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The Prostitution Amendment Bill 2001 (Qld) Queensland Parliamentary Library The Prostitution Amendment Bill 2001 (Qld) The Prostitution Act 1999 was introduced into the Queensland Legislative Assembly on 10 November 1999 and passed on 3 December 1999. The Act allowed applications to be made for a Brothel Licence or for a certificate to manage a brothel on behalf of the licensee (Certificate as an Approved Manager) as of 1 July 2000. The Act represented a significant change in the law relating to prostitution by creating establishing a legal framework for the establishment and operation of brothels in Queensland. A Private Member’s Bill, the Prostitution Amendment Bill, was introduced into the Queensland Legislative Assembly on 16 May 2001 by Mr M Horan MP, but failed at the Second Reading stage. On 16 October 2001, the Prostitution Amendment Bill 2001 (Qld) was introduced into the Legislative Assembly by Hon T McGrady MP, the Minister for Police and Corrective Services. This Research Brief summarises key provisions of the Prostitution Act 1999, discusses aspects of its implementation, and describes the changes proposed by the Prostitution Amendment Bill 2001. The objective of the earlier Private Member’s amending Bill is also outlined. Renee Easten and Joanna Fear Research Brief No 2001/29 Queensland Parliamentary Library Research Publications and Resources Section Ms Mary Seefried, Director (07) 3406 7116 Ms Karen Sampford, Research Publications Officer (07) 3406 7310 Mr Wayne Jarred, Senior Parliamentary Research Officer (07) 3406 7422 Ms Nicolee Dixon, Parliamentary Research Officer (07) 3406 7409 Ms Cathy Green (part time), Parliamentary Research Officer (07) 3406 7641 © Queensland Parliamentary Library, 2001 ISSN 1443-7902 ISBN 0 7345 2803 5 Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Parliamentary Librarian, Queensland Parliamentary Library. Inquiries should be addressed to: Director, Research Publications & Resources Queensland Parliamentary Library Parliament House George Street, Brisbane QLD 4000 Director: Ms Mary Seefried. (Tel: 07 3406 7116) Information about Research Publications can be found on the Internet at: Http://www.parliament.qld.gov.au/parlib/research/index.htm CONTENTS 1 INTRODUCTION.............................................................................................1 2 THE PROSTITUTION ACT 1999 (QLD) – KEY PROVISIONS ...............2 2.1 ACT’S PURPOSE .............................................................................................2 2.2 SCOPE OF THE ACT.........................................................................................2 2.3 ESTABLISHING AND OPERATING A BROTHEL .................................................3 2.3.1 Applying for a Brothel Licence..............................................................3 2.3.2 Establishing a Brothel – Obtaining Local Authority Planning Approval ................................................................................................5 2.3.3 Operating & Advertising a Brothel........................................................5 2.4 PROSTITUTION OFFENCES ..............................................................................6 2.5 ADMINISTRATION OF THE ACT ........................................................................7 3 THE PROSTITUTION ACT 1999 - OPERATION AND COMMENTARY ..............................................................................................8 4 THE PROSTITUTION AMENDMENT BILL 2001 (PRIVATE MEMBER’S BILL).....................................................................10 5 PROSTITUTION AMENDMENT BILL 2001 ............................................12 5.1 CHANGES TO THE BROTHEL LICENSING PROCESS ........................................12 5.1.1 Removal of prohibition on people convicted of running a brothel......12 5.1.2 Expanded list of disqualification offences...........................................14 5.1.3 Authority need not consider application until development approval is given.................................................................................................14 5.2 CHANGES TO THE PLANNING APPROVAL PROCESS ......................................14 5.2.1 Definition of ‘industrial area’ ..............................................................14 5.2.2 Measurement of exclusionary distances ..............................................15 5.2.3 Review of code assessable development applications .........................16 5.3 PROHIBITED BROTHELS ............................................................................... 17 APPENDIX A – NEWSPAPER AND INTERNET ARTICLES ...................... 