Operating A Licensed Sex Work Business

Operating a licensed
sex work business

Guide for licensees and
approved managers
September 2011
Operating a licensed sex work business
approved managers
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Contents
Introduction .......................................................................................................................................... 2
Why this guide is important .................................................................................................................. 3
Compliance ........................................................................................................................................... 4
Health ................................................................................................................................................. 12
Occupational health and safety ........................................................................................................... 17
Appendices ...........................................................................................................................................25
Disclaimer
Because this publication avoids the use of legal language, information about the law may have been expressed
in general statements. This guide should not be relied upon as a substitute for the relevant legislation or
professional legal advice.
Copyright State of Victoria 2011
No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.
For advice on how to reproduce any material from this publication contact Consumer Affairs Victoria.
Published by Consumer Affairs Victoria
Department of Justice
121 Exhibition Street Melbourne Victoria 3000
Authorised by the Victorian Government
121 Exhibition Street Melbourne Victoria 3000
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Introduction
Regulating licensed brothels and escort agencies
and taking legal action against unlicensed brothels
are priorities for the Victorian Government.
Consumer Affairs Victoria regulates the legal sex
industry through the Sex Work Act 1994 and the
Sex Work Regulations 2006.
Harm minimisation is a key goal of the Sex Work
Act 1994, which aims to:
protect children from sexual exploitation
and coercion
reduce the impact of sex work-related
activities on the community
ensure criminals are not involved in the
sex work industry
ensure brothels are not located in residential
areas, or in areas frequented by children
ensure no one has multiple interests
in brothel licenses or permits
protect sex workers and clients from
health risks
protect sex workers from violence
and exploitation
ensure brothels are accessible to inspectors,
police, health workers and other social
service providers
promote the welfare and occupational
health and safety of sex workers.
Consumer Affairs Victoria regulates the sex work
industry by inspecting licensed brothels and
escort agencies.
We also work with other agencies, including
the Business Licensing Authority, Victoria Police,
the Department of Health and local councils to
regulate the industry.
This guide is written for licensees and approved
managers. It explains the key laws and obligations
they must comply with and aims to improve their
knowledge of the industry. Sex workers will also
nd this guide useful to improve their knowledge
of the obligations to them that licensees and
managers have.
Consumer Affairs Victoria welcomes feedback
about the guide. Please email any comments to
sexwork@justice.vic.gov.au.
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This guide is designed for licensees and approved
managers of brothels and escort agencies but is
also relevant to employees.
It is designed to help you:
comply with your legal
obligations
understand how the sex work
industry is regulated
conduct and manage your business
legally
create and maintain a safe and healthy
environment for you, your staff and
your customers.
This guide provides an overview of the important
laws you need to be aware of when you are
licensed to run or are approved to manage a
brothel or escort agency.
It contains links to important resources from
state and federal government agencies. You
should follow these links and contact the
agencies to obtain further information to
ensure your business complies with the law.
This guide is not a substitute for legal advice,
but it will help you to identify the
legal issues relevant to your business.
Why this guide is important
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Compliance
Running a brothel or escort agency requires you to comply with the
Sex Work Act 1994 and Sex Work Regulations 2006. But you must also
comply with many other laws, including those covering public health,
occupational health and safety, and equal opportunity.
This chapter will help you understand the laws and how to comply,
what inspectors may check on, and where to get information.
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Consumer Affairs
Victoria regulation
Your brothel or escort agency will be regularly
visited by Consumer Affairs Victoria inspectors
to ensure it is safe and operating in accordance
with the law.
Consumer Affairs Victoria inspectors can enter
your premises to inspect your brothel to ensure
that you are complying with the Sex Work Act
1994. They can enter without consent or a
warrant at any time during operating hours.
Inspectors must identify themselves by showing
their identity card before entering.
Inspectors will check areas, including brothel
receptions and foyers and sex work rooms.
Brothel receptions
and foyers
Display of licence and business
name certicate
Inspectors will check your brothels reception
area or foyer for your licence and business name
certicate. Your current licence must be displayed
near the entrance so it is visible to clients.
If you operate a brothel without a licence, in
breach of a licence condition or while your licence
is suspended you could face a ne of up to 600
penalty units, ve years jail, or both. The value of
a penalty unit is $122.14 for 2011-12.
Name of approved manager on duty
Inspectors can demand to be shown the licensee
or approved managers current licence, certicate
of approval or photo identity card. By law you
must comply with such a request.
Safe sex signage
Safe sex signage, including the prescribed
requirements, must be visible to clients in the
reception area/waiting room/foyer and every
room used for sex work.
Sexual slavery signage
Sexual slavery is a serious crime. You can face
a jail term and signicant penalties if found guilty
of sexual slavery.
Sexual slavery (also called sexual servitude) means
causing a person to provide commercial sexual
services using:
force
threats (including threat of deportation)
unlawful detention
fraud or misrepresentation, including by
omission or
excessive debt.
You must display prescribed sexual slavery signage
in your premises. These signs are available from
Consumer Affairs Victoria.
The sign must be displayed in:
a conspicuous place in the reception area of
the brothel, and
each room of the brothel where sex work
takes place.
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The sign has been translated into Chinese (both
traditional and simplied), Korean, Russian and
Thai. These translations must be displayed:
in the reception areas of the brothel, and
at main exits of the brothel.
These signs must be clearly visible and legible.
Failure to display the sign is an offence under
s60A of the Sex Work Act 1994 and may lead
to a penalty of 10 penalty units. The value of
a penalty unit is $122.14 for 2011-12.
Download a copy of the sexual slavery sign
from Consumer Affairs Victorias Sex work
advertising, licences and signage web page.
Advertising material kept on premises
Inspectors may request to see or collect
documents including advertising material such
as brochures or business cards.
All advertising material must have the letters SWA
followed by the licence number. Licensed sex
work service providers and registered small
owner operators (exempts) can continue to use
the prex PCA or SWA in all advertisements
until 31 October 2011, after which the prex
SWA must be used in advertisements. These
letters must be clearly legible and printed in
a point type no smaller than the smallest point
type appearing in the advertisement or in
a seven-point type, whichever is larger.
Any advertisement that includes a photograph
or picture of a person must only show head and
shoulders. The licensee must have the written
consent of that person.
Advertisements must not:
describe services offered
refer to race, colour or ethnic origin
of the sex worker
refer to the health of sex workers, or any
diagnostic procedures or medical testing
undertaken by them
contain the words massage, masseur,
remedial or any other words that state or
imply that the person or business provides
massage services
contain a statement that is intended or likely
to induce a person to work as a sex worker
or in a brothel or escort agency or any other
business that provides sex work services
be larger than 13cm x 18cm
contravene the Sex Work Regulations 2006.
Alcohol and drugs
It is illegal to sell, supply or consume alcohol at
a brothel or for a sex work service provider to
permit liquor to be sold, supplied or consumed
at a brothel. Consumer Affairs Victoria inspectors
may inspect the brothel premises for evidence
of alcohol.
If a Consumer Affairs Victoria inspector discovers
illegal drugs in the course of an inspection, they
will notify Victoria Police.
Locker areas
Consumer Affairs Victoria inspectors have the
right to inspect workers locker areas.
Sex workers rooms
Alarms
The licensee and approved manager must
ensure all rooms used for sex work have
a concealed alarm button, or equivalent
communication device that must be working
and easily accessible to a sex worker
throughout the delivery of sexual services.
Inspectors may test alarms and check they can
be easily accessed by workers. The approved
manager on duty should know where the alarms
in each room are located.
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Lighting
All rooms used for sex work must have sufcient
lighting to enable sex workers to check for signs
of sexually transmissible infections. Inspectors
will check each of the sex work rooms to ensure
lighting is adequate.
Signage
Inspectors will check that each room has safe sex
and sexual slavery signage, including in languages
other than English where appropriate. Only signs
in English are required in rooms used for sex work.
Cleaning
Inspectors may ask you questions about cleaning
arrangements at your sex work business.
Unless also employed as cleaners, sex workers
are only required to clean any bath, shower or
spa at the premises where those facilities have
just been used by them or a client during the
provision of sexual services. Sex workers who also
undertake cleaning duties must be provided with
proper cleaning equipment, including gloves and
appropriate footwear.
Clean linen and laundry
Sex workers can clean bathrooms, make beds
and place clean towels in the work rooms they
perform work in as part of their general duties,
but they are not required to do laundry duties.
Licensees or managers are responsible for making
laundry arrangements.
Communication with workers
If your business is an escort agency (or includes
one) the approved manager must:
keep regular contact with the sex worker
to conrm their arrival and departure for
each visit
ensure that sex workers have a mobile phone
to contact the escort agencys ofce
help the sex worker as soon as possible if they
report a potentially violent or unsafe situation.
Children and proof of age
Children over 18 months and under 18 years of
age must not be on brothel premises.
It is an offence to allow a child to engage in sex
work, either as the sex worker or the client.
Refusal of service
Inspectors may ask if you know your obligations
to sex workers who wish to refuse service. The
Sex Work Act 1994 allows sex workers to refuse
service if:
they believe they are in an unsafe or
potentially violent situation
they suspect the client of having a sexually
transmissible infection
the client refuses to engage in safe sex
practices (wear a condom or consent to the
sex worker wearing a condom).
You must not dispute the sex workers decision
or punish them for refusing service or allow
anyone else to dispute their decision or
punish them.
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Anyone who wants to run a brothel or escort
agency in Victoria needs to be licensed by the
Business Licensing Authority (BLA) unless they
have sought exemption from the Sex Work
Act 1994 by operating as a sole operator or
operating with one other person.
Anyone with a relevant nancial interest in
a brothel or escort agency may also require
a licence.
Multiple interests
prohibition
A licensee can only operate or have an interest in
one brothel at any one time. You face a substantial
ne or jail term if you breach this prohibition.
Licensee in effective control
A licensee or approved manager must, at all
times, be on the premises supervising the brothel
when open for business.
Both the licensee and relevant approved manager
face heavy nes or up to 12 months jail for
breaching this requirement. In addition, the
licensee must usually be in charge of the brothel
and be regularly in attendance for substantial
periods of time.
Licensees of brothels and escort agencies can have
a business partner, but that person must have a
valid sex work providers licence issued by the BLA.
If your brothel is operated by more than one
licensee, at least one licensee must be nominated
as the licensee in effective control and the BLA
must be given written notication of this.
* The BLA will place a condition on a brothel licence which only permits
the licensee to operate from the premises nominated. If you want to
operate a brothel or escort agency from different premises, you must ask
the BLA to vary the condition on your licence to include a new address.
If a licensee in effective control is going to be
absent from the business for between seven
and 30 days, they must notify the BLA and
nominate a brothel manager or another licensee
to be in effective control during this period.
For absences of more than 30 days, licensees
in effective control must submit a written
application to the BLA to obtain approval for
another licensee or brothel manager to be in
effective control of the brothel.
Licensees who fail to comply with the effective
control requirements may face heavy nes
and possible suspension or cancellation
of their licence.
Lodging annual statement
and annual fee
You must lodge an annual statement and pay
the annual licence fee to operate a brothel or
escort agency. Depending on your sex work
business, you may need to pay room, telephone
and trading name fees. Failing to lodge this
statement will result in automatic cancellation
of your licence.
Obligations to inform
the BLA
You must notify the BLA within 10 days of any
change of:
principal place of sex work business*
business name(s) and telephone number(s)
brothel managers or your associates including
a new landlord or business partner
your personal addresses or contact details
including email addresses
Business Licensing
Authority regulation
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any change in planning permission for
your brothel premises such as the number
of rooms used for sex work
have ceased or intend to cease trading as
a sex work provider.
You must also notify the BLA in writing if you:
fail to lodge an annual statement and pay an
annual licence fee by the date required
serve a prison sentence in Victoria
or elsewhere
become insolvent under administration
become a represented person within
the meaning of the Guardianship and
Administration Act 1986
have exhausted your rights to appeal after
being convicted or found guilty of:
an offence under s42 of the
Sex Work Act 1994, namely that they
were not in effective control
an offence against the Drugs, Poisons and
Controlled Substances Act 1981
an offence set out in schedule 3 of the
Sex Work Act 1994 (which include various
offences under the Migration Act 1958
(Commonwealth) or Crimes Act 1914
(Commonwealth) or the Criminal Code 1995
(Commonwealth)
an indictable offence punishable by
imprisonment for 12 months or more or
of a comparable interstate offence
an offence under s45(1) of the
Sex Work Act 1994, namely giving
false or misleading information in
relation to an application for a licence
or annual statement.
Your licence will be automatically cancelled in
these circumstances.
If your licence is cancelled, you must return the
licence certicate to the BLA within seven days
or risk a ne.
Conditions on your
brothel licence
The BLA can impose conditions or restrictions
on your licence at any time. If you fail to
comply with a condition on your licence, the
BLA may refer the breach to the Director of
Consumer Affairs Victoria or Victoria Police for
investigation. In the case of a serious breach,
Consumer Affairs Victoria can take disciplinary
action in the Victorian Civil and Administrative
Tribunal that may result in further conditions,
a ne or suspending or cancelling your licence.
Consumer Affairs Victoria can also take court
action for a breach of any condition of
your licence.
Surrender your licence
If your licence is suspended or cancelled, you
must return the licence certicate to the BLA
within seven days or risk a signicant ne.
Photo identity cards
The BLA issues photo identity
cards to all licensees and
approved brothel managers.
As a licensee or approved
manager, you must:
carry your photo ID card at all times
while working at the brothel for which
you are licensed or approved
if you misplace your photo ID card,
contact the BLA immediately to obtain
a replacement
return your photo ID card to the BLA
within seven days if your licence is
cancelled or suspended
produce your photo ID card on demand
to the police or a Consumer Affairs
Victoria inspector.
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Regulation by other agencies
Australian Tax Ofce
The Australian Tax Ofce enforces
Commonwealth legislation in relation to taxation.
Their agents can enter your brothel, provided
they have photo identication and written
authority from the Australian Tax Ofce to
access your records.
The Australian Tax Ofce must give notice of
any visit and agents should be referred to
your accountant.
Licensees who employ staff have a range of
tax obligations they are required to meet.
For more information on your tax obligations
and what you can claim, visit:
Work-related expenses and the adult industry
Australian Taxation Ofce website
GST and the sex industry questions and
answers Australian Taxation Ofce website
Department of Immigration
and Citizenship
The Department inspects brothels to ensure
businesses comply with visa requirements. When
people from overseas wish to work in your brothel
or escort agency, you must:
ask for evidence of a valid visa
check that a visa is not fraudulent by using
the Department of Immigration and
Citizenships free Visa Entitlement Verication
Online service
comply with the conditions imposed on the
visa by the Department of Immigration and
Citizenship, including the rostering of hours.
