SWLRV Sex Work Law Reform Victoria

(Equality. Safety. Justice)

Safety. Equality. Justice. Email - contact@swlrv.org.au Postal Address - PO Box 3071

South Melbourne VIC 3205

Web - www.sexworklawreformvictoria.org.au

Inquiry into Sustainable Employment for Disadvantaged Jobseekers The Committee Manager Legislative Assembly Economy and Infrastructure Committee Parliament House, Spring Street EAST MELBOURNE VIC 3002

31 July 2019

Dear Committee Manager,

Sex Work Law Reform Victoria (SWLRV) is an independent non-partisan volunteer group led by sex workers, lobbying for the legal rights of sex workers in Victoria.

SWLRV advocates for:

• the full decriminalisation of consensual adult sex work in the Australian state of Victoria• the removal of institutional discrimination against Victorian sex workers• the inclusion of 'occupation' as a protected attribute in Victorian anti-discrimination

legislation• the expungement of select convictions affecting people working in and connected to the sex

industry (eg. street solicitation convictions)• increased funding to government funded programs that support sex workers by responding

to needs and gaps in services as identified by sex workers themselves

We appreciate this opportunity to contribute to the Inquiry into Sustainable Employment for Disadvantaged Jobseekers and attach our submission accordingly.

Sincerely,

On behalf of Sex Work Law Reform Victoria

LA EIC - Disadvantaged Jobseekers Inquiry Submission no. 38Received: 31 July 2019

Sex Work Law Reform Victoria - frghting for the legal rights of Victorian sexworkers

Sex Work Law Reform Victoria was founded in zorS and advocates for the fulldecriminalisation of consensual adult sex work in Victoria. We view sex work as legitimatework. Sex Work Law Reform Victoria is a sex worker led volunteer law reform organisation.We lobby key stakeholders and raise awareness about areas in need of reform, as well as

highlighting to the broader commumty the benefits of enhancing sex workers' legal rights.

What is SexWork?

Sex work is the provision of sexual serviees for money or goods. Sex workers are women,men and gender diverse people who receive money or goods in exchange for sexual services,and who consciously define those activities as income generating even if they do notconsider sex work as their occupation (Overs, zooz). Under Victorian law, sex work isbroadly defined as physical sexual services provided in exchange for money (see definitionof sexual services in section 3 of the SexWorkAct 1994 ffic))

Sex Workers - Demographics

Although there are no up-to-date studies on the demographics of Yictorian sex workers,there are a number of comparable national and interstate sfudies from which Victorianfigures can be calculated/estimated. We have used such studies to provide a generaloverview of the demographics of Victorian sex workers in zor9.

In qny given year there are 6,t97 sex workers in Victoria (Quandara, 2oo8), of whomaround Bo% work illegally. The majority of sex workers in Victoria have completed someform of tertiary education. By far the least common tlpe of sex work is street-based sexwork, with the most common type being self employed (private) sex work, SSy, of the totalworking population (Selvey, zotT).8o% of sex workers are female andzao/o are male. Mostare aged under 3o, with 6o% being born outside Australia or New Zealand (Selvey, zotT).The main reason people take up sex work is financial need, with around one third reportingas having worked in the industry for between 1-2 years. u.5Yo had been in the industry forover 10 years (Selvey, zot7).

Sex Work Laws in Victoria

In 1985, Marcia Neave eonducted an Inquiry into Prostitution in Victoria. Intgg4,Victorialegalised sex workby introducing a licensing system of sex worklaws. This licensing systemrequires individual sex workers and sex industry businesses to obtain a license in order tooperate lawfully. Further restrictions apply once a license is obtained. Victoria's licencingsystem of sex worklaws differs significantlyfrom the decriminalisation model across theborder in New South Wales.

This licensing system creates two types of sex workers: those who work lawfully and thosewho don't. Now outdated, the existing laws have resulted in the majority (around 8o%) ofsex workers operating outside the law, fearing police and other authority or regulatoryfigures. As a result, assaults and other crimes against sex workers remain largelyunreported.

