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(c) a school, education and care service premises or children’s services centre; or.
(d) a public place regularly frequented by children and in which children are present at the time of the soliciting, accosting or loitering.
The Sex Work Act 1994 under Section 12 also states that.
“a person must not.
(a) loiter in or frequent a public place for the purpose of, or with the intention of, inviting or soliciting any person to offer sex work services himself or herself with him or her or another person or of being accosted by or on behalf of a sex worker; or.
(b) in a public place invite or solicit any person to offer sex work services himself or herself with him or her or another person.
Section 21C of the Sex Work Act is about banning notices. According to the Act, “A relevant police officer who suspects on reasonable grounds that a person is committing or has just committed a relevant offence within a declared area may give the person a notice banning the person, for the period specified in the notice, from the declared area.”
A Police Officer “must not give a banning notice to a person unless the police officer believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from committing a further relevant offence.”
If a police officer is not in uniform, they must produce proof of his or her identity and official status before issuing a banning notice.
The period specified in the banning notice must not exceed 72 hours starting from the time the notice is given to the person to whom it applies.
Police cannot give a banning notice if they believe or have reasonable grounds for believing the person lives or works in the declared area.
No more than one banning notice may be given to a person for a declared area in respect of the same relevant offence, but a banning notice may be given to a person who is already subject to a banning notice for the declared area if the subsequent notice is given in respect of a separate relevant offence.
Attorney General’s Advisory Group into Street Prostitution 2002 This report marked the end of a broad consultation process involving sex workers, Rhed, legal and health experts, local council and people who live in areas where the street based sex industry is visible. Many of the outcomes were positive and recommended legislative reform including the decriminalisation of street based sex work in some areas and the creation of ‘safe houses’. Unfortunately the Labor Government in Victoria rejected the recommendations and no further action has been taken since the release of the report. Link.
On June 1, 2016 some changes were made regarding laws advertising for sex workers; the overall framework unfortunately remained unaltered, despite submissions and advocacy for decriminalisation and the repealing of these discriminatory and counter productive laws. There are some changes to what content sex workers can now use in our advertising- which are outlined below.
Sections 5a, 5b and 5c of the ‘Sex Work Regulations 2016’ state: ” (5) An advertisement for a business carried on by a sex work service provider that is published on the Internet may contain a photographic or other pictorial representation of a person which is not restricted to the head and shoulders, provided that the advertisement does not contain a photographic or other pictorial representation of—
(a) the bare sexual organs, buttocks or anus of a person, or frontal nudity of the genital region; or.
(b) bare breasts; or.
(c) a sexual act or simulated sexual act. ”
(prior to June 1 2016, advertising laws for sex workers had restricted pictures legally allowed to only heads and shoulders)
Our Victorian organisational member, Vixen Collective, conducted a consultation with Victorian sex workers and in conjunction with St Kilda Legal Service has received feedback from Consumer Affairs Victoria (CAV) that although this feedback does not constitute legal advice, Consumer Affairs Victoria have stated that they support the following:
Sheer underwear may be worn but it cannot be completely transparent Very short shorts, hot pants, thong and G-string underwear can be worn but it must cover the genitalia and anus of a person This includes – the use of head hair, shadows, censorship bars or blur/special effects, another body part or product to cover the area Section 5(b):
The nipple/areola of a female’s breasts must be covered in all advertisements Otherwise exposure of the rest of the breasts is appropriate This includes – the use of head hair, shadows, censorship bars or blur/special effects, another body part or product to cover the area Section 5(c):
“Sexual act” is defined as per the term “sexual services” in the ‘Sex Work Act 1994’ section 3.
St Kilda Legal Service also has information on their website on this subject here. (opens in new window)
The entire “Advertising Controls” section of “Sex Work Regulations 2016” can be accessed here. (opens in new window)
To view a pdf file of the entirety of the Sex Work Regulations 2016 (part of which includes advertising regulations) see here. (Opens new window)