impose certain restrictions on the operation of sexual services businesses in order to protect children and sex workers from exploitation in the sex industry, to safeguard public health, to amend the Criminal Code Act 1924 , the Evidence (Children and Special Witnesses) Act 2001 , the Justices Act 1959 and the Police Offences Act 1935 and for related purposes

Available at:

Review of Act 

The act itself has not significantly been reviewed since 2005. It has been a subsequent 21 years and with changing times Tasmania must start to begin to respect our sex workers more and look to open legal institutions from which they can participate from.

A note to the sitting MP’s of Tasmania’s parliament

Whilst there are many Acts and responsibilities of the Tasmanian parliament it has come to my attention that the Sex Industry offences Act 2005 is antiquated and in need of review. I have taken some time to highlight the issues and suggest amendments to the Act and renamed it the Sex Industry Act 2026. I would like you to consider the Amendments strongly and encourage the progressive members of parliament to both promote this act, or similar, in the protections of sex workers, their rights and the establishments they may one day work for. 

Social Dilemma

Society at large has changed expansively since 2005 with the Tasmanian parliament and Tasmanian social demographics lagging behind the rest of the Australian Nation and also the rest of the world in regards to sexual workers safety, welfare and rights. 

This dilemma arises from pushing a lot of work ‘underground’ and creating situations where individual workers may get exploited or even if they’re not exploited they’re not receiving proper work rights such as superannuation, insurances and health checks. 

It’s made a legitimate industry shunned and that negative social connotation flows on to the workers themselves when there is no need for their professions to be shunned, shamed or exploited. 

There is no basis in religion, tradition or even common law to make illegal a legitimate industry. It is a civil law introduced in 2005 and I implore the sitting members of parliament in Tasmania to reform the act to better protect individuals and promote safe business spaces within which to practice. 

The Role of Business Institutions in the Sex Industry

Business institutions, no matter their industry, must respect the law of the nation and enforce workers rights such as superannuation and insurances. In the case of Business Institutions in the sexual services, often called Brothels, the Brothel works to protect the workers security, health, privacy and provide temporary accommodation for services. 

The Brothel provides safety for Tasmanian sex workers who seek to work in this industry. It does not detract from independent workers who seek to work from home or hotels. 

Business Institutes also ensure proper tax is paid on commercial transactions. 

Superannuation

Sole Traders, independents, often fail to pay themselves adequate superannuation resulting in lacklustre retirement programs for themselves. All workers in a business institute would have adequate superannuation benefits.

Security

It can be dangerous for an independent and having an institution with security guards provides ongoing safety for the employees. 

Health

Sex work comes with a range of health risks and all employees of a business in the profession for licensing requirements are required to undergo standard health checks regularly. 

Privacy

Women may or may not be open about their profession due to historical reasons. And for the sex worker who works within a Brothel there are privacy protections that can protect them from relatives or friends finding out about their profession. 

Insurances

Public liability, health, temporary/permanent disability and life insurances incorporated in work places and superannuation will be enacted for the workers. 

Licensing

Licensing is a requirement as the businesses must be audited regularly to ensure compliance with health and security standards. Licensing should be expensive enough to know the institution is serious about the integrity of their standards but cheap enough that its not a barrier to entry. $1000/month would be a reasonable cost for a licence. Having monthly allows new entrants to experiment and see if the institutional model would work for them or not. It allows revenue to pay for a inspector to investigate license adherence. 

https://www.change.org/reformTasSexIndustryAct

DRAFT PROPOSAL

Would love public opinion and feedback on this issue.

And for reference, the current act: