Stage 2 of Sex Work Decriminalisation in Victoria: What It Means for Sex Wokrers
From December 1, 2023, Stage 2 of sex work decriminalisation will take effect in Victoria. This follows the first stage, which began on May 10, 2022.
So, what do these changes mean for how we work?
The end of licensing (finally!) – The outdated licensing system will be completely phased out with the repeal of the Sex Work Act 1994.
Planning controls updated – Laws governing home-based work and the Business Licensing Authority (BLA) will be revised, ensuring sex work is treated like any other business. Local councils cannot undermine decriminalisation.
Independent and collective home-based work allowed – Independent private sex workers and small sex worker collectives (up to three people) can now legally work from home under “home-based business” regulations—without needing a permit in residential areas. A home-based business in Victoria is defined as a person working at their principal place of residence.
Liquor controls introduced for sex work businesses – Sex industry-specific liquor regulations will be established.
Public Health and Wellbeing Act changes – Sex work-specific controls under this Act will be removed. Additionally, sex services premises may operate without a permit in ‘Commercial 1 Zones’ (C1Z) across metro Melbourne.
What About Hotels, Boarding Houses, and Short-Stay Accommodation?
Home-based business regulations do not apply to hotels, boarding houses, or short-stay accommodations (such as Airbnbs). Whether sex work is permitted in these locations depends on the venue’s terms and conditions. While some venues may prohibit guests from conducting any type of business, they cannot discriminate specifically against sex work or sex workers.
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