REGULATING OUTCALL SHOULD LEGAL OUTCALL PROSTITUTION SERVICES BE EXTENDED TO LICENSED AND INDEPENDENT ESCORT AGENCIES?

OCTOBER 2006

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� � � � � � � � � � CMC vision: To be a powerful agent for protecting Queenslanders from major crime and promoting a trustworthy public sector.

CMC mission: To combat crime and improve public sector integrity.

© Crime and Misconduct Commission 2006

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Foreword

I joined the CMC as Chairperson just after the release of the public report Regulating prostitution (CMC 2004a), which examined the effectiveness of the Prostitution Act 1999 (Qld). Thus I came with a fresh mind to the task of examining whether we should recommend to the government that outcall prostitution services by licensed brothels and escort agencies in Queensland be legalised.

I determined that full stakeholder input into our deliberations was required. To achieve this, we released a discussion paper and called for public submissions. After receiving the submissions, I presided at two days of public hearings with all important stakeholders present.

Having carefully read and considered the Regulating prostitution report and the submissions received, I must admit that I embarked on the public hearings with a tentative view leaning towards recommending legalisation.

The hearings were conducted with the minimum of formality, with no-one ‘sworn as a witness’. I found them of great value; and, perhaps surprisingly, all that I heard during the hearings caused me to change my earlier view. It was not only the evidence I heard, but also, and more importantly, the evidence that was not able to be produced, that changed my mind. It turned me to the view that we should not recommend changes to legislation that could lead to serious adverse effects, when we were unable to be confident that those adverse effects could be avoided.

After the hearings we continued the processes of the inquiry as set out in this report, which confirmed my view. The report gives the reasoning behind our thinking.

In Regulating prostitution, the Commission found that the Prostitution Act had led to a safe and healthy licensed industry in Queensland. The current report details the Commission’s views on how the legal prostitution industry can be best continued into the future, and on changes to law that will impede the illegal industry and enable the legal industry to better compete with it.

I am grateful for the support of the following CMC officers who worked with me on the inquiry and subsequent report: • Dr Margot Legosz was the project manager for the inquiry. • Allison Riding, Margot Legosz and Susan Johnson (Director, Research and Prevention) were responsible for writing the report. • Margaret Patane contributed to the early stages of the inquiry. • The Communications Unit of the CMC prepared the report for publication.

Robert Needham Chairperson



Contents

Foreword 

Abbreviations and definitions viii

Summary ix List of recommendations arising from the inquiry xi

Chapter 1: Background to the inquiry, and inquiry methods 1 Background to the inquiry 1 Inquiry