Sex Work t aw Reform Victoria

Many sex workers endure a lack of the safe, consistent working conditions afforded to otherindustries, while unfair work practices are tolerated and remain unreported (Banach , Lggg).Sex workers, already marginalised in society, suffer further when operating outside thestrict regulatory framework.

Anti-Discrimination Laws in Victoria and Sex \fforkers

Victorian anti-discrimination legislation is found in the Equal Opportunity Act 2o7o (Vic).Section 6 identifies the protected attributes on the basis ofwhich discrimination is prohibited. These include, but are not limited to:

. age

. gender identity

. disability status

. marital status

. face

. lawful sexual activity

. SeXo s€xu&l orientdtion

However, 'occupation'is not a protected attribute, meaning that the discrimination sexworkers face in settings outside the sex industry remains lawfirl. When sex workers facediscrimination in settings outside the sex industry, it is due to the nature of theiroccupation.

This lack of legal protection provides a significant barrier to sex workers seekingempl6yment outside the sex industry. If a sex worker discloses the nature of theirogclpation on a resume or during an interview, they can lawfully be discriminated against.ff tl1ey choose not to disclose this, they must either be dishonest, or try to explain away gapsin their resume.

F,xisting Government Funded Support Services

Resourcing Health and Education for the sex industry (RhED), a program of Star Health, isVictoria's government funded program that works with sex workers. nfrgn is staffed bypeers (former and current sex workers), and other professionals, and provides information,education, support and advocacy to sex workers. Specifically, RhED's Pathways programprovides opporLunities for sex workers to explore other career options within and outsidethe sex industry. RhED advocates for the full decriminalisation of sex work.

Pathways - Targeted Assistance for sex Workers to Find Employment

The RhED Pathways program supports sex workers exploring other career options withinand outside the sex industry. They provide support with budgeting and finances,employment, education, training, counselling, language and literacy; and housing.

Defining Disadvantaged Jobseekers

Sex workers who seek employment outside the sex industry are not necessarilydisadvantaged because of their experiences within the sex industry, however, negative

Sex Work Law Reform Victoria

attitudes towards sex work can create disadvantage and form barriers to finding sustainableemployment outside the sex industry.SoCial stigma also negatively affects self-esteem, thus increasing the likelihood that sexworkers will remain in the sex industry (Prostitution Control Act Ministerial AdvisoryCommittee (PCAMAC), zooT). This significantly disadvantages sex workers wishing totransition out of the industry, whether in the short term or at a later stage of their workinglives.

Disadvantage arises from:1. stigmaz. lawful discrimination (anti-discrimination laws do not protect'occupation')g. criminal records as a result of the SexWorkAct t99+Nic)4. gaps in resumes as a result of sex workers' unwillingness to disclose their working

history to prospective employersS. significant reduction in occupational mobility for sex workers the longer they remain

inthe industry (PCAMAC,2aa7), in stark contrast to the upward mobility related toincreased experience in other industries

6. discrimination when applying for rental housing7. lack of deelared income (due to sex work being mainly a cash-based industry) and

low rates of income declaration to the ATO. This is in part the result of the illegalstatus of most Victorian sex workers (8o%).

It is crucial not to make the assumption that sex workers are unhappy in their work andnecessarily want to find employment outside the sex industry. Many sex workers do enjoytheir work and have no plans to work in other settings. For the purposes of this inquiry, wecopsider a sex worker to be a jobseeker if they're a current or former sex worker and have*id* a decision to find worktutside the sexindustry.We attach a news article from TenDarly which reveals the discrimination a sex worker faced when meeting with an accountantto declare her income and pay tax. Barriers to declaring income can create disadvantage bylimiting opporhrnities to secure stable housing in Victoria's competitive and oftenunaffordable private rental market.

Defining Sustainable Employment

We viewsex work as legitimate wor\ and for many people it provides sustainableemplol'rnent. However, for the purposes of this inquiry, we will define srxtainableemployment to mean sustainable employment outside the sex industry. Many sex workersalso hold jobs outside the sex industry, and many leave and enter the sex industry forperiods of time throughout their working lives.

