Is Prostitution Legal in NSW?

Is Prostitution Legal in NSW?

New South Wales (NSW) is Australia’s most populous state, home to over 8 million people, and landmarks like the Sydney Harbour Bridge, the Opera House, and the Three Sisters. NSW also has the largest economy of any Australian state, valued at over $700 billion annually and accounting for a third of the nation’s GDP. 

Home to coastal cities, famed beaches like Manly and Bondi, and serving as the birthplace of icons like Hugh Jackman, Miranda Kerr and ACDC, it’s no wonder that many falsely think Sydney–NSW’s capital city–is Australia’s capital.

Needless to say, there’s plenty to do and see in NSW, but if you’re reading this article, there’s one thing in particular you might be wondering if people can partake in; prostitution.

So, is prostitution legal in NSW? Are NSW visitors and residents able to see sex workers and escorts, or visit brothels and erotic massage parlours? Let’s find out.

The Legal History of Prostitution in NSW

Prostitution, and indeed all forms of sex work have had a long and tumultuous past. Commonly referred to as the ‘world’s oldest profession’, scholars have found evidence of prostitution, the exchange for sexual services for money, in as early as 2400 BCE in Mesopotamia.

Despite this long history, prostitution remains illegal in most parts of the world, with severe penalties that include fines, imprisonment, and in some cases, even death.

NSW’s own history with prostitution is a very unique one, however. 

In 1835, NSW introduced the Vagrancy Act, which sought to penalise ‘disorderly persons, vagabonds and incorrigible rogues’ which included addicts, the unemployed, and sex workers. Vagrancy laws were very common among colonial settlements utilising English common law, as Australia was at the time, and those laws were regularly used as a means to imprison prostitutes and other sex workers.

 Similar acts were introduced throughout the nineteenth and twentieth centuries penalising ‘undesirables’, including the Police Offences Amendment Act 1908, which prohibited living on the earnings of a prostitute, while the Vagrancy Act was bolstered in 1902 and again in 1968, making 'loiter[ing] for the purpose of prostitution' an offense. 

However, in the 1970s, public scrutiny surrounding the penalties for prostitution in NSW became mainstream, and efforts began to ramp up in favour of decriminalisation or legalisation of sex work in the state. These efforts, spearheaded by libertarians and the broader feminist movement in Australia, resulted in the introduction of the historic Prostitution Act 1979. The Prostitution Act 1979 effectively legalised prostitution in NSW, both from the supply and demand side, making it the first jurisdiction on the planet to do so.

So when someone asks you whether prostitution is legal in NSW, you can tell them, yes, it is. 

However, while NSW’s liberal sex laws are largely seen as a positive thing, given that they allow sex workers to access the same rights and support as other workers in the New South Wales economy, much of the world continues to penalise sex workers and surrounding elements to sex work such as solicitation and operating a brothel. 

Even in the 45 years since NSW legalised prostitution, the number of places which have partially or fully legalised prostitution are still heavily outnumbered by those that haven't–even in other parts of Australia, like South Australia and Western Australia.

Conclusion

Not only is prostitution legal in New South Wales, but NSW was the first jurisdiction in the world to make sex work legal. This means that you can enjoy NSW brothels, escorts, an erotic massage parlour, or the more specialised services like BDSM escorts, male escorts or transsexuals, without fear of reprisal in this state.

And, as the legislation was enacted on a state level, you can enjoy these services regardless of where you are in NSW, including Sydney, Newcastle, Chatswood, Wollongong or any other part of New South Wales. 

NSW’s progressive attitude toward sex work has drawn admiration from those within the industry and has set the standard for a forward-thinking approach to laws surrounding prostitution for nations across the globe. 

So, if you’re a NSW local, or you have plans to visit in the near future and you’re interested in sprucing up your stay, we encourage you to check out our guide on hiring a Sydney escort. Or, if you’d prefer to visit a venue, you can read our articles on the top 10 Sydney brothels and top erotic massage parlours in Sydney for a bit of extra excitement and release in this great state.

Alternatively, if you’re headed throughout Australia, you can always explore our range of Melbourne escorts or our array of Brisbane escorts. 

And if you want to head to Australia’s political epicentre (and in many ways, the epicentre of Australian sex work) check out our escorts in Canberra.

Of course, when heading to other parts of Australia, or indeed the world, ensure that you brush up on the relevant laws in that area, as not everywhere is as liberal and open-minded as New South Wales.