After years of advocacy by sex workers, the Sex Work Decriminalisation Act 2022 was passed on 22 February 2022. This new law means that everywhere in Victoria, sex work is recognised as work, and is regulated through standard business laws instead of discriminatory licensing and criminalisation.
Sex work decriminalisation recognises that all adults (including sex workers and their clients) have the right to autonomy and choice about their bodies and health. Sexual health, safer sex practices and accessing routine testing and treatment are shared responsibilities for all sexually active adults.
This fact sheet covers FAQ for clients on how these changes impact sexual health, including safer sex practices, and sexually transmitted infection (STI) and blood-borne virus (BBV) prevention. As a client, your own sexual health is in your hands and maintaining safer sex practices and regular testing will help prevent STI and BBV transmission. Please get in touch with your doctor to discuss your options or contact Melbourne Sexual Health Centre for more information.
What changes are occurring and when?
There are two law changes in Victoria that affect the sex workers and their clients – the Sex Work Decriminalisation Act 2022 and changes to the Crimes Act 1958.
The Sex Work Decriminalisation Act 2022 is being rolled-out in two stages:
- Stage 1 – from 10 May 2022
- Stage 2 – by 1 December 2023.
Changes to the Crimes Act 1958 are in force from 30 July 2023.
You can read more about these changes at decrim fact sheet.
FAQ
Do sex workers and clients legally need to use condoms? What other rules do I need to follow?
Clients are legally required to follow the boundaries and rules set out by sex workers.
It is no longer a criminal offence for sex workers not to use condoms or other safer sex PPE at work. But this does not mean that sex workers will stop using condoms! As part of Stage 1 from 10 May 2022, this important change allows for sex workers to have more choice regarding the services they offer based on personal risk assessment. In places where sex work is decriminalised, condom use remains high.
From 30 July 2023, if a person (including a sex worker) consents to any sexual activity ‘on the basis that a condom is used and either –
- before or during the act, any other person involved in the act intentionally removes the condom or tampers with the condom; or
- the person who was supposed to use the condom intentionally does not use it –
Then there is no consent to the sexual activity and the activity becomes a sexual offence (see Crimes Act 1958 (Vic) s 36(2)(ka)
From 30 July 2023, if a person (including a sex worker) engages in any sexual activity because of a false or misleading representation that the person will be paid – then there is no consent to the sexual activity and the activity becomes a sexual offence (see Crimes Act 1958 (Vic) s 36(2)(m).
Are sex workers still required to provide a sexual health certificate and get tested every three months?
No, but this doesn’t mean that sex workers will stop getting tested!
Mandatory testing was ended as part of Stage 1 on 10 May 2022, meaning that sex workers are no longer legally required to get sexual health tests or provide certificates every 3 months. This change recognises that sex workers (like all adults) are able to manage their own sexual health, rather than mandating it by law or putting it in the hands of owner/operators of sex industry businesses.
Mandatory testing laws actually meant that sex workers engaging with testing were at constant risk of penalties. This meant that the old law incentivised sex workers to not engage with testing at all, because doing so put them at risk of criminal penalties. The new laws actually make it easier for sex workers to engage with testing services by not forcing sex workers to put themselves at risk of penalty just to go to a doctor.
Sex workers are safer sex experts, use preventative strategies and access routine testing and treatment when required – not because of legal requirements, but because their bodies are their business. Research has shown that mandatory testing is ineffective, costly, and reinforces the idea that sex workers are vectors of disease. Sex workers have a high level of knowledge and implementation of safer sex practices, resulting in consistently equal or lower rates of STIs and BBVs than the general public.
Are sex workers who live and work with a sexually transmitted infection (STI) or blood borne virus (BBV) like HIV still criminalised?
No. As part of Stage 1 from 10 May 2022, it is no longer a criminal offence for sex workers (or any other kind of worker) to work with an STI or BBV, and they are not required to disclose this information to you. This does not mean that there will be an increase in STIs and BBVs. Research shows that when sex work is decriminalised, sex workers consistently use condoms and other safer sex personal protective equipment (PPE) with clients and have high rates of sexual health testing.
The criminalisation of sex work, HIV and other BBVs and STIs is based in stigma rather than evidence. Discrimination against any person with an STI, BBV or HIV is unacceptable and creates barriers to accessing testing and treatment.
In a similar way to mandatory testing, laws against working with BBVs and STIs turned out to not protect anyone, and instead forced people underground. The new laws are more protective of everyone, because sex workers and clients can now safely access testing and treatment without risk of criminal penalty.
It is still a legal requirement for all adults in Victoria (including sex workers and clients) who have an infectious disease, or who are at risk of contracting an infectious disease, to take reasonable precautions to minimise transmission (Public Health and Wellbeing Act 2008 (Vic)).
