*Please note, the QLD government passed the bill to decriminalise sex work on 2 May 2024. The new laws will be effective from 1 August 2024. We are in the process of updating this page to include these changes. The article immediately below is correct as of October 3, 2023.
Prostitution occurs when a person engages in a sexual act with another person pursuant to a commercial arrangement. Section 229E of the Criminal Code Queensland specifies that sexual acts include any of the following:
- Sexual intercourse;
- Masturbation;
- Oral sex;
- Any other activity that involves one person using another for his or her sexual satisfaction involving physical contact.
Legality
Importantly, not all acts of prostitution are unlawful. In fact, engaging in prostitution is not itself unlawful. For example, you can legally work as a sex worker in Queensland if you work alone (from your home, unit, motel or hotel or if you work in a licenced brothel). Also, a client visiting such an establishment also does not commit an offence.
It is, however, illegal to;
- Publicly solicit for prostitution. A prostitute would be liable for the offence of soliciting if they approach a prospective client in a public place.
- Operate a brothel without the necessary licence.
- Enter or leave a brothel that is not a properly licenced venue.
- Procure another person to engage in the act of prostitution.
- Knowingly participate in facilitating the prostitution of another (for example, pimps, drivers etc).
- Have two or more sex workers working out of the same property (if it is not a licensed brothel).
Legislation
Prostitution in Queensland is regulated by the Criminal Code Act 1899 (Qld) (Criminal Code) and the Prostitution Act 1999 (Qld) (Prostitution Act).
Offences
The following are offences under the Prostitution Act:
- Public solicitation Section 3 of the Prostitution Act makes it an offence to publicly solicit for prostitution. And carries a maximum penalty of 15 penalty units for a first offence, 25 penalty units for a second offence or 30 penalty units or 6 months imprisonment for a third or subsequent offence.
- Duress Section 77 of the Prostitution Act provides that it is an offence to coerce, threaten, either directly or indirectly, or otherwise use duress to make another person continue to provide sex work. The maximum penalty for this offence is 200 penalty units or 7 years imprisonment.
- Engaging in prostitution without a condom Section 77A of the Prostitution Act makes it an offence to provide prostitution, involving sexual intercourse or oral sex without a prophylactic. It is also an offence to ask or offer to perform sex work without a prophylactic. The maximum penalty for this offence is 100 penalty units.
- Obtaining prostitution from a juvenile Under Section 229FA of the Criminal Code, it is an offence to obtain prostitution from a person who is not an adult, and the offender knows or ought to know that the person is not an adult. The maximum penalty for this offence is imprisonment for seven years. Or Alternatively, if the person is under 16, the maximum penalty is 14 years.
- Procuring another to engage in prostitution Section 229G of the Criminal Code makes it an offence to procure a person to engage in the act of prostitution, or to come to Queensland or leave Queensland for the purpose of engaging in prostitution. These offences carry a maximum penalty of 7 years imprisonment, or 20 years imprisonment if the person procured is under 18 or has an impairment of the mind.
- Participating in the provision of prostitution Section 229H of the Criminal Code makes it an offence for a person to knowingly participate in the provision of prostitution, either directly or indirectly. This offence carries a maximum penalty of imprisonment for 3 years for the first offence, 5 years for a second offence and 7 years for a third or subsequent offence.
- Carrying on business of providing unlawful prostitution Section 229HB of the Criminal Code makes it an offence to carry on the business of providing unlawful prostitution. This is punishable with a maximum of 7 years imprisonment, or 14 years imprisonment if the offender has knowledge that the prostitution being provided, is being conducted by a person who is not an adult or has an impairment of the mind.
Possible Defences
There are numerous possible defences that may apply to these offence. Some examples include, but are not limited to the following;
- Identification i.e. was not the accused person.
- The accused did not knowingly participate, either directly or indirectly, in the provision of prostitution.
- The other person is an adult and is not intellectually impaired.
At Smith Cambridge Lawyers, we can give you advice on the best way to progress your matter to either contest the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.
*UPDATES: Decriminalisation of Sex Work
As of 2 May 2024, Queensland has passed a bill decriminalising sex work, aligning with other Australian states like New South Wales, Victoria, and the Northern Territory.
This new legislation allows sex workers to operate legally without fear of prosecution, including the ability to solicit, advertise, and work in groups, which was previously illegal.
Protection from Discrimination:
The new law includes amendments to the Anti-Discrimination Act 1991, ensuring sex workers are protected from discrimination. For instance, sex workers can no longer be refused accommodation by hotels on the basis that they may use the room for sex work.
Repealed Offences:
The legislation repeals several offences that previously criminalised sex workers for working together or for safety strategies such as checking in with other workers. This change aims to improve access to justice and safety for sex workers.
New Offences:
Despite the decriminalisation, new offences have been established to protect children from exploitation and coercion into sex work. A new section, 217A, makes it illegal to obtain commercial sexual services from a person who is not an adult.
