Sex work industry decriminalisation
On 15 February 2024 the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 was introduced into Queensland Parliament by the Honourable Yvette D’Ath, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence. On 2 May 2024 the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 (the Amendment Act) was passed by Queensland Parliament and commenced on 2 August 2024.
The Amendment Act establishes a legal framework to provide a safe, decriminalised sex work industry in Queensland to improve the health, safety, rights and legal protections for sex workers.
The Amendment Act is based on findings of the Queensland Law Reform Commission’s Sex work industry review (the QLRC review), which made 47 recommendations for a decriminalised sex work industry in Queensland. The QLRC review was informed by extensive evidence-based research and consultation with stakeholder groups and the public, as well as consideration of other Australian jurisdictions which have decriminalised sex work.
The Amendment Act:
- decriminalises the sex work industry in Queensland
- repeals existing criminal offences relating to sex work
- removes the requirement for brothels to be licensed
- creates new offences for the protection of sex workers and children
- strengthens the protection of all sex workers from unfair discrimination
- prevents local governments from making local laws specifically about the regulation of sex work.
Under the decriminalised framework, sex work businesses will be captured by regulatory requirements which apply to other businesses operating in Queensland.
Please find below relevant links to important regulators and other support services for the sex work industry.
Workplace health and safety guidance
Workplace Health and Safety Queensland consulted with the sex work industry, unions and various government departments to develop work health and safety guidance and resources for sex workers and businesses that provide sex work services.
For more information visit the WorkSafe website.
Sexual health
Queensland Health publishes information on sexual health, where to get tested, where to get free condoms and the facts on sexually transmissible infections.
For more information visit the Queensland Health website.
Planning framework amendments
Amendments to the Planning Regulation 2017 have been made to support the commencement of the Amendment Act, and to ensure that sex work businesses are treated the same as any other business in the planning framework.
For more information on planning framework changes visit the Department of Housing, Local Government, Planning and Public Works website.
Discrimination complaints
The Amendment Act strengthens the protections for all sex workers from unfair discrimination.
The Queensland Human Rights Commission handles complaints under the Anti-Discrimination Act 1991. If you feel you may have experienced unlawful discrimination, sexual harassment, vilification or another contravention of the Anti-Discrimination Act, you may be able to make a complaint.
The Queensland Human Rights Commission’s website has more information on the new protections and how to make a complaint.
Business Queensland
For more information on starting or running a business, or to find more information on the right local, Queensland and Australian government licences, permits, registrations and approvals you may need to operate a business, visit the Business Queensland website.
Fee refunds for brothel licensees and managers
The Amendment Act also repeals in full the Prostitution Act 1999, and as a result the Prostitution Licensing Authority is abolished. There will be no sex work specific regulator or licensing system for sex work businesses.
All fees paid by brothel licensees and approved managers will be refunded on a pro rata basis calculated from 9 May 2024, with fees paid after that date refunded in full.
This approach aligns with the recommendations of the QLRC review.
To find out more you can email PLAAdmin@justice.qld.gov.au.