DRAFT: 6 July 2004 REGULATING PROSTITUTION AN EVALUATION OF THE PROSTITUTION ACT 1999 (QLD) DECEMBER 2004 CRIME AND MISCONDUCT COMMISSION QUEENSLAND 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 2004 Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced by any process without permission. Inquiries should be made to the publisher, the Crime and Misconduct Commission. ISBN 1 876986 29 8 Crime and Misconduct Commission 140 Creek Street, Brisbane, Queensland, Australia 4000 GPO Box 3123 Brisbane Qld 4001 Tel.: (07) 3360 6060 Fax: (07) 3360 6333 E-mail: [email protected] Cover image supplied by Australian Picture Library Note: This publication is accessible through the CMC website — www.cmc.qld.gov.au — for a limited period. CRIME AND MISCONDUCT COMMISSION GPO Box 3123 Brisbane Qld 4001 Level 3, Terrica Place 140 Creek St (Cnr Creek and Adelaide) Brisbane, Queensland Tel: (07) 3360 6060 QUEENSLAND Fax: (07) 3360 6333 Toll Free: 1800 061 611 E-mail [email protected] The Honourable R Hollis MP Speaker of the Legislative Assembly www.cmc.qld.gov.au Parliament House George Street BRISBANE QLD 4000 Dear Mr Hollis In accordance with section 141(4) of the Prostitution Act 1999, the Crime and Misconduct Commission hereby furnishes to you its report, Regulating prostitution: an evaluation of the Prostitution Act 1999 (Qld). The Commission has adopted the report. Yours sincerely BRENDAN BUTLER SC Chairperson FOREWORD Prostitution is a complex phenomenon. Attitudes towards it, and attempts to regulate it, vary enormously around the world, even from state to state within Australia. There is no evidence, however, that any particular approach has been more successful than another. There is, therefore, no panacea that we can draw on, and each state and country must decide independently how best to address it. In the wake of its tumultuous history, with demonstrated links between prostitution and organised crime and police corruption in this state, Queensland chose to enact the Prostitution Act 1999 to legislate for a highly regulated licensed brothel industry. The guiding principles of the legislation were 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. Although sole operators were already legal in this state, the Act enabled the growth of a legal and safer alternative to sole operators — licensed brothels — in an attempt to alleviate some of the problems that still beset the illegal sex industry in Queensland at that time. The Crime and Misconduct Commission (CMC) was required by the Prostitution Act to review its effectiveness. This report is the end result of that evaluation: the Commission chose to undertake its evaluation by collecting and collating information from a variety of sources about the implementation of the Act from its beginnings. This enabled the CMC to assess its successes, its diffi culties and its growing pains alongside its implementation. There is no doubt that Queensland now has a safe and effective legal brothel industry, albeit one that is much smaller than originally envisaged; it is better, we believe, than that of any other state in Australia. Queensland’s brothels provide a safe and healthy option for sex workers who choose to work in the industry and for the clients who choose to use their services. There is no evidence of corruption or organised crime within the legal industry and the impact of legal brothels on the community appears to have been minimal. Nevertheless, minor amendments to the Act are required to ensure the legal industry’s continued viability and to reduce the incentives for the illegal industry to continue. This report details the Commission’s views on how this can best be achieved. The recommendations arising from the review refl ect the views of the majority of those consulted for the evaluation as well as information gleaned from international research. I am confi dent that this report will provide valuable information about the regulation of prostitution in Queensland as well as adding to the worldwide debate about this universal social phenomenon. Brendan Butler SC Chairperson v ACKNOWLEDGMENTS Dr Margot Legosz and Ms Rebecca Lowndes were primarily responsible for the evaluation of the Prostitution Act 1999 and for writing this report. Dr Paul Mazerolle, Dr Samantha Jeffries, Mr Wayne Briscoe, Ms Laurie Cullinan and Ms Margaret Patane also contributed to the evaluation. The report was prepared for publication by the CMC’s Communications Unit. Twenty-one written submissions about prostitution in Queensland were provided to the CMC. Many key