The Department may also enter your brothel to
investigate possible sexual servitude and people
trafcking issues together with the Australian
Federal Police.
You must ensure that your brothel
operations comply with the Migration Act
1958 (Commonwealth).
For more information on visa types:
Visas, immigration and refugees
Department of Immigration and
Citizenship website
Local councils
Councils will inspect suspected illegal brothels
and can, together with police, take court action
to shut down businesses operating illegally. If
you continue to operate an illegal brothel, you
face nes of up to 120 penalty units or 12 months
jail. The value of a penalty unit is $122.14 for
2011-12.
Councils are responsible under the Planning
and Environment Act 1987 for:
considering permit applications
from prospective brothel owners
monitoring compliance with
planning requirements.
Policing
The Australian Federal Police and Victoria
Police play important roles in the regulation
of the sex industry.
Victoria Police
Police can enter any licensed brothel or escort
agency in Victoria without a search warrant if
they are of a rank deemed appropriate by the
Chief Commissioner of Police.
Australian Federal Police
The Australian Federal Police enforces
Commonwealth legislation relating to sexual
slavery and people trafcking (for sex). They
may also be accompanied by ofcials from the
Australian Tax Ofce, Department of Immigration
and Citizenship and Centrelink.
The Australian Federal Police can only enter
your premises with your consent, if they have
a warrant, or if they believe that a crime is
being committed.
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The responsibilities of the Australian Federal Police
and Victoria Police are featured in the table below.
Australian
Federal Police
Victoria
Police
Sexual slavery
Immigration
offences
Drug offences
Criminal breaches
of the Sex Work
Act 1994
Sexual slavery
Sexual assault
Drug offences
Other crimes
Sexual slavery
Sexual slavery (also called sexual servitude) means
causing a person to provide commercial sexual
services using:
force
threats
unlawful detention
fraud or misrepresentation, including by
omission or excessive debt.
Brothel owners or managers keeping people
in sexual slavery can face a maximum jail term
of 15 years.
Brothel licensees must display sexual slavery signs
in reception areas and all rooms. The prescribed
signs are available from Consumer Affairs Victorias
Sex work advertising, licences and signage page.
Consumer Affairs Victoria works closely with the
Australian Federal Police and the Department of
Immigration and Citizenship to investigate potential
human trafcking in the sex work industry.
Victoria Police monitors other potential offences,
including deceptive recruiting for sex work, which
carries a maximum sentence of ve years jail.
Sexual assault
Licensees and brothel managers must understand
that sex workers are at risk of sexual assault.
Sexual assault includes sexual activity that a
person has not consented to, and can include
sexual behaviours that make the victim feel
uncomfortable, frightened or threatened.
You must call 000 immediately if a sex worker
makes a sexual assault complaint.
Victorian Equal
Opportunity and Human
Rights Commission
The Equal Opportunity Act 2010 prohibits a
person or organisation from discriminating or
harassing another person in the workplace, or in
the provision of services. For brothel owners and
managers, this also means protecting sex workers
from discriminatory or harassing behaviour from
clients, other sex workers and management.
The Equal Opportunity Act 2010 prohibits
discrimination on grounds including:
age
gender identity
parental status
physical features
race
sexual orientation
personal association.
Discrimination and harassment can come in the
form of violence or bullying.
If a sex worker or client believes that you
have discriminated against them based on any
of these grounds, they may lodge a complaint
with the Victorian Equal Opportunity and
Human Rights Commission.
For more information, contact the Victorian
Equal Opportunity and Human Rights
Commission on 1300 292 153, or visit the
Victorian Equal Opportunity and Human
Rights Commission website.
WorkSafe Victoria
WorkSafe Victoria administers Victorias
occupational health and safety laws, and may
visit your brothel.
For more information, see the chapter
Occupational health and safety.
Health
Brothel licensees and managers are responsible for protecting the
health and safety of all employees and visitors. Risks can be reduced by
informing sex workers and clients about sexually transmissible infections,
preventative precautions, and having a clean and safe workplace.
This chapter highlights your obligations concerning sexual health,
effective cleaning and infection control of your brothel.
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Sexual health
Safe sex
Safe sex is the best way for sex workers and
clients to reduce the risk of sexually transmissible
infections. You must ensure sex workers and
clients follow safe sex practices, and provide
workers with information to help them identify
sexually transmissible infections.
More information:
Safe sex Department of Health website
Sex workers must
use condoms
As the licensee or approved manager of a
brothel or an escort agency, you must take all
reasonable steps to ensure that clients and sex
workers use condoms in any sexual encounter
involving vaginal, oral or anal penetration
regardless of how penetration is achieved.
This means it is necessary for condoms to be
tted to sex toys if they are to be used.
You must:
provide clients and sex
workers with a free and
readily accessible supply of
condoms and water-based lubricant
supply enough condoms for all sex
workers and clients
not pressure or discourage sex workers
from using condoms.
