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The Sex Industry and Public Health Policy in New South Wales, 1979 to 1996

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The Sex Industry and Public Health Policy in New South Wales, 1979 to 1996 PLEASE TYPE THE UNIV ERS ITY OF NEW SOUTH WALES Thesis/ Project Report Sheet Harcourt Surname or Family name: First name: Christine Other name/s: Lilian Abbreviation for degree as given in the University calendar: PhD School: Community Medicine Faculty: Medicine Title: The Sex Industry and Public Health Policy in NSW 1979 to 1996. A Case Study in Health Promotion. Abstract 350 words max imum: (PLEAS E TY PE) Prostitution laws were progressively reformed in New South Wales between 1979 and 1996. During the same period, the identification of human immunodeficiency virus infection (HIV) in Australia stimulated the expansion of sexual health services and the introduction of innovative health promotion campaigns targeting the sex industry. These reforms accord well with the recommendations of the Ottawa Charter f or Health Promotion 1986 and appear to have resulted in a dramatic and sustained improvement in the health of Australian female sex workers. My purpose is to document sex industry policy reforms in New South Wales and assess how far the improvement in public health outcomes is attributable to the process of decrirninalisation. I employ a multidisciplinary approach to clarify the interrelationship between health and welfare issues, politics, the law and law enforcement. · My research includes and examination of the history of prostitution in Australia , an analysis of legal and policy developments in New South Wales and other states during the period in question, and a comparative analysis of health studies of prostitutes in Australia and overseas. Improvements in the sexual health of resident female sex workers have occurred throughout Australia, in spite of wide variations in the letter and administration of prostitution law. The public health profile of the sex industry in Australia compares very favourably with those in other developed countries. Many developing countries now report extremely high sexually transmitted infection rates in sex workers and their clients. Political barriers have prevented comprehensive prostitution law reform in most of Australia but a reformist climate has been preserved through the numerous reports and inquiries commissioned by governments in nearly all States and Territories. This climate has permitted the formation and funding of sex industry community organisations, peer education and support, and improvements in the quality and accessibility of health services. These policies, applied nationwide with Commonwealth Government support, have delivered the health improvements documented through clinical research. However some sections of the industry have not benefitted as much as others, and there is evidence of community reaction against some health promotion measures. Continued vigilance is necessary to ensure health gains are maintained. Declaration relating to disposition of project report/thesis I am fully aware of the policy of the University relating to the retention and use of higher degree project report~ and theses, namely that the University retains the copies submitted for examination and is free to allow them to be consulted or borrowed. Subject to the provisions of the Copyright Act 1968, the Un1versity may 1ssue a project report or thesis in whole or m part, 1n photostat or miCrofilm or other copying medium. I ol~ oo;hml~ 1;,. wbll~lloo b' Uol~<lly Mkrof1lm< o( od5Q J::t\oooct m Ok,e<iolloo At.T'" '""'"'"""'llopp!loilile m doom•~ ooly) . .. 1 1.. .,.I _ .,. ...... '+.~/.?../?5?9~. -• •• •• • oo • Signature Witness Date The University recognises that there n1ay be exceptional circumstances requiring re triction on copying or cond•tior,, on use. Requests for restriction for a period of up to 2 years must be made in writing to the Registrar. Requests for a longer period of rc tro('tion may be considered in exceptional circumstances if accompanied by a letter of support from the Supervisor or Head of School. Such requests nust be submitted with the thesis/project report. FOR OFFI CE USE ONLY t2istril""and IDel)wtv Principal THI S SHEET IS TO BE GLUED TO THE INSIDE FRONT COVER OF THE THESIS CERTIFICATE OF ORIGINALITY I hereby declare that this submission is my own work and to the best of my knowledge it contains no materials previously published or written by another person, nor material which to a substantial extent has been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgement is made in tile thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I alsd declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the projecrs design and conception or in style, presentation and linguistic expression is acknowledged. The Sex Industry and Public Health Policy in New South Wales, 1979 to 1996. A Case Study in Health Promotion by Christine Harcourt BA (Hons), University of Sussex MA (Hons), Macquarie University Thesis submitted for the degree Doctor of Philosophy School of Community Medicine University ofNew South Wales February 2000 u i\l s w 3 0 ~1AV 2002 CONTENTS Page Acknowledgements . i Abstract . ii Abbreviations . .. iv CHAPTER 1 - Introduction. 1.1 Aims and objectives .................................................................. 1 1.2 Background . .... 4 1.3 Methodology . 11 1.4 Sources . 15 1.5 Thesis outline . 23 CHAPTER-2 - Prostitution in Europe and Britain prior to 1900. 2.1 Introduction: the category 'prostitute' ............................................. 28 2.2 Prostitution as 'sex work' ............................................. ~ .............. 31 2.3 Sexual mythology .................................................................... 34 2.4 Prostitution in European History .................................................. 37 2.4.1 Early historical references . 37 2.4.2 The Middle Ages: the concept of victimless crime ................... 39 2.4.3 1500-1900: Social medicine and moral reform..................... 48 2.5 Conclusion ........................................................................... 54 CHAPTER 3- Prostitution Regulation in New South Wales 1788-1979. 3.1 Introduction: the Colony ofNew South Wales, 1788-1900 .................... 57 3.2 Prostitution in the State ofNew South Wales 1901-1979 ..................... 61 3.3 Conclusion ........................................................................... 76 CHAPTER 4 - Healthy Public Policy: Prostitution Law Reform in New South Wales 1979-1995. 4.1 Introduction .......................................................................... 79 4.2 The background to policy change in NSW ....................................... 79 4.2.1 Feminist critiques of prostitution law .................................. 79 4.2.2 The Seminar on Victimless Crime 1977 ................................. 81 4.3 Prostitution law reform in NSW from 1979 to 1988 ............................ 85 4.3.1 The Prostitution Act 1979 and 'ANZAC Day Amendment' 1983 .... 86 4.3 .2 The Select Committee ofthe Legislative Assembly upon Prostitution, NSW Parliament 1983 to 1986 ............................ 90 4.3.3 The repeal of the Prostitution Act ........................................ 92 4.3.4 Child prostitution .......................................................... 94 4.4 Legitimising brothel prostitution: the Disorderly Houses (Amendment) Act 1995 .............................................................................. 95 4.4.1 Laws prohibiting brothel keeping . 96 4.4.2 The Disorderly Houses (Amendment) Bill1992 ...................... ·98 4.4.3 Strategic support for prostitution law reform . 99 4.4.4 Community support for prostitution law reform . .. 100 4.4.5 The police response ..................................................... 101 4.4.6 The local government response . 102 4.4.7 The Disorderly Houses (Amendment) Act 1995 .................... 106 4.5 Confronting police corruption .................................................... 107 4.6 Conclusion ........................................................................... 113 CHAPTER 5 -Prostitution Laws in the Other States and Territories 1970-1995. 5.1 Introduction . 119 5.2 Victoria .............................................................................. 119 5.3 Queensland ......................................................................... 123 5.4 South Australia ..................................................................... 125 5.5 Western Australia .................................................................. 126 5.6 Tasmania ............................................................................ 128 5.7 The Australian Capital Territory ................................................. 130 5.8 The Northern Territory ............................................................ 131 5.9 Conclusion ........................................................................... 132 ' CHAPTER 6 -Empowerment and Community Development. 6.1 Introduction ......................................................................... 136 6.2 Creating a supportive environment ............................................... 136 6.2.1 Funding peer education ................................................ 136 6.2.2 Needle and syringe exchange .......................................... 143 6.2.3 Policies affecting condom availability............................... 148 6.3 Developing the personal skills
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