informants from Government agencies and industry representatives also willingly participated in four phases of the evaluation since 2000, providing ongoing debate about a range of contentious issues during the entire evaluation. Sixty-fi ve sex workers also provided valuable information directly to the CMC via an anonymous survey and many called the researchers involved to discuss issues of great importance to their livelihood. The CMC is most grateful for the thought-provoking contributions and the ongoing willingness of all informants who provided relevant material and contrasting perspectives on the vast range of issues addressed by this evaluation. vi CONTENTS Foreword iii Acknowledgments vi Contents vii Abbreviations ix Legislation cited in the report x Summary xi Chapter 1: Background issues and evaluation plan 1 Prostitution in Queensland 1 Support for the legal brothel industry: associations and informal regulation 10 Evaluation framework 12 Overview of Chapter 1 16 Chapter 2: A review of prostitution research and legislation 17 Pathways to prostitution and barriers to leaving 17 Health and safety of sex workers 21 Characteristics of clients of sex workers 23 The impact of prostitution on the community 24 Current legal and regulatory approaches to prostitution 27 The effectiveness of various legal and regulatory approaches to prostitution 29 Overview of Chapter 2 42 Chapter 3: Progressing the principles underlying the Prostitution Act 43 Principle 1: To ensure quality of life for local communities 43 Principle 2: To safeguard against corruption and organised crime 46 Principle 3: To address social factors that contribute to involvement in the sex industry 51 Principle 4: To ensure a healthy society 58 Principle 5: To promote safety 68 Overview of Chapter 3 76 Chapter 4: Controlling illegal prostitution in Queensland 77 Legislation 77 Law enforcement 78 Major issues raised by the evaluation 80 Overview of Chapter 4 88 Chapter 5: Regulation of the legal prostitution industry in Queensland 89 Government-level oversight 89 Finding appropriate brothel sites and obtaining council approval 92 Licence application and approval processes 97 Practical application of the Act 102 Regulation of sole operators 117 Overview of Chapter 5 119 Chapter 6: Regulatory effectiveness 121 Building partnerships: a whole-of-government approach 121 Working with licensees: enhancing compliance 123 Administrative issues 126 Informing sex workers: increasing legal activity 127 Overview of Chapter 6 129 Chapter 7: Major issues, key fi ndings and future directions 131 Overview of major issues and key fi ndings 131 Future directions for regulating sexual services in Queensland 134 Closing thoughts 135 Appendix 1: Recommendations for reform of prostitution-related activities in Queensland by the Criminal Justice Commission (1991) 137 Appendix 2: Brothel licence conditions and conditions of an approved manager certifi cate 140 Appendix 3: Key informants to the evaluation 145 Appendix 4: Queensland-based prostitution research (methodological approaches) 147 Appendix 5: CMC 2004 survey of sex workers 150 References 157 viii ABBREVIATIONS ABN Australian Business Number ACCC Australian Competition and Consumer Commission AFP Australian Federal Police ASIC Australian Securities and Investment Commission ATO Australian Taxation Offi ce CBD central business district CCT Commercial and Consumer Tribunal CCTV closed-circuit television CJC Criminal Justice Commission CMC Crime and Misconduct Commission CSA child sexual abuse HTC hospitality training courses IDU injecting drug user IPA Integrated Planning Act LGAQ Local Government Association of Queensland LH&MWU Liquor, Hospitality and Miscellaneous Workers Union NEPS National Employment and Psychological Services Centre Inc. PAC Prostitution Advisory Council PETF Prostitution Enforcement Task Force PHA Public Health Association PLA Prostitution Licensing Authority PPE personal protective equipment QABA Queensland Adult Business Association OECD Organisation for Economic Co-operation and Development QPS Queensland Police Service QuIVAA Queensland Intravenous AIDS Association RSI repetitive strain injury SQWISI Self-Health for Queensland Workers in the Sex Industry STD sexually transmitted disease STI sexually transmitted infection SWAN Sex Worker Action Network SWOP Sex Workers Outreach Project WH&S workplace health and safety ix LEGISLATION CITED IN THE REPORT Crime and Misconduct Act 2001 (Qld) Criminal Code Act 1899 (Qld) Criminal Code Act 1924 (Tas.) Criminal Code Act Compilation