Safe storage and
disposal of condoms
You must:
to ensure that the quality
does not deteriorate, store
condoms according to the
manufacturers specications
dispose of unused condoms at their
expiry date
keep used condoms in sealed
containers
prior to their removal from the
premises.
Failure to do any of the above may result
in you, as the licensee, being ned up to
60 penalty units. The value of a penalty
unit is $122.14 for 2011-12.
Informing sex workers
and clients about sexually
transmissible infections
You must ensure that information about sexually
transmissible infections is always available in the
reception area.
This information must be:
written
medically accurate
in appropriate languages
easily accessible.
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You must display safe sex posters in the brothel
reception and in each of the sex work rooms.
Visit the Department of Health website for more
information on sexually transmissible infections.
Types of sexually
transmissible infections
Sex workers must not work in a brothel or for an
escort agency if they have any of these sexually
transmissible infections:
chlamydia
chancroid
donovanosis
genital and anal herpes (when lesions are visible)
genital and anal warts (when lesions are visible)
gonorrhoea
HIV
infectious syphilis.
Sex worker health checks
You must not permit a sex
worker to work if you know
they are infected with a sexually
transmissible infection. If you do,
you face a ne of up to 50 penalty units.
The value of a penalty unit is $122.14
for 2011-12.
Medical testing
It is against the law for a sex worker to work while
they are infected with a sexually transmissible
infection. You must not permit a sex worker to
work when you know they are infected with a
sexually transmissible infection.
Therefore it is recommended that all sex work
businesses have a procedure to monitor workers
sexual health status. An example may include an
up-to-date register with details such as:
the workers working name
the date a medical certicate was sighted and
conrmation the certicate relates to sexually
transmissible infection checks
frequency of checks
the date of the next check.
A sex workers medical documents
are condential and it is illegal to
display these records in public or to
induce a client to believe that a sex
worker is free from an infectious disease
or sexually transmissible infection.
More information:
Sexually transmissible infections treatment
is good, prevention is best Department of
Health website
Sexually transmissible infections where to go
for help Department of Health website
Refusal of service
Inspectors may ask if you know your obligations
to sex workers who wish to refuse service.
You must ensure that sex workers know they have
the right to refuse service to a client. You must not
dispute their decision or punish them for refusing
service or allow anyone else to dispute their
decision or punish them.
To assist sex workers in exercising this right,
licensees and approved managers must:
provide adequate lighting so that sex workers
can identify sexually transmissible infections
provide accurate and accessible information
on sexually transmissible infection in the
languages spoken by sex workers.
You must not require a sex
worker to provide sexual services
to a client, particularly if the sex
worker refuses on the basis that:
they suspect the client is infected with
a sexually transmissible infection
the client refuses to use a condom
they believe a situation is potentially
unsafe or violent.
Failure to respect this right can result
in penalties.
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Cleaning and
infection control
Consumer Affairs Victoria recommends that
you arrange for all brothel staff to be trained in
effective cleaning and infection control. Your
brothel must have clear guidelines on who is
responsible for cleaning up potentially infectious
waste, when it needs to be done and who can
give advice if you need help.
Routine brothel
maintenance
It is your responsibility to arrange cleaning of all
sex work rooms, showers, toilets, bathrooms,
kitchen and food preparation areas, break out
rooms, stairs, swimming pools and spas, heating
and cooling systems, gardens and entrances.
Unless also employed as a cleaner, sex workers
are only required to clean any bath, shower or
spa at the premises where those facilities have just
been used by themselves or a client during the
provision of sexual services.
Sex workers who also undertake cleaning duties
must be provided with proper cleaning equipment,
including gloves and appropriate footwear.
Clean linen and laundry
Licensees and approved managers must provide
clean linen and towels for each client. Sex workers
can clean bathrooms, make beds and place clean
towels in the work rooms they perform work in
as part of their general duties, but they are not
required to do laundry duties.
Consumer Affairs Victoria recommends that sex
workers are advised at the time of employment or
engagement that these general duties will form
part of their role. Licensees are responsible for
making laundry arrangements.
Swimming pools and spas
Spas and swimming pools
must be cleaned and disinfected
regularly to prevent illness and
infection. Spas should be
degreased after each use so that they
remain clean and hygienic.
More information:
Cryptosporidium and cryptosporidiosis
Information for swimming pool managers
Department of Health website
Faecal accident policies Department of
Health website
Pool operators handbook Department of
Health website
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Storage and disposal
of waste
You must have easy-to-follow procedures for
storing and disposing of all waste at your brothel
or escort agency.
Clinical (infectious) waste, which includes used
condoms, syringes, needles and bodily uids
such as blood, must be disposed of according
to Environment Protection Authority guidelines.
Remember that:
you should wear gloves when disposing
of condoms, needles and syringes
it is recommended that you have sharps
disposal units in your bathrooms.
These should be regularly emptied by an
Environment Protection Authority
accredited contractor
condoms and syringes should be disposed
of in special yellow waste containers or bags
labelled with the biohazard symbol.
