Victoria Minister for Consumer Affairs Michael O’Brien

Tougher Laws Against Illegal Brothels Introduced To Victorian Parliament

Victor P Taffa

The Victorian Coalition Government has introduced new laws into Parliament to make Victoria Police the lead agency for the enforcement of laws relating to the sex work industry and to reduce unlawful conduct.

Minister for Consumer Affairs Michael O’Brien said the Coalition Government is implementing its election commitment to take stronger action against criminal elements involved with the industry, toughen confiscation of assets provisions and clarify responsibilities for the enforcement of sex work laws.

“The Coalition Government is delivering on its commitment to reform sex work laws to minimise, and as far as possible eliminate, any uncertainties about who is responsible for enforcement.” Mr. O’Brien said.

“These changes to the Sex Work Act 1994 make it clear that Victoria Police is the only enforcement agency that can bring proceedings against brothels for operating without a licence, aside from local councils who will retain their planning law powers against illegal operators.”

“The amendments will remove barriers to Victoria Police taking action against illegal brothel operators and properly balance the responsibilities of law enforcement agencies and licensing authorities.”

“This bill provides Victoria Police with the power to investigate brothels operating without the required planning permit and seek proscription orders to effectively shut down illegal brothels operating without a permit, similar to the powers already available to local government.”

“Consumer Affairs Victoria will retain powers to bring court action against any licensed operator who breaches sex work laws and will remain primarily responsible for monitoring compliance with the licensing system.” Mr. O’Brien said.

Mr. O’Brien said proceeds of crime provisions in the Confiscation Act 1997 will also be expanded to apply to additional sex work-related offences, so that those convicted of such offences will face forfeiture of their asset. This change will assist authorities to disrupt and deter illegal activities by depriving offenders of their ill-gotten gains.

These powers are widened to apply to the offences of carrying on a business as a sex work provider with an unlicensed partner and also offences related to illegal advertising, as well as additional serious sexual servitude offences under the Crimes Act 1958.

Significant changes introduced as part of the Sex Work and Other Acts Amendment Bill 2011 includes:

• The extension of the current banning notice regime, for a further two years, against people who invite or solicit street sex work;
• Providing specific entry powers for police where there are reasonable grounds to believe that a premises is being used as a brothel without the requisite planning permit;
• Providing Police with the ability to apply to the Magistrates’ Court for a proscription order to shut down a brothel at a particular address, where that brothel is operating without the requisite planning permit. Previously this power lay primarily with local councils;  
• Requiring the Business Licensing Authority to refuse a licence application to become a sex work service provider (that is, brothel licensee), where the applicant has, at any time, committed an indictable offence that would render the grant of a licence against the public interest. Previously refusal of an application required the conviction to have been recorded in the past five years.

Victoria Police and Consumer Affairs Victoria are working together with other agencies and have set up an illegal brothel taskforce, involving local councils, Australian Federal Police, the Department of Immigration and Citizenship and the Australian Taxation Office.

This taskforce, a Coalition election commitment, has already commenced operation.

The Victoria Sex Industry Strategic Management Group is working on ways to enhance the sharing of information and intelligence to assist in the identification, arrest and prosecution of illegal brothel operators in Victoria and offer appropriate help to sex workers.