Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024

Introduced: 15/2/2024By: Hon Y D'Ath MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill decriminalises sex work in Queensland by repealing the Prostitution Act 1999 and removing sex-work-specific criminal offences. Based on the Queensland Law Reform Commission's 47 recommendations, it replaces the existing brothel licensing system with a framework that treats sex work like any other lawful occupation, while introducing tough new offences to protect children from exploitation and prevent coercion.

Who it affects

Sex workers are the most directly affected, gaining legal recognition and anti-discrimination protections. Accommodation providers can no longer refuse service to sex workers, and local councils are prevented from making laws that ban or regulate sex work.

Key changes

  • Sex work is decriminalised -- criminal offences for working alone or with others, public solicitation, and sex work advertising are all removed
  • The Prostitution Act 1999 and the brothel licensing system are repealed, and the Prostitution Licensing Authority is abolished
  • Three new Criminal Code offences target anyone who involves a child in commercial sexual services, with penalties of up to life imprisonment for offences involving children under 12
  • The coercion offence is strengthened to specifically cover forcing someone to provide or continue providing commercial sexual services
  • Anti-discrimination protections are expanded -- the protected attribute becomes 'sex work activity' and accommodation providers can no longer discriminate against sex workers
  • Local councils across Queensland are prohibited from making local laws that ban or regulate sex work
  • An independent review of the new framework must be conducted within 4 to 5 years of commencement

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced15 Feb 2024View Hansard
First Reading15 Feb 2024View Hansard
Committee15 Feb 2024View Hansard

Referred to Community Safety and Legal Affairs Committee

Committee Findings
Recommended passage

The Housing, Big Build and Manufacturing Committee examined the bill over approximately two months, receiving 176 submissions and holding public hearings with a diverse range of stakeholders including sex worker organisations, government departments, the Prostitution Licensing Authority, the Local Government Association of Queensland, academics, and advocacy groups. The committee recommended the bill be passed, finding that decriminalisation would improve the safety, health, rights and legal protections for sex workers. The committee also recommended that forthcoming amendments to the Planning Regulation 2017 ensure sex work businesses are regulated no more and no less than other legal businesses. Two LNP members filed a Statement of Reservations expressing concerns about regulatory clarity and the lack of a finalised regulatory framework at the time of the bill's introduction.

Key findings (5)
  • Broad support was received from organisations including Respect Inc., Scarlet Alliance, the Public Advocate, Queensland Council of Unions, and the Public Health Association of Australia, who argued decriminalisation would enhance worker safety and reduce stigma
  • The committee found that the current licensing system captured only about 10 per cent of the industry, with most sex work occurring outside the licensed sector in a criminalised or unregulated environment
  • Evidence presented showed that sex workers have lower or equivalent rates of sexually transmitted infections compared to the general community, and that mandatory health checks applied only to a small fraction of the workforce
  • The committee was satisfied that new Criminal Code offences addressing coercion and the exploitation of children in commercial sexual services provided appropriate protections with penalties consistent with existing offences
  • The committee wrote to the Department of Justice and Attorney-General requesting further consideration of the outdated term 'impairment of the mind' in the Criminal Code, after compelling evidence from the Public Advocate and disability organisations
Recommendations (2)
  • The committee recommends the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 be passed.
  • The committee recommends that amendments to the Planning Regulation 2017 which support a decriminalised sex work framework, reflect the principle that the regulation of sex work, including land use and planning applications related to sex work businesses, be no more and no less than for other legal businesses.
Dissenting views: LNP members Jim McDonald MP (Deputy Chair) and Michael Hart MP filed a Statement of Reservations. While acknowledging that sex workers should be protected and their health and safety is paramount, they expressed concern that the bill did not offer clarity on regulation at any substantive level. They cited the Local Government Association of Queensland's concerns that the bill would remove local governments' ability to regulate sex work businesses in the same way they regulate other businesses, including matters such as advertising signage, separation distances, traffic, parking, and hours of operation. They argued these regulatory issues should have been resolved prior to the bill's introduction.
AI-generated summary — may contain errors
Committee Report12 Apr 2024

Committee report tabled

Second Reading2 May 2024View Hansard

That the bill be now read a second time

Vote on whether to advance the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 to the committee stage, following extensive debate on full decriminalisation versus maintaining a regulated framework. ALP, Greens and independent Bolton supported; LNP, KAP and PHON opposed.

Passed49 ayes – 35 noes2024-05-02

The motion passed.

