It is not an offence for a private sex worker to work from a premise provided that private workers are operating alone. Although private workers are prevented by law from sharing work premises, there are no restrictions as to the location from which they can work. As far as the law is concerned, it is not an offence for private workers to use two separate apartments in the same complex, adjacent townhouses or two separate hotel rooms. If you have any concerns about your registration details that you provided before the law change, or want to talk in more detail about the changes or other details of laws affecting sex workers in the ACT, please contact our member organisation SWOP ACT.
In the ACT, street sex work is criminalised, and workers may be arrested for soliciting or loitering for extended periods for the purpose of prostitution. Section 19 of the Sex Work Act ACT states "A person must not, for the purpose of offering or procuring commercial sexual services, accost any person, or solicit or loiter, in a public place.
All sex workers and clients are mandated to use prophylactics when receiving or providing vaginal, anal and oral penetrative sex. Failure to use a prophylactic, such as condom or a dental dam, can result in charge of non-compliance with a penalty of 50 units Sex Work Act ACT , Section 27 It is also an offence for brothel and escort operators to discourage the use of prophylactics.
Brothel and escort operators must take all reasonable steps to ensure that no person provides or receives vaginal, anal and oral penetrative sex at their brothel or escort agency without using prophylactic Sex Work Act ACT , Section It is also an offence for a client to misuse, damage or interfere with the efficacy of any prophylactic used or continue to use a prophylactic that he or she knows, or could reasonably be expected to know, is damaged Sex Work Act ACT , Section 27 4.
This includes interfering with or trying to remove the prophylactic during sexual intercourse. Brothel and escort operators are also required to take reasonable steps to ensure workers use the personal protective equipment to minimise risk to sex workers health or safety. Calling ahead is recommended to ensure a SWOP worker is available.
