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Is Prostitution Legal in Canberra & the ACT?

Is Prostitution Legal in Canberra & the ACT?

Canberra, Australia’s capital city, is home to roughly 400,000 people. The city derives its name from the Ngunnawal people, meaning ‘meeting place’, and sits at the northern end of the Australian Capital Territory (ACT).

Home to Parliament House, Government House, and a host of other government buildings, Canberra is the political heart of Australia, with over 10% of the Canberra population serving as public sector workers. The city is also home to landscapes like Lake Burley Griffin, Mount Ainslie, and cultural events like Floriade. 

However, in the Australian Capital Territory, and in Canberra, where high courts and politicians abound, is it legal to see a prostitute? 

One would think certainly not, given the seriousness which surrounds both the city and the state more broadly. But let’s find out for sure.

 

A Brief History of Prostitution Laws in Canberra ACT

While most other Australian states were founded in the mid-1800s, and adopted English common law from their inception, Canberra and the Australian Capital Territory were founded in 1911, and shortly after adopted the Police Offences Act 1930

The Act saw that “any person who keeps or manages or acts or assists in the management of a brothel shall be guilty of an offence.” Those found guilty of managing a brothel could face up to twelve months imprisonment. The law also prohibited public solicitation and living off the earnings of a prostitute. 

The 1930 Act continued to govern the ACT and Canberra’s sex work laws for the proceeding half-decade, until 1991 when a report entitled Prostitution in the ACT: Interim Report was released. The report outlined the hazards which came from the illegality of prostitution in Canberra and the ACT, including:

Health risks: The Report argued that the ACT’s criminalisation of sex work would reduce a prostitute or sex worker’s access to healthcare, which may in turn spread sexually transmitted infections (STIs)

Unsafe work practices: Violence and intimidation are very prevalent in the sex industry, however, the report argued that prostitutes would be less likely to report unsafe instances out of fear of being penalised themselves for their line of work. 

Exploitation of workers: Because Canberra and the ACT’s sex industry wasn’t regulated, this meant that workers weren’t given the basic rights that other Australian workers enjoyed, such as overtime pay, superannuation, holiday pay and sick leave. 

Failure of existing laws: The report also argued that although criminalisation came with many negative impacts upon sex workers, it actually did little to reduce the prevalence of prostitution in the ACT or of the sex industry in general.

With those considerations in mind, and with New South Wales and Victoria having already decriminalised and legalised prostitution respectively already, the Report recommended that the ACT follow suit and decriminalise sex work too.  

So, is Prostitution Legal in Canberra ACT?

Prostitution is officially decriminalised in Canberra and the ACT, following the introduction of the Prostitution Act 1992

The Prostitution Act was introduced following the recommendations of the Prostitution in the ACT: Interim Report, and meant that owning a brothel, having an escort agency or being a sex worker were now legal; provided that they registered with the Office of Regulatory Services. 

This means that regardless of where you are in the ACT; whether you’re in Canberra, or suburbs like Campbell, Braddon, Mitchell, Reid or even Fyshwick, you can enjoy the full suite of sexual services in the Australian Capital Territory.

It also means that whether you’re into Brothels, escorts, male escorts, BDSM escorts or any other form of sexual service in the ACT, you can now enjoy them without fear of reprisal. 

This puts the ACT and Canberra alongside other progressive parts of the world, including countries like New Zealand and Belgium, and other Australian jurisdictions like New South Wales and Queensland who have decriminalised or legalised sex work.

Thanks to decriminalisation, the Australian Capital Territory’s sex workers can enjoy the same rights as other workers across the country, including overtime pay, superannuation and healthcare.

So, if you’re a Canberra local or looking to visit our political epicentre soon, you can add a little spice to your stay and not worry about police intervention. 

Alternatively, if you want to head elsewhere in Australia and you’re still keen on seeing a sex worker, New South Wales was the world’s first jurisdiction to decriminalise sex work–so feel free to read our guide on hiring a Sydney escort

Likewise, if you’re headed to the cultural capital–Melbourne–and want to take a break from the vintage stores, graffiti’d lanes and coffee shops, you can read our Top 9 Melbourne Brothels article.

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