Greens (WA) position statement on the Government's
Prostitution Control Bill 2002

15 May 2003

The Greens (WA) have consistently advocated for legislation to regulate sex work.

We are not opposed to a regulatory framework for the sex industry and believe that regulation will be useful if it provides for education, health and other support services to sex workers; separates street sex work from residential areas; and decriminalises the industry.

We, however, oppose the Government's Prostitution Control Bill 2002. The Bill is discriminatory and unnecessarily punitive. The Greens (WA) oppose the Bill for the following reasons.

The Prostitution Control Bill increases police powers and fails to decriminalise sex workers

The Prostitution Control Bill 2002 fails to decriminalise sex work.

The Bill will add thirty-five new offences that carry prison sentences and forty-two possible fines.

It gives police the power to approach anyone based on the suspicion of intent to commit an offence within a public place and search, detain, organise a strip search, and issue a move on notice. Further, police have the power to enter, search and seize evidence any place suspect of being used as a brothel and search with a warrant signed only by a senior police officer.

It is not appropriate for police to control the sex industry. Questions in relation to police corruption and the sex industry are currently part of the Royal Commissions into the Police Service. On going police control leads to the potential for increased corruption and discriminatory law enforcement.

Fines imposed on sex workers who offend are disproportionate to the offences, and far in excess of comparable offences in other legislation such as the Liquor Licensing Act (WA) 1988, the Police Act (WA) 1892 and the Justices Act (WA) 1902. For example, the fine for insulting a member of the Prostitution Control Board is $6,000 compared to the $5,000 fine for insulting or interrupting a judge.

The Bill puts sex workers health and safety at risk

The Bill does not give sex workers access to a safe workplace with occupational, health and safety protection. Sole operators will not be allowed to work with other sex workers, hire receptionists or security. They will be forced to work from their own place of residence. This leaves these workers more vulnerable to assault.

The Bill introduces excessive powers for health checks that are likely to deliver poorer public health outcomes. This strict regulatory model flies in the face of research which shows that the rate of STI in sex workers in WA is considerably lower that the rate in the general population. Sex workers should be able to continue to manage their own health. We believe the Government should work with sex worker organisations to develop policies that genuinely encourage sex workers to have regular checks, without implementing offences that undermine this aim.

The Bill creates excessive powers for the board

Given that most sex workers are women, the Bill does not ensure that at least some of the Prostitute Control Board members are women. Further, the Bill does not guarantee a position for a sex worker representative on the Board.

The Board will have excessive power over sex workers, and an absolute discretion that may result in an arbitrary exercise of power. We are particularly concerned about the combined effect of the following provisions:

• the board has a broad and absolute discretion
• the board has the power to do all things necessary or expedient in performing its functions and
• the board can act to refuse or suspend a licence on unsworn and unsubstantiated allegations

We note that while the Board would be empowered to require sex workers to provide information at an inquiry - sex workers would only be permitted an advocate or representative if approved by the presiding member. Sex workers and other people investigated by the board should be permitted representation, and permission of the presiding member should not be required. Such an imbalance in power is indicative of the reasons that we believe sex workers will be unwilling to trust and comply with the Board.

Further, there is no legitimate reason for the Board to require applicants for a licence to supply finger and palm prints. Sex workers who operate within the other provisions of the Bill would not be committing an offence and should not be treated as potential criminals.

Giz Watson MLC
Member for North Metropolitan Region

© 2003

gwatson@mp.wa.gov.au

The Office of  Giz Watson, MLC

339 Oxford Street

Leederville WA 6007

Australia

Telephone: +61-8-9201-0582

Facsimile: +61-8-9201-0583

 Last updated 27 August 2003
Authorised by G. Watson for the Greens (WA).