19 APPENDIX B – PROSTITUTION ADVISORY COUNCIL ANNUAL REPORT 2000-2001, ATTACHMENT 2............................................................ 38 RECENT PARLIAMENTARY LIBRARY RESEARCH PUBLICATIONS 2001......................................................................................................................... 39 The Prostitution Amendment Bill 2001(Qld) Page 1 1 INTRODUCTION The Prostitution Act 1999 was introduced into the Queensland Legislative Assembly on 10 November 1999 and was passed on 3 December 1999.1 The accompanying regulation is the Prostitution Regulation 2000. The Act allowed applications to be made for a Brothel Licence or for a certificate to manage a brothel on behalf of the licensee (Certificate as an Approved Manager) as of 1 July 2000. The Act represented a significant change in the law relating to prostitution by creating a legal framework for the establishment and operation of brothels in Queensland. The background to the legislation’s introduction was outlined in the Queensland Parliamentary Library’s Research Note No 6/99, which also summarised regimes for the regulation of prostitution in other Australian jurisdictions. A Private Member’s Bill, the Prostitution Amendment Bill, was introduced into the Qld Legislative Assembly on 16 May 2001 by Mr M Horan MP, but failed at the Second Reading stage.2 On 16 October 2001, the Prostitution Amendment Bill 2001 (Qld) was introduced into the Legislative Assembly by Hon T McGrady MP, the Minister for Police and Corrective Services. This Research Brief summarises key provisions of the Prostitution Act 1999, discusses aspects of its implementation, and describes the changes proposed by the Prostitution Amendment Bill 2001. The objective of the earlier Private Member’s amending Bill is also outlined. Appendix A to the Brief provides news articles, including commentary on the operation of the 1999 Act and proposed changes. Appendix B provides statistics on applications for brothel licences under the Prostitution Act 1999. 1 The Bill was introduced by Hon TA Barton MP, the then Minister for Police and Corrective Services. 2 On 20 June 2001: see Queensland Parliamentary Debates (QPD), p 1669. Page 2 The Prostitution Amendment Bill 2001 2 THE PROSTITUTION ACT 1999 (QLD) – KEY PROVISIONS3 2.1 ACT’S PURPOSE The five key principles upon which the framework for the regulation of prostitution established by the Prostitution Act 1999 is based are to: • Ensure quality of life for local communities • Safeguard against corruption and organised crime • Address social factors which contribute to involvement in the sex industry • Ensure a healthy society, and • Promote safety.4 Prior to the introduction of the Prostitution Act 1999, the government had expressed the view that prostitution could not be stamped out but that it could be regulated.5 The framework established by the Prostitution Act 1999 sought to balance the interests of strict regulation with the social factors that arise from prostitution. This is achieved by restricting legal prostitution to small licensed brothels and individual sex workers and making all other prostitution services, including street walking and escort agencies, illegal.6 2.2 SCOPE OF THE ACT The Prostitution Act established a licensing scheme for brothels only; sole operators are not required to hold a brothel licence. The regulatory framework is made up of: • The licensing of brothel operators by the Prostitution Licensing Authority; and • The development assessment of brothel sites by local governments. 3 The outline of key provisions of the Act is abstracted primarily from the Prostitution Licensing Authority’s website: http://www.pla.qld.gov.au/faqcntnt.shtml 4 Hon TA Barton MP, Prostitution Bill 1999 (Qld), Second Reading Speech, Queensland Parliamentary Debates, 10 November 1999, p 4826. 5 “Beattie government takes tough decision on prostitution”, Media Statement by the Hon Peter Beattie MP, 20 June 1999. 6 Second Reading Speech on the Prostitution Bill 1999 by Police Minister Hon TA Barton, Queensland Parliamentary Debates, 10 November 1999 at p 4826. The Prostitution Amendment Bill 2001(Qld) Page 3 2.3 ESTABLISHING AND OPERATING A BROTHEL To establish and operate a brothel legally requires a person to obtain both a brothel licence and local authority planning approval. The Act also requires that either the licensee or an approved manager for a brothel is in attendance at the brothel whenever it is open for business. 2.3.1 Applying for a Brothel Licence Any person who carries on the business of providing prostitution at a brothel must be licensed under the Act. Sole operators still do not require a licence. Where there is a partnership with one or more people, each person
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