UPDATE 1800 Friday 22 March 2013
The decriminalisation of sex work in South Australia???
If it gets up then YES!!!
Read the draft here…
UPDATE 2100h Monday 18 March 2013
Sex workers and other interested parties went through the rest of the Bill today. Soliciting is out. The $50 of supplies for WorkCover purposes is out. Seven of the fourteen sex work advisory committee members must be sex workers.
IF Steph Key has the parliamentary counsel bring out the third draft per our advice and advocacy, she will be proposing a Bill of TRUE decriminalisation!!!
We’ll see what she comes back with in the next few days but it is unlikely to have a first reading on Thursday.
UPDATE 2100h 15 March 2013
So… the Bill presented to us today was a slightly modified version of the one below. Fortunately the table agreed that the regulatory provisions were unacceptable, however, there were still amendments to the Criminal Law Consolidation Act and Summary Offences Act to go through when, two hours later, we adjourned until Monday 18 March 2013.
The consensus between representatives of ASPaSIA, the ASU, Scarlet Alliance, SIN and SWAGGERR was that the object of the proposed legislation was decriminalisation. As such, legislation, regulation, licencing and criminalisation (all of which was present in one form or another) was UNACCEPTABLE!
We will see what Steph Key presents to the table on Monday by way of amendments based on today’s industry representations and consultancy…
The first thing that jumps out at you is the name of the Bill…
Dissecting it now; a long night ahead. Will tweet and post on Facebook as we comment on each section.
- the Bill provides for a Registrar and authorised officers which means the government spending $ on new bureaucracy
- SAPOL remains as the regulating/policing body with specific powers that are in some ways in addition to those they already have. Police are NOT the appropriate body to be ensuring occupational health and safety in establishments. Further, the front line officers we have spoken to do not believe they are the appropriate people to enforce the use of condoms!!! It’s a health issue, not a public law and order issue.
- the Sex Work Law Advisory Committee sections in this draft are incomplete.
- there are many references to matters that will be determined in Regulations yet to be written, and that can be added or changed easily, which provides for many unknowns and the possibility for industry regulation without consultation; particularly if committee representation is not strong or their advice heeded. So much is left to regulations that have not yet been written.
- The ‘Object Clause’ seeks to state the objective of the proposed legislation as being decriminalisation yet includes the statement: while not endorsing or morally sanctioning prostitution or its use. This is effectively calls sex work immoral, sex workers immoral and those who seek the services of sex workers immoral for seeking an immoral service.
- the penalties imposed are far in excess of current law
- street-based sex work remains illegal. This further marginalises an already extremely vulnerable and marginalised group of women.
- the act implies, by the existance of the safer sex provisions, that sex workers are vectors of disease.
- establishments will have licencing system.
- an owner-operator is not subject to brothel provisions. More than four private workers who work as a collective are deemed a brothel and as such subject to licencing requirements.