Barriers to Securing Sustainable Employment Outside the Sex Industry

Some barriers that sex workers may face in seeking sustainable emplolnnent:

L. resume gaps2. experience of stigma and an unwillingness to talk about sex work to prospective

employersB. a sense of disconnection and lack of acceptance from mainstream society and

workplaces (PCAMAC, 20 cl7)

4. criminalisation of their work reduces the likelihood of seeking help or accessingservices

4Sex Work Law Reform Victoria

S. criminal convictions resulting from their work6. lack of anti-discriminalion protections ('occupation'not a protected attribute)T. sex workers may viewthemselves as'unemployable' (Amini, zotg)8. many sex workers require the flexible nature/hours of sex work (Ibid).

Economic Benefits of Sustainable Employment

The economic benefits to sex workers of being sustainably employed will be the same asthose enjoyed by anyone else. Four benefits include:

1. higher disposable incomez. Iower reliance on welfare payments3. higher employability - a sex worker's occupational mobility is inversely related to

the length of time they remain in the sex industry (pcAMAC , zooT)4- Greater tax compliance (the majority of sex workers are criminalised in Victoria and

do not pay taxes in order to avoid detection of their lillegal'sex work activity).

Social Benefits of Sustainable Employment

Emplo3,ment outside of the sex industly can be beneficial for sex workers' mental health.This is because career delelopment and transitional skills can help prevent'burnout' andenhanee one's self-care (Amina, zoo1).

Sustainable employment outside the- sex industry can also counteract the often solitarynature of much of sex work (Ibid). The criminal itatus of most sex work adds to thei:glqli"S impact of employnent in this industry. This isolation prevents disclosure to others(Ibid)Fand therefore hinders the creation of supportive social n^etr^/orks.

Recommendations

Many of the disadvantages sex workers face in seeking sustainable employment outside thesex-industry are the rgsult of systemic discriminationind the impact of ciiminalisation. Assuch, our recommendations focus on addressing these broader iiues. We would. be gratefulif the Legislative Assembly Economy and Infrasiructure Committee prioritised thesJchanges:

Recommendation r

A Victorian Law Reform Commission inquiry into the effectiveness of sexwork regulation, as indicated in Labor's iorb platfiorrn.

This will enable a comprehensive review of the various barriers Victoria's existing legislativeframework creates for those sex workers who seek emploSrment outside the sex i"'arr!try.For example, such an inquiry could consider:

. the full decriminalisation of consensual adult sex work in the Australian state ofYictoria

' the inclusion of 'occupation' as a protected attribute in Victorian anti-d.iscriminationlegislation

' the expungement of select convictions affecting people working in and. connected tothe sex industry (eg. street solicitation convictions).-

Sex Work Law Reform Victoria

Recommendation z

The Minister for Consumer Affairs to reinstate the Sex Work MinisterialAdvisory Committee as required under s 67 of the Sex Work Act t9941Vic).

This committee met regularly until zor4, conducting research and authoring reportsincluding recommendations to government. The committee also provided opportuaities_forsex workers and others involved with the sex industry to express their views directly to thegovernment. In zooT,the committee authoredthe report,'Improving_the Regulation of theSex Industry and Supporting Sex Workers Who Want to Move On', which recommended theestablishment of a government- funded program based on a ease management approachdesigned to build linkages and non-judgemental referual pathways for sex workers to otherallied services. The report foeused on the support needs of sex workers seeking employmentoutside the sex industry. In zoto, one of the recommendations from the report was

implemented in the form of RhED's Pathways Program, which has since expanded andbecome a permanent program within RhED (Amina, zorg). The Pathways Programprovides individualised case management assistance to those sex workers seekingsustainable employment outside the sex industry. We attach the Sex Work MinisterialAdvisory Committee's report to our submission.

