Imagereal Capture

RED LIGHT ON SEX WORK IN WESTERN AUSTRALIA THOMAS CROFTS and TRACEY SUMMERFIELD fter several failed attempts, the former Labor Government’,4 but to have the courage to deal with government in W estern Australia was finally prostitution in a non-moralistic way. A able to enact legislation to introduce a licensing system for sex work. W hile not condoning sex work, Opposition to the Prostitution Amendment Labor saw the need to regulate ‘prostitution in a Act 2008 (W A ) manner that is conducive to public health, protects sex In 2003 the Labor government in W estern Australia workers from exploitation and protects children from produced a Prostitution Control Bill, based on a Bill being involved in or exposed to prostitution.’1 It felt from 2002, which sought to introduce a licensing REFERENCES that the best way to do this was through a minimalist system for sex work. However, as the government did 1. Second Reading, Prostitution decriminalised model, similar to that operating in N ew not hold the majority in the upper house and without Amendment Bill 2007, Western Australia, Zealand since 2003. This represents a simplified, less Parliamentary Debates, Legislative Assembly, the support of the Liberal Party or the minor parties 29 August 2008, 4468 (Jim McGinty, industry-specific model compared to other Australian the licensing parts of this Bill were rejected. This Bill, Attorney-General). jurisdictions, where licensing has been adopted. The which represented a ‘social control model’,5 was much 2. In NSW brothels are regulated like Prostitution Amendment Act 2008 therefore represents more invasive than the 2007 Bill because it took a any other business. Brothels Legislation a major step forward in creating a framework for Amendment Act 2007 increased the moralistic stance on sex work and sought to introduce power of local councils to close down addressing sex work in a non-moralistic way. The a system which went beyond mere regulation. The unauthorised brothels, or authorised road to reform was by no means easy with the Greens rejected this Bill because of the concern that it brothels where there are amenity government facing strong opposition to the Bill from complaints. posed a threat to human rights and was unlikely to lead those concerned about the perceived immorality of 3. For discussion on the impact of moral to a better regulated industry. The Liberal Party, on the concerns see Thomas Crofts and Tracey prostitution, the exploitation of women and harm to other hand, rejected this Bill because of its opposition Summerfield, ‘Licensing: Regulating the community. to the decriminalisation of sex work. Prostitution or Enforcing Morality?’ (2007) 33(2) University of Western Australia Law This article takes as its premise the belief that any In 2006 the Labor government set up the Prostitution Review 289-306. For a general overview of laws relating to sex work should seek to minimise the State approaches see the Scarlet Alliance Law Reform Working Group to examine industry harm associated with that work. It will argue that the webpage at scarletalliance.org.au/laws/ reforms with particular reference to the 2003 N ew criminalisation model has not eliminated prostitution 4. Available at wa.liberal.org.au/index. Zealand reforms. The Group’s recommendations, php?option=com_docman&ltemid= 141, and has the potential to further the exploitation of which were based heavily on the N ew Zealand model, accessed 19 September 2008. women. If the aim really is to protect women, children formed the basis of the Prostitution Amendment Bill 5. The label ‘social control model’ is and the community then the preferred approach is to one we adopt for systems where moral 2007. This Bill deviated significantly from the 2003 decriminalise sex work and adopt a minimalist licensing disapproval colours the detail of the Bill and showed a commitment to a ‘pure licensing licensing system, for instance where a major model. Licensing has been the trend in most Australian model’,6 aiming to remove moral judgment and regulate aim aside from licensing is to diminish the jurisdictions, with Queensland, Victoria, Northern sex industry, see Crofts and Summerfield, sex work in much the same way as other industries. Territory and Australian Capital Territory adopting above n 3. The 2007 Bill gained the support of the Greens licensing models. Efforts to introduce licensing schemes 6. Systems which take a largely neutral but did not change the Liberal Party’s objection to stance on prostitution and regulate as they for sex work in South Australia and Tasmania have decriminalisation. Opposition to the Bill also came from would other areas of commercial activity, failed and in these states sex work remains criminalised. see Crofts and Summerfield, above n 3. conservative groups and from some feminist quarters. N ew South W ales is the only State in Australia which 7. Western Australia, Parliamentary Debates, N