Show individual votes

Ayes (49)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Kelly(Australian Labor Party)
Linard(Australian Labor Party)
MacMahon(Queensland Greens)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
Nightingale(Australian Labor Party)
O’Rourke
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (35)

Andrew(One Nation Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Zanow(Liberal National Party)
19 members spoke14 support5 oppose
12.09 pmMrs D'ATHSupports

As Attorney-General, introduced and championed the bill as implementing the QLRC's evidence-based recommendations to decriminalise sex work, improve worker safety and remove discrimination, while maintaining strong new offences against child exploitation and coercion.

What this bill is fundamentally about is that every Queenslander deserves to be safe at work, and that includes sex workers.2024-05-02View Hansard
12.27 pmMr NICHOLLSOpposes

Opposed the bill on behalf of the LNP, arguing that while sex workers deserve protection, complete decriminalisation without regulation risks criminal involvement, removes local government planning controls, and fails to consider alternative models like the Nordic model.

The LNP believes these changes, without some degree of regulation and oversight, particularly in relation to planning, potential criminal involvement in sex work businesses and in striking the right balance in the Anti-Discrimination Act, will not deliver what we all want, which is safer and better outcomes for the community as a whole and sex workers in particular.2024-05-02View Hansard
12.48 pmMr WHITINGSupports

As committee chair, supported the bill citing overwhelming evidence that workers need a safer work environment, rejecting claims about increased criminality and defending local government's continued role in planning regulation.

The overwhelming evidence that we have from the committee inquiry is that those workers are calling out for a safer work environment and they should have it, like every other Queensland worker.2024-05-02View Hansard
12.58 pmMr McDONALDOpposes

Opposed complete decriminalisation while acknowledging the importance of worker safety, raising concerns about criminal gang involvement, loss of local government autonomy, and the lack of compensation for existing licensed brothel operators. Noted that New South Wales retains some regulatory controls despite decriminalisation.

I do not believe the government has this bill right in terms of the element of complete decriminalisation. We would like to see sensible regulations in place so that workers and the community are protected in a fair way.2024-05-02View Hansard
3.13 pmMs FENTIMANSupports

Proudly supported the bill as the former attorney-general who initiated the QLRC review, emphasising that the reforms are fundamentally about safety and that the current laws criminalise common safety measures like texting someone your location.

No Queenslander should have to choose between working legally and working safely, including our sex workers.2024-05-02View Hansard
3.18 pmMs LEAHYOpposes

Opposed the bill citing lack of regulatory certainty, removal of planning powers from councils, the unreleased Planning Regulation, potential for criminal infiltration without probity testing, and cost-shifting concerns raised by the LGAQ.

Our opposition to this legislation is based on the lack of regulatory certainty, the removal of planning powers from council as well as the potential for criminals to get involved in the sex work industry to the detriment of sex workers and the wider community.2024-05-02View Hansard
3.25 pmMs SCANLONSupports

As Housing and Planning Minister, supported the bill and explained the Planning Regulation amendments that would treat sex work businesses like any other business while allowing local governments to regulate amenity aspects.

The decriminalisation of sex work does not imply a lack of regulation.2024-05-02View Hansard
3.31 pmMr LISTEROpposes

Opposed the bill citing concerns about the absence of regulation leading to criminal involvement and the rights of property owners to have a say over whether sex work businesses operate near their homes, referencing the Fitzgerald inquiry's findings.

We feel that those who own properties have a right to have a say in how they are used and who they live next to. In addition, we fear that an absence of regulation may result in the re-emergence of crime—extortion, coercion, drugs and so on.2024-05-02View Hansard
3.35 pmMr RYANSupports

As Police Minister, supported the bill as an historic moment that finishes the work of the Fitzgerald inquiry by putting in place effective laws for equal protection of all participants in the sex work industry.

Almost 35 years after the Fitzgerald inquiry exposed systemic corruption in relation to sex work, when brothel owners routinely paid for protection from criminal liability, this parliament has an opportunity to finish the work of Fitzgerald.2024-05-02View Hansard
3.37 pmDr MacMAHONSupports

Supported the bill as long-overdue reform, calling for urgent commencement, expungement of previous convictions, funding for sex worker advocacy organisations, and inclusion of strippers in decriminalisation.

Sex work is work and the Greens are proud to stand with sex workers and their right to be safe, respected and valued for their work.2024-05-02View Hansard
3.45 pmMs BUSHSupports

Supported the bill, citing evidence from sex workers about how the current framework criminalises basic safety strategies and how some licensed brothels subject workers to unfair and unsafe conditions including withholding pay.