Recommendation 3

The urpungement of select convictions affecting people working in andconnected to the sex industry (eg. street solicitation convictions)

Inbommon with other people living with criminal records, sex workers with criminalrecords seeking employment faee significant barriers. The criminalisation of consensualadult sex work is considered a breach of human rights by Amnesty International, a positionshared by Labor's zorS Platform on sex work:

Yictorian Labor is committed to strengthening humanrights and equol opportunitU forq.ll Victoriqns. Labor uill recommend that the Victoriqn Latu Reform Commr'ssfonconsider decriminalisation of all sexruorkinVictoria as per other systems recognisedinternqtionalty by human rig hts or g anisations.'

Recommendation 4

The inclusion of 'occupation'as aprotected attribute inVictorian anti'discrimination legislation

The discrimination sex workers face throughouttheir lives increases their disadvantage in arange of settings, including workplace settings. Whether aecessing housing, applying forwork, or seeing an accountant, the discrimination sex workers face based on occupationremains lawful in Yictoria.

We appreciate this opportunity to contribute to the Inquiry into Sustainable EmploS..rnentfor Disadvantaged Jobseekers.

Sex Work Law Reform Victoria

If you require further information or wish to discuss any part of this submission, pleasecontact us.

Request of Confi dentiality

We wish our submission to be made public. However, we askthat the name of ourrepresentative be redacted from the public version of our submission. Werequest that signafure also be redacted from the version of our submission that is madepublic. We also request that telephone number be redacted from the version of oursubmission that is made public. Our organisation can easily be contacted by post, email orvia our website. These postal, email and website details are clearly listed ori o:* submission-a1d

we are happy for these to be released in the public version of our submission. We wouldlike to speak at the hearing in Melbourne scheduled later this year. We request that ourrepresentatives be granted an'in-camera' hearing.

Additional Supporting Evidence Attached

1. Ten Daily news article by IGte Iselin, 'Sex Work Is Real Work, So Let Me pay Tax', IJuly zor9.

2. Copy of email with redactions from a male sex worker wanting to exit the industry.3. Rgqort by the Sex Work Ministerial Advisory Committee,'Improuing the Regulation

of_the lex Industry and Supporttng Sex Workers Wha Want'to Moie On', 26a7. Thisrelated to Recommendation z.

4- Statement from female sex worker about finding and seeking employment outsidethe sex industry.

t

References

Amina, S., Poltanov, R., Dallimore, L., and Sandy,L. (zotg) Career Development for SexWorkers: Community Needs Assessment. Melbourne: RhED

Amnesty International,Amnestg International Policy On State Obligattons To Respect,Protect And Fulfil The Human Rights of Sex warkeis (26 May zo16) AmnestyInternational<htfps ://wr,tnv.amnesty.o rg/ en / daeuments/pol3o / 4o6z / zo:16 I enl >

Banach, Linda, Unjust and Caunter-Productiue: The Failure of Gouernments to pratect SexWarkersfrom Discrimination, Scarlet Alliance and the Australian Federation of AIDSOrganisations (1999).< www. scarletalliance.org. au/library/unjust-counterproductive >

Overs, Chery', Sex Workers - Part of the Solution: An Analysis of HIV PreventionProgramming Eo_Prevent HlVTransmission During Commercial Sex in DevelopingCountries, World Health Organisation (zooz)

The Prostitution Control Act Ministerial Advisory Committe e (zool) Improving theRegulation of the Sex Industry and Supporting Sex Workers Who Want io Move On.Melbourne, Consumer Affairs Victoria

Sex Work Law Reform Victoria

Quandara , A. Sex taorkers and sental assault in Australia: Prevalence, risk and safetA,(Australian Centre for the Study of Sexual Assault, Volume B, zoo8)

Selvey, L., Hallett, J., Lobo, R., McCausland, K., Bates, J., & Donovan, B. (zor7) . WesternAustrolian LaLU ond sexWorker Health (IA,SH) StudA.A summqry report to the WesternAustralian Department of Healfh. Perth: School of Public Health, Curtin University

Sex Work Law Reform Victoria