More information:
Guidelines on clinical and related waste
Environment Protection Authority website
Bathroom facilities
The nature of a sex workers job means that
personal cleanliness for themselves and their
clients is very important.
Licensees must provide baths or
showers with a continuous and
adequate supply of hot and cold
water for clients and sex workers.
These facilities must be disinfected after
each use. When using disinfectants,
follow the manufacturers instructions.
The licensee or approved manager must
check every basin, bath and shower at the start
of each day.
Inspections by the
Department of Health
Department of Health ofcers
will inspect each sex work premises
at least once a year.
Occupational health
and safety
The following chapter provides licensees, approved managers
and people working at a brothel or escort agency with
information about their obligations under the Occupational
Health and Safety Act 2004 and the Occupational Heath and
Safety Regulations 2007.
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Health and
safety obligations
Brothel and escort
agency owners
Licensees and approved managers must provide
a safe environment for sex workers, ofce staff
and contractors as well as members of the public
such as clients and visitors.
Did you know?
Occupational health and safety
is an issue at every workplace,
regardless of the working arrangements.
Occupational health and safety laws
must be adhered to whether you have
employees, independent contractors,
freelance or casual staff.
Sex workers and staff
Workers must take reasonable
care for their own health and
safety, and that of others and
cooperate with you in any action
you take to make the workplace safe.
They must not act in a way that negatively
affects the health, safety and welfare of
other people working in or for the brothel
or escort agency.
This includes:
following workplace policies and
procedures for health and safety, such as
safe work practices
attending health and safety training
using any personal protective equipment
(such as condoms).
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Workplace hazards
Individuals can contribute to their own safety
by reporting to the licensee or approved manager
any hazardous manual handling tasks and by not
taking any short cuts that could increase manual
handling risks. Hazardous manual handling
includes handling, supporting or restraining
objects or people.
The type of hazards most common to
brothels are:
slips, trips and falls
violence and harassment/bullying
fatigue.
You are responsible for
identifying any potential
hazards to the health and
safety of your employees in
the workplace.
Slips, trips and falls
These commonly occur in workplaces and can
have very serious consequences for health and
safety. They can result in sprains and strains, as
well as cuts, bruises, fractures and dislocations.
Many slips, trips and falls can easily be prevented.
Most solutions, such as good housekeeping,
clean surfaces, hand rails for stairs and non-slip
mats, cost very little to put in place. You have a
responsibility to ensure your premises are as safe
as possible for your workers. Watch out for:
peeling, cracks or raised ooring
rubbish obstructing work areas
wet surfaces
inadequate lighting.
More information:
Controlling OHS hazards and risks
WorkSafe Victoria website
Slips, trips and falls
Workplace violence
and bullying
What is workplace violence?
Any incident where a worker is physically attacked
or threatened in the workplace such as:
threats to harm
throwing of objects
pushing, shoving, punching, kicking
unwanted and indecent physical contact
racial abuse
unwelcome sexual comments.
Did you know?
You must:
ensure a functioning and
respectful work environment
prevent workplace violence
and bullying.
19
approved managers
20
What is workplace bullying?
Bullying is repeated, unreasonable behaviour
directed toward an employee, or group of
employees, that creates a risk to health and
safety. It can be:
favouritism
practical jokes
swearing
insults
excessive supervision
constant criticism
rumours
being overloaded with work or not given
enough work to do
not getting the information you need to do
your job
your personal effects or work equipment
being damaged
being threatened with losing your job.
You, as a licensee, are responsible
for addressing any bullying at
your brothel or escort agency.
If a sex worker or staff member
feels victimised, they can contact
WorkSafe Victoria.
More information:
Workplace violence and bullying
Occupational violence
Fatigue
Fatigue is an ongoing state of tiredness that
leads to mental or physical exhaustion. It prevents
people from functioning within normal boundaries.
Some of the work related causes of fatigue are:
roster patterns poor work scheduling
and planning
length and timing of shifts (for example
night shift)
insufcient recovery time between shifts
mentally or physically demanding work
inadequate rest breaks.
Licensees and approved managers are responsible
for providing a shift system that allows all workers
sufcient rest and recovery between shifts.
More information:
WorkSafe handbook: Fatigue
Prevention in the workplace
approved managers
WorkSafe Victoria is a trading name of the
Victorian WorkCover Authority and the regulatory
body responsible for health and safety, dangerous
goods and workers compensation laws in Victoria.
Call WorkSafe Victoria for:
advice on how to comply
with occupational health
and safety laws
reporting a serious incident at
the workplace
advice on workplace injury insurance
and how the insurance regime works
advice on how to help injured workers
return to work.
Workplace inspectors
Did you know?
A WorkSafe Victoria inspector
has the right to enter your
brothel or escort agency during
working hours to inspect, examine and
make enquiries. They may also enter any
workplace at any time if they reasonably
believe that there is an immediate risk to
the health and safety of a person from the
work being carried out.
