Western Australia Attorney General Christian Porter said that under the new Prostitution Bill 2011, brothels would be banned from suburban areas.
Limited prostitution in non-suburban residential areas would be licensed and monitored.
The
Government will also create an exit fund for prostitutes seeking to leave the industry.
Attorney General Christian Porter said the Bill had been carefully developed after the release of a draft for community consultation earlier this year.
He said:
Prostitution is a controversial issue for any Government to address. Overwhelmingly though, ordinary West Australians do not want prostitution businesses of any size near their homes, in their residential
suburbs or near their children's school.
Update: A Dangerous Step Backwards for Health Promotion
18th November 2011.See article from sexparty.org.au
The Australian Sex Party has called the WA Prostitution Bill a dangerous step backwards in health promotion. The 2011 Bill, introduced into WA Parliament by Attorney General Christian Porter last week, was developed without proper consultation
with sex workers or sex worker organisations, and acts in direct opposition to the health safety, and best interests of sex workers.
Sex Party Candidate Zahra Stardust says This Bill will severely increase sex workers'
likelihood of harassment, vilification and imprisonment and decrease their access to health and support services .
The Bill bans sex work in residential or suburban areas and prohibits escort agencies, forcing sex workers into
brothels. The Bill then requires sex workers to disclose their legal names in the workplace, meaning that sex workers are singled out for surveillance, restricting their opportunities for employment and further education and introducing bias in custody
cases. The WA Bill criminalises the clients of sex workers, despite international evidence that this has severe consequences on the safety of sex workers themselves. The Bill criminalises all street-based sex workers, despite no evidence that they cause
adverse societal impact.
The Bill increases police power, despite the finding of the Woods Royal Commission that systemic corruption and misuse of personal information is rife when police act as sex industry regulators. Ms
Stardust says, Police powers to issue move-on notices, stop, detain and search anyone on suspicion that they have breached the law, and to order invasive cavity searches of sex workers, mean that sex workers will be unlikely to seek police assistance
in the event of a crime.
She continues, The Bill will be disastrous for sex workers occupational health and safety and industrial rights, as an unlicensed sex worker under the Bill is expressly excluded from accessing
Workers' Compensation. The Bill also prohibits advertising for any staff relating to sex work services, preventing sex workers from advertising for drivers, receptionists or security. This will clearly present obstacles to sex workers' health, safety and
access to support.'
Further, the Bill criminalises all migrant sex workers, providing that a licence can only be issued to an Australian citizen or permanent resident. This means that sex workers on student or temporary visas are
immediately rendered illegal, subject to heavy penalties, experience reduced access to health services, are denied access to peer education programs and are increasingly marginalised. The Bill introduces heavy penalties (up to 3 years imprisonment) and
fines (up to $50,000) for non-compliance.
Low rates of STIs and HIV among sex workers illustrate that sex workers are highly aware of safer sex practices and are skilled at negotiating and managing risks. The recent Law and Sexual
Health (LASH) study in Western Australia by the Kirby Institute states that health promotion for the sex industry is much easier when the target group is not covert and is working without the daily fear of a criminal prosecution. Similarly, the World
Health Organisation acknowledges that 'Legislation criminalising prostitution-related activities has frequently been identified as a barrier to the promotion of safer sex practices'.'