ot all feminist groups opposed decriminalisation and has decriminalised sex work.2 Legislative Assembly, 3 April 2008, 1857 women and feminists who supported the Bill received (Colin Barnett). Licensing is not per se the panacea for addressing the special scorn from the Liberal Party. Colin Barnett, 8. Ibid. problems associated with sex work; much depends now the Liberal Premier of W A , directed his criticism 9. Ibid 1858. on the detail of the model adopted. An invasive and directly at women: ‘this bill is about Labor women, the morals-based licensing scheme is unlikely to represent leftovers from the feminist movement of the 1970s and an improvement on criminalisation.3 O ur conclusion 1980s ... voting for prostitution and the exploitation is that the licensing system introduced in W estern of women.’7 He continued: ‘W h ere are the women on Australia strikes an appropriate balance between the the Labor side? ... [W ]hen there is a real issue affecting need to protect the vulnerable and the community women, young girls and families, not one of them has while ensuring the autonomy of workers. W e therefore the courage to stand up.’8 In supporting this legislation urge the incoming Liberal-National government women were labelled ‘phoney feminists from the 1970s of Western Australia not to repeal this Act, as it and 1980s’,9 the implication being that a real feminist promises to do in its ‘Plan for the First 100 Days of could not support decriminalisation. AltLJ Vo! 33:4 2008 — 209 ARTICLES The arguments against the Prostitution Amendment ‘towards young women and men, and particularly Bill 2007 (W A ) focused on three main clusters of children, in this state.’22 Further claims include that sex concern: the immorality of sex work, the exploitation work shortens the lives of prostitutes23 and leads to of women and the harm to the community. Even suicide.24 W hile there has been research suggesting adopting the term ‘sex work’ was criticised because such a link (though causation may not have been this was seen as ‘ton[ing] it down’: T hey want to use proven), it is widely accepted that criminalisation in euphemisms so that prostitution ... will not influence fact increases general occupational health and safety our daughters, our community, our kids, our families, risks and that harm minimisation approaches are more or our marriages.’10 The preferred nomenclature was effective.25 Another argument was that the Bill would highly-charged terms such as ‘sex slaves’ and the ‘slave lead to an increase in the trafficking of women.26 This trade for wom en’,11 displaying the desire to maintain a is despite the fact that research has shown that, due negative connotation. For, as noted by Sylvia Laws, the to Australia’s geographic situation and strict border word ‘prostitution’ (let alone the other terms used by control, trafficking numbers are low in Australia.27 the Liberal Party) does more than merely describe, it The third main cluster of concerns was in relation condemns, carrying derogatory connotations. Further, to the harm that prostitution may cause to the while ‘sex w ork’ denotes an occupation, ‘prostitution’ community. For instance, it was claimed that this Bill ‘conflates work and identity’.12 was ‘about Labor members of Parliament voting for For some the immorality of sex work was sufficient prostitution in our suburbs and towns throughout grounds for it not to be decriminalised. For instance, Western Australia.’28 It was also argued that legalisation 10. Western Australia, Parliamentary Barnett argued that, ‘[M]aybe I am naive, but to me a in other states had lead to ‘a proliferation of both legal Debates, Legislative Assembly, 20 brothel is not an ethical or moral business.’13 Further: September 2007, 5538 (Graham Jacobs). and illegal brothels.’29 An associated alarm was that ‘It is a horrible, disgraceful piece of legislation. It 11. Ibid. brothels might set up in residential places, near schools is completely lacking in ethics and morality.’14 In a 12. See Sylvia A Law, ‘Commercial Sex: and churches: ‘Under the Labor Party’s plan, prostitutes Beyond Decriminalization’ (2000) 73 similar vein Donna Faragher argued that ‘this Bill is will be allowed to operate in the suburbs near and Southern Californian Law Review 523, 525. about breaking down our community and pulling out around family farms-family homes.’30 This will ‘increase See also Jenny Pearce and Jo Phoenix, another thread from the moral fabric of our society.’15 ‘Editorial’ (2007) 6(1) Community Safety the danger to women and girls. It will also expose Such claims are reminiscent of the arguments raised Journal 3, 3^4. hundreds of small children in Western Australia to the by Patrick Devlin16 in the 1960s in relation to the 13. Western Australia, Parliamentary violence and thuggery associated with prostitution.’31 decriminalisation of homosexuality and prostitution.

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