If I have sex with a sex worker, am I at risk of transmitting or catching a sexually transmissible infection (STI) or a blood borne virus (BBV)?
Any person who has sex with any other person is ‘at risk’ of transmitting or contracting an infection, but there are lots of ways you can minimise that risk – both for yourself and for other people.
Sex workers are safer sex experts, and protecting themselves from STIs and BBVs and providing safer sexual services is part of their job. It is a legal requirement to respect the boundaries and rules set in place by a sex worker, and these boundaries minimise the risk of STI and BBV transmission for both parties. All sexually active adults (including sex workers and clients) have a responsibility to follow and maintain sexual health practices and engage in regular testing.
What safer sex tools (SSTs)/safer sex personal protective equipment (PPE) should I be aware of?
Condoms (of all sizes), water-based lubricant, dental dams and single-use gloves are all effective safer sex tools, and can be used to minimise the transmission of STIs and BBVs.
Some sex workers also like to use internal condoms (also known as female condoms or Femidoms). They work just like regular condoms, but are worn internally inside the vagina.
Dental dams are very thin rectangular sheets of latex and are often flavoured. They can be used for vaginal, anal and oral protection and used by stretching the dam over the anal/genital area and holding it in place.
What is a ‘health check’?
Sex workers often conduct a ‘health check’ before commencing a service by looking for visible signs of STI symptoms around a client’s mouth, genitals and bum. Different sex workers do this differently – some sex workers use a torch or ultraviolet light, and some may conduct a check without a client even noticing.
Complying with this health check is important for your own health and the health of the sex worker. If you have visible STI symptoms, a sex worker may refuse you service, offer you an alternative service or use PPE to minimise risk of transmission. If a sex worker tells you that you may have visible symptoms of an STI, it’s important to get tested and/or discuss this with your healthcare provider, even if you think the symptom has ‘been there forever’ or ‘my penis just looks that way.’
What are the most common STIs and BBVs I need to look out for?
The most common STIs and BBVs are: chlamydia trachomatis (chlamydia), human papillomavirus (HPV/condyloma acuminatum/genital warts) herpes simplex (HSV-1, HSV-2, cold sores, genital herpes), neisseria gonorrhea (gonorrhoea, ‘the clap’), syphilis, hepatitis A (HAV), hepatitis B (HBV) and hepatitis C (hep C) and human immunodeficiency virus (HIV). All of these conditions can be treated and/or managed, but may have serious health impacts if left undiagnosed and untreated.
If routine testing and treatment is important, why is it not mandated or forced?
Mandated sexual health testing is discriminatory and based in stigma, not evidence. Sex workers are already experts on their own sexual health, and access regular sexual health testing even when it is not mandated. Every person who has sex is responsible for their own sexual health, including sex workers and clients. Routine sexual health testing and treatment work best when sex workers manage their own sexual health and testing.
Both in Australia and across the world, peer education, leadership and rapid action by sex workers have led to low rates of STI and BBV transmission and high rates of sexual health testing and treatment. In the 1980s, communities impacted by the HIV/AIDS epidemic (including sex workers, LGBTQI+ people and people who use drugs) mobilised and advocated for HIV/AIDS prevention and treatment programs to be based on a ‘partnership approach’, recognising the centrality of affected communities in the public health response. This allowed for peer organisations to lead, design and deliver prevention and education programs when responding to HIV/AIDS.
The appropriate frequency and nature of sexual health testing and treatment is based on a number of factors and may be different for each individual (including individual sex workers and individual clients). Each person should talk to their doctor or healthcare provider about what’s right for them. You can contact your healthcare provider or Melbourne Sexual Health Centre for information, testing and treatment.
What’s PrEP and PEP and who should take it?
Pre-Exposure Prophylaxis (PrEP) are antiretroviral drugs used by HIV-negative people to greatly reduce the risk of contracting HIV if they are exposed to it. Post Exposure Prophylaxis (PEP) is for HIV-negative people who have potentially been exposed to HIV.
PrEP is usually taken daily on an ongoing basis, but can be taken on demand (on demand PrEP use is currently only recommended for cis men who have sex with men). Daily use of PrEP is recommended as an effective HIV prevention strategy for all people who are at risk of HIV acquisition (see prepguidelines.com.au).
PEP is a short course of medication that, if taken within 72 hours of exposure to HIV, can significantly reduce the chance of contracting HIV.
You can discuss with your healthcare provider whether taking PrEP or PEP is right for you.
Resources
Vixen – Victoria’s peer-only sex worker organisation
Victorian Department of Health – Decriminalisation of Sex Work
https://www.health.vic.gov.au/preventive-health/decriminalisation-of-sex-work
Premier of Victoria – Affirmative Consent Model Now Law in Victoria
https://www.premier.vic.gov.au/affirmative-consent-model-now-law-victoria