Once at your brothel, they may:
assess your compliance with occupational
health and safety legislation
enforce your compliance with occupational
health and safety legislation
determine certain unresolved or disputed
occupational health and safety matters
advise and guide you and your staff/workers
on how to comply with their obligations
promote and discuss systematic management
of occupational health and safety issues
promote and discuss representative
arrangements.
WorkSafe Victoria inspectors do not inquire into
health matters relating specically to brothels
these are regulated by the Department of Health.
For information on these specic matters, see the
Health section of this guide.
More information:
About WorkSafe Victoria WorkSafe
Victoria website
Overview of how inspectors deal with specic
issues WorkSafe Victoria website
Consultation
Did you know?
You are responsible for discussing
health and safety matters with
everyone working at your business,
not just sex workers.
You must consult with the people working at
your business likely to be directly affected when
you are:
identifying or assessing hazards or risks to
health and safety
making decisions about what can be done
to control these hazards and risks
making decisions about the adequacy of
facilities for workers
making decisions about health and safety
procedures and training
proposing changes that could affect the
health and safety of everyone working at
the business, for example renovations.
21
WorkSafe Victoria
and its role
approved managers
22
Incident notication
WorkSafe Victoria must be notied about any
serious incidents and dangerous occurrences in
the workplace.
Notiable incidents include head and eye injuries,
electric shock and serious cuts.
If a notiable incident or dangerous occurrence
happens in your brothel or escort agency, the
licensee or approved manager must:
notify WorkSafe Victoria immediately
on becoming aware of the incident
or occurrence
keep a copy of the record for at least
ve years and make the copy available for
inspection by an inspector and people
involved in the incident
ensure the incident scene is not disturbed
until a WorkSafe Victoria inspector arrives.
Sites can only be disturbed to protect a
persons health or safety, help someone who
is injured or to make the site safe
complete and send an incident notication
form to WorkSafe Victoria within the
following 48 hours.
To contact WorkSafe Victoria Incident
Notication Unit call 132 360 or email
incidentnotication@worksafe.vic.gov.au
More information:
Incident notication
Your legal duties WorkSafe Victoria website
Issue resolution
If a health and safety issue arises, the licensee
or licensees representative, and worker(s) must
attempt to resolve the issue together.
Licensees are always ultimately
responsible for health and safety
at their brothel. You cannot
delegate this responsibility to
your approved manager.
You can choose to resolve workplace issues
yourself, or you can nominate an appropriate
person to represent you, such as your approved
manager. If resolution cannot be reached in a
reasonable time, any of the parties involved
can ask a WorkSafe Victoria inspector to attend.
If you do not have an agreed procedure on
how to resolve such issues, you must use the
procedure in the Occupational Health and
Safety Regulations.
More information:
Consultation on health and safety: A
handbook for workplaces
Employer representative competencies
Penalties
Penalties for breaches of the Occupational
Health and Safety Act 2004 have been substantially
increased. The maximum penalties (as at July
2010) are $1,045,050 for companies and
$215,010 for individuals.
approved managers
23
WorkSafe injury
insurance
Employers who in any nancial year employ
workers and pay more than $7500 in
remuneration must obtain and keep in force a
WorkSafe Insurance Policy. You should be aware
that workers are not just those people whom you
employ directly but may also include contractors
who work at your workplace.
This policy provides employers with insurance
coverage for workers who suffer injury or
illness arising out of or in the course of their
employment and are entitled to compensation
in accordance with the Accident Compensation
Act 1985, including weekly payments for
replacement of lost income, medical and
rehabilitation treatment costs and impairment
benets. If a worker suffers a serious injury they
may also have an entitlement to damages for pain
and suffering or economic loss.
As the licensee you must have
WorkSafe Victoria injury
insurance for people employed
at your premises. This may also
include contractors. You are advised to
contact WorkSafe Victoria to discuss your
particular situation with them.
Workers compensation
claims
If you receive a claim for workers compensation,
you should contact your WorkSafe Victoria
agent. WorkSafe agents are authorised by
WorkSafe Victoria to manage Victorian workers
compensation claims. You can also contact
WorkSafe Victoria for information and advice on
(03) 9641 1444 or go to their website.
More information:
WorkSafe injury insurance
approved managers
24
It is important that you know what to do if a
worker is injured at work and of your obligations
if a worker makes a claim for compensation.
You must display an If you are injured poster
in your workplace where all workers can read
it, otherwise you could be ned.
To obtain these posters go to the
WorkSafe Victoria website, If you are
injured at work poster.
You must keep a register of injuries and record all
work-related injuries and illnesses at a place which
is readily accessible at all reasonable times to your
workers or any person acting on a workers behalf.
If there has been a workplace
incident that caused or could
have caused serious injury or
death, you must:
ensure that the worker receives
medical treatment
notify WorkSafe Victoria immediately
on 132 360
complete a WorkSafe Victoria Incident
Notication Form and fax to your
nearest WorkSafe ofce within 48 hours
ensure the injury is recorded in the
register of injuries. You should give the
worker a copy of the entry.
Emergency contacts
You must call 000 if there is an emergency.
