In Victoria, sex work occurs legally but is subject to a strict licensing scheme. Victorian sex workers who are unable to comply with these licensing requirements operate outside of the legal framework and can be charged with criminal offences. A large majority of Victorians who work in the industry, therefore, operate unlawfully. The Victorian parliament is currently conducting a major review of these laws.
There are widespread calls from sex workers and advocates for all forms of sex work to be decriminalised in the state. Brothels that have only one or two sex workers are exempt from licensing requirements. Although such brothels do not require a license to operate, they do require a permit under the Planning and Environment Act They must also register as an exempt brothel with the Business Licensing Authority. Brothels in Victoria are only allowed to operate in locations that are more than metres away from residences and at least metres away from churches, schools, hospitals and places where children regularly spend time.
Under the Public Health and Wellbeing Act , sex workers who operate at brothels must be provided with adequate condoms and lubricant, free of charge. Brothels are also required to provide clean linen and showers and make baths with hot and cold water available for the use of workers and clients at all times. Sex workers operating in brothels are required to have STI testing every three months.
Escort agencies are legal in Victoria. Escort agencies must comply with the Act and workers may refuse a booking if they consider the situation to be unsafe. Street-based prostitution is illegal in Victoria. If a person engages in street-based sex work in Victoria, they can be charged with criminal offences. It is legal for prostitutes to advertise in Victoria but the Regulations stipulate what can and cannot be included in the advertising.
Sex work must not be advertised on radio or television in Victoria. Ads must not describe sexual services, must not induce anyone to work as a sex worker, and must not refer to the health of the sex worker. There is a range of acts involving sex work that amount to criminal offences under the Act.
