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

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

Bill Story

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

Introduced15 Feb 2024View Hansard
12.26 pmHon. YM D'ATHSupports

As the introducing minister, presented the bill to decriminalise sex work in Queensland, implementing QLRC recommendations to treat sex work as legitimate work rather than crime.

Sex workers should not have to choose between working lawfully and working safely. Decriminalisation treats sex work as work rather than as a crime.2024-02-15View Hansard
First Reading15 Feb 2024View Hansard
Committee15 Feb 2024 – 2 May 2024View Hansard

Referred to Community Safety and Legal Affairs Committee

Second Reading2 May 2024View Hansard

That the bill be now read a second time

Vote on advancing the decriminalisation bill to committee stage. ALP, Greens and one independent voted in favour (49 ayes); LNP, KAP and One Nation voted against (35 noes). The bill passed and proceeded to consideration in detail.

Passed49 ayes – 35 noes2024-05-02

The motion passed.

Show individual votes

Ayes (49)

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
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)
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 pmHon. YM D'ATHSupports

As Attorney-General, moved the second reading and championed the bill as implementing Queensland Law Reform Commission recommendations to decriminalise sex work, improving health, safety, rights and legal protections for sex workers.

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

As Shadow Attorney-General, announced LNP opposition to the bill, citing concerns about lack of regulation, potential for criminal involvement in brothels, removal of local government planning powers, and the failure to consider 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.2024-05-02View Hansard
12.48 pmMr WHITINGSupports

As committee chair, supported the bill emphasising worker safety, noting the current regime forces workers to operate illegally and unsafely. Rejected claims about criminal involvement as unsubstantiated.

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
3.04 pmMr McDONALDOpposes

Opposed the bill while acknowledging worker safety concerns. Argued for the Nordic model as best practice, expressed concerns about loss of local government autonomy, potential criminal gang involvement, and called for sensible regulations rather than complete 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 pmHon. SM FENTIMANSupports

As former Attorney-General who initiated the Law Reform Commission review, strongly supported the bill as fundamental reforms about safety, allowing sex workers to access same rights and protections as other workers.

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 concerns about criminal infiltration, removal of mandatory health checks, lack of transparency around planning regulations, and removal of local government autonomy.

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 pmHon. MAJ SCANLONSupports

As Minister for Housing, Local Government and Planning, supported the bill and outlined the planning amendments to ensure sex work businesses are treated comparably to other businesses under the Queensland planning framework.

This is about ensuring sex workers do not have to choose between working legally or safely.2024-05-02View Hansard
3.31 pmMr LISTEROpposes

Opposed the bill citing concerns about absence of regulation leading to potential criminal involvement and referenced the Fitzgerald inquiry's warnings about the dangers of unregulated prostitution.

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 pmHon. MT RYANSupports

As Minister for Police, supported the bill as finishing the work of Fitzgerald by putting in place effective laws. Acknowledged the advocacy of Janelle Fawkes and noted the bill enables sex workers to report criminal behaviour without fear.

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

Greens member strongly supported decriminalisation, noting Queensland's dark history of police corruption around sex work and that the licensing system has perpetuated harm. Called for the bill to be implemented as soon as possible.

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 emphasising that no worker should have to choose between working safely and legally. Highlighted evidence of unsafe conditions in licensed brothels including wage withholding and forced bookings.

Every worker has the right to attend their workplace free from the fear they will be raped, assaulted, entrapped or enslaved.2024-05-02View Hansard
3.50 pmMr BERKMANSupports

Greens member supported full decriminalisation as the only model ensuring full industrial rights and safe working conditions. Criticised the delay in bringing the bill and called for expunging previous convictions for sex work.

It is now more than 30 years since the Fitzgerald inquiry recommended that police be removed from sex work regulation. The licensing scheme that we got in response was purportedly designed to protect sex workers from exploitation but, in reality, it criminalised basic safety strategies.2024-05-02View Hansard
4.00 pmHon. N BOYDSupports

As Minister for Fire and Disaster Recovery and Corrective Services, supported the bill arguing the current framework is unsafe, discriminatory, and forces vulnerable people to act outside the law. Criticised the LNP for opposing safety reforms.

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 total decriminalisation has not worked anywhere in the western world and leads to higher levels of crime, exploitation, and trafficking. Advocated for the Nordic model as best practice.

Prostitution is not normal healthy safe work, not for those who are prostituted. For some sex workers real life is The Handmaid's Tale and total decriminalisation does not work nor help them.2024-05-02View Hansard
4.10 pmMrs McMAHONSupports

Strongly supported the bill as fundamentally about workplace health and safety. Criticised the LNP for prioritising moral objections over women's safety and argued the Nordic model has not increased women's safety anywhere.

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 and acknowledged the advocacy of Janelle Fawkes from Respect Inc. Outlined the bill's objectives to establish a safe, decriminalised framework based on Queensland Law Reform Commission recommendations.

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 committee member, supported the bill and criticised the LNP for their late announcement of opposition. Expressed outrage at the member for Oodgeroo for speaking about women without consulting sex workers in the gallery.

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 pmHon. G GRACESupports

As Minister for Industrial Relations, supported decriminalisation because it gives sex workers access to the same legal rights and protections as all workers, including workplace health and safety and the right to say no to unsafe work.

Sex workers are part of our community and deserve a safe workplace like everybody else. They deserve access to legal protections and for their industry to be treated in the manner in which any other industry is treated rather than as a criminal activity.2024-05-02View Hansard
4.29 pmMr BROWNSupports

As committee member, supported the bill and criticised the portrayal of licensed brothels as safe havens, citing evidence that brothel employers took advantage of the two-tier system to coerce workers.

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
Third Reading2 May 2024View Hansard
Became Act 23 of 20249 May 2024
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill decriminalises sex work in Queensland, removing criminal offences for sex work between consenting adults and abolishing the brothel licensing system. It implements the Queensland Law Reform Commission's recommendations to treat sex work as legitimate work while creating strong new offences to protect children from exploitation.

Who it affects

Sex workers gain legal protections and can work without fear of prosecution, while the Prostitution Licensing Authority is abolished. New offences with severe penalties target anyone who exploits children in commercial sexual services.

Key changes

  • Repeals sex work offences in the Criminal Code - adults can work in the sex industry without criminal prosecution
  • Abolishes the brothel licensing system and the Prostitution Licensing Authority
  • Creates new offences for obtaining commercial sexual services from children with penalties up to life imprisonment
  • Strengthens anti-discrimination protections by making 'sex work activity' a protected attribute
  • Prevents local councils from making laws that prohibit or regulate sex work
  • Requires an independent review of the new framework within 4-5 years