More information:
What to do if a worker is injured
What to do if a worker
is injured

Appendix
Appendix 1: Directory
Appendix 2: Legislation

approved managers
26
Appendix 1: Directory
Advocacy and support
services for sex workers
Inner South Community
Health Service
Resourcing Health and Education
in the Sex Industry (RhED) Program
10 Inkerman Street
St Kilda VIC 3182
(03) 9534 8166 or 1800 458 752
sexworker.org.au
sexworker@sexworker.org.au
Project Respect
PO Box 1323
Collingwood VIC 3066
(03) 9416 3401
projectrespect.org.au
Scarlet Alliance
scarletalliance.org.au
Vixen
vixencollective@yahoogroups.com.au
Health Services
Melbourne Sexual Health Clinic
580 Swanston Street
Melbourne VIC 3000
(03) 9341 6200 or 1800 032 017
HIV Clinic (03) 9341 6214 for
HIV infected people only
mshc.org.au
Multicultural Centre for
Womens Health
Suite 207, Level 2
Carringbush Building
134 Cambridge Street
Collingwood VIC 3066
(03) 9418 0999
mcwh.com.au
reception@mcwh.com.au
Multicultural Health
and Support Service
81-85 Barry Street
Carlton VIC 3053
(03) 9342 9721
Nurse-on-Call
This service provides immediate, expert
health advice from a registered nurse,
24 hours a day, 7 days a week.
1300 60 6024
Nurse-on-call (Department of Health)
Victorian AIDS Council
Peter Knight Centre
6 Claremont Street
South Yarra VIC 3141
(03) 9865 6700 or 1800 134 840
vicaids.asn.au
enquiries@vicaids.asn.au
approved managers
27
Legal Services
Law Institute of Victoria
Referral Service
(03) 9670 9550
liv.asn.au
St Kilda Legal Service Co-op Ltd
161 Chapel Street
St Kilda VIC 3182
(03) 9534 0777
St Kilda Legal Service Co-op guide:
Legal issues for professionals in the sex industry
Government agencies
and associated bodies
Australian Federal Police
afp.gov.au
Australian Tax Ofce
13 28 61
ato.gov.au
Business Licensing Authority
1300 135 452
bla.vic.gov.au
Department of Health
health.vic.gov.au
Department of Immigration
and Citizenship
immi.gov.au
Environment Protection
Authority Victoria
GPO Box 4395
Melbourne VIC 3001
(03) 9695 2722
epa.vic.gov.au
Municipal Association of Victoria
Level 12, 60 Collins Street
Melbourne VIC 3000
(03) 9667 5555
mav.asn.au
inquiries@mav.asn.au
WorkSafe Victoria
(03) 9641 1444 or 1800 136 089
worksafe.vic.gov.au
Victorian Equal Opportunity
and Human Rights Commission
Level 3, 380 Lonsdale Street
Melbourne VIC 3000
1300 891 848
humanrightscommission.vic.gov.au
information@veohrc.vic.gov.au
Victoria Police
000
police.vic.gov.au
Sexual Crimes Squad
Sexual Offences and Child Abuse Units
approved managers
28
Appendix 2: Legislation
Industry specic legislation
In Victoria, most matters relating to sex work are
regulated under the Sex Work Act 1994.
The Act provides for joint enforcement by
Consumer Affairs Victoria, Victoria Police, and
local councils. Generally, the criminal aspects
of the Act are enforced by Victoria Police, the
licensing aspects are enforced by Consumer
Affairs Victoria and the planning aspects are
enforced by local councils.
Under the Act, the functions of the Director (or
delegate) of Consumer Affairs Victoria include:
to refer sex work-related complaints to the
police force for investigation, including
complaints from sex workers
to liaise with the Business Licensing Authority
and Victoria Police to assist the Business
Licensing Authority in carrying out its
functions under the Act, and assist Victoria
Police in carrying out its functions in relation
to sex work
to refer relevant matters for investigation to
WorkSafe Victoria, the Australian Taxation
Ofce, the Department of Immigration and
Citizenship or any other body.
The Public Health and Wellbeing Act 2008 also
contains important regulations relating to sex
work, including:
providing medically accurate information
about sexually transmissible infections for
clients and sex workers
requiring sex workers to undergo regular tests
to check for sexually transmissible infections
supplying condoms and water based lubricants
providing clean linen and towels.
D
O
T
6
1
1
5
/
1
1
Services from Consumer Affairs Victoria are available
in Ballarat, Bendigo, Berwick, Box Hill, Broadmeadows,
Geelong, Mildura, Morwell, Wangaratta and Warrnambool.
Our mobile service regularly visits rural communities.
September 2011
MEB-084-11
TIS Telephone Interpreting Service 131 450
TTY Textphone or modem users only, ring the
NRS on 133 677, then quote 1300 55 81 81
Callers who use Speech to Speech Relay dial
1300 555 727, then quote 1300 55 81 81
consumer.vic.gov.au
1300 55 81 81

consumer@justice.vic.gov.au
Victorian Consumer & Business Centre
113 Exhibition Street
Melbourne 3000

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