No worker should have to choose between working safely and working legally, yet the current regulatory environment in Queensland has resulted in just that for sex workers.2024-05-02View Hansard
3.50 pmMr BERKMANSupports

Supported the bill, calling for commencement no later than 1 July, expungement of previous sex work convictions, removal of police from the adult entertainment code, and fixing the Anti-Discrimination Act definition to protect under-18s.

I genuinely hate to think how many sex workers have dealt with violence they could not report for fear of criminalisation, being targeted by police or slapped with a criminal record for using basic safety strategies at work, waiting for these laws.2024-05-02View Hansard
4.00 pmMs BOYDSupports

Supported the bill, criticising the LNP for claiming to support worker safety while opposing the bill, and noting that three-quarters of sex workers will not report crimes under the current framework.

The Miles government wants sex work to be safe work. We want them to have increased protections. We want them to have at least the minimum standards of employment that are offered to other Queensland workers.2024-05-02View Hansard
4.06 pmDr ROBINSONOpposes

Strongly opposed the bill, arguing that total decriminalisation leads to higher levels of prostitution, crime against vulnerable women, trafficking and other harms, and advocating instead for the Nordic model.

Total decriminalisation without careful and proper regulation has not worked effectively anywhere in the western world.2024-05-02View Hansard
4.10 pmMrs McMAHONSupports

Supported the bill as fundamentally about workplace health and safety, rejecting the LNP's position as prioritising moral judgements over women's safety at work.

What I want to know from those opposite is: how many more sex workers need to be injured? How many need to be sexually assaulted before they decide to do something?2024-05-02View Hansard
4.17 pmMr RUSSOSupports

Supported the bill, outlining its key provisions including repealing sex work specific offences, removing the licensing system, and implementing QLRC recommendations for a decriminalised framework.

The Law Reform Commission determined that sex workers should not have to choose between working lawfully and working safely.2024-05-02View Hansard
4.22 pmMr SMITHSupports

As a committee member, strongly supported the bill and criticised the LNP for announcing late opposition, arguing the legislation was formed by listening to women in the industry who do not feel safe under current laws.

This legislation was not formed in a dark corner of 1 William Street by a bunch of bureaucrats; it was formed by listening to the women in the sex work industry—the women who do not feel safe under the current laws in this state.2024-05-02View Hansard
4.25 pmMs GRACESupports

As Industrial Relations Minister, supported the bill because it gives sex workers access to the same legal rights, workplace health and safety protections, and ability to report crimes as all other workers.

Sex workers will have the right to be consulted about safety issues and to have health and safety representatives in their workplace. That is a giant leap forward.2024-05-02View Hansard
4.29 pmMr BROWNSupports

As a committee member, supported the bill and described evidence that licensed brothels were exploiting workers by threatening to withhold pay or cut shifts if they refused clients, arguing decriminalisation would end these practices.

We heard that, because only 10 per cent of the industry is located in licensed brothels, the employers of these licensed brothels take advantage of that situation—knowing they have a pool of 90 per cent of sex workers to call upon if sex workers within the licensed brothel industry refused a shift, refused clients or said that physically they could not go on.2024-05-02View Hansard
In Detail2 May 2024View Hansard
Government amendmentPassed

Amendment 1: Technical amendment to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 to facilitate partial repeal of the Criminal Law (Sexual Offences) Act 1978, omitting sections 4, 4A and 5 to enable implementation of relocated provisions in the Evidence Act

Moved by Mrs D'ATH
Government amendmentPassed

Amendments 2-5 to clause 22: Technical corrections to the Liquor Act 1992 definition of 'sex work business', changing reference from 'one or more sex workers' to 'two or more sex workers' to ensure sole operators are not captured by provisions that do not currently apply to them

Moved by Mrs D'ATH
Government amendmentPassed

Amendment 6: New Planning Act 2016 transitional provisions implementing QLRC recommendation 21, providing a 12-month moratorium period for existing unlawful sex work businesses to obtain development approvals without facing enforcement action, and protecting information provided in development applications from being used as evidence

Moved by Mrs D'ATH
Government amendmentPassed

Amendments 7-8 to the long title: Adding references to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 and the Planning Act 2016 to reflect the new amendments

Moved by Mrs D'ATH
Third Reading2 May 2024View Hansard
Royal Assent — Act 23 of 202420 Mar 2024View Hansard

Assent date: 18 March 2024