Western Australia is one of the most diverse places on earth, with rugged natural landscapes like the Great Sandy Desert, and crystal clear waters like Ningaloo Reef. The state is replete with minerals and resources, like iron ore, gas and gold, and is also home to significant First Nations cultural sites and landmarks.
Not only that, but Western Australia’s capital, Perth, is one of the most isolated capital cities on the planet. There are few places on earth more unique than Western Australia and all it has to offer to residents and visitors alike.
However, this article isn’t about travel tips or landmarks, it’s to answer one very important question: Is prostitution legal in Western Australia?
Prostitution has long been a topic of contention, debate and stigma. The world’s oldest profession, as it is often called, has often been at odds with the law and legal system in any city, state or country where it is practiced, since the beginning of time. Despite its uniqueness, when it comes to prostitution, Western Australia is no exception.
In this article, we’ll dive into the legality of prostitution and sex work in WA and help you to navigate the murky legal waters that exist around the sex industry in Western Australia.
Following the settlement of Western Australia in 1829, all statutes under English common law automatically became laws in WA (and the other Australian states), making operating a ‘bawdy house’ or brothel illegal. These English laws would be built upon in 1892 with the introduction of the Police Act and Criminal Law Amendment Act, which penalised vagrancy and soliciting and procuring sexual services. To find out more in detail on the legality of prostitution & adult-related services in WA, you can read the blog here.
Additional laws would go on to be introduced throughout the twentieth century, further strengthening the restrictions placed upon sex workers through laws such as the Police Act Amendment Act 1902 and Criminal Code 1902.
These laws would largely govern WA’s approach to dealing with the sex industry until the introduction of the Prostitution Act 2000, which now remains the key piece of legislation governing the Western Australian sex industry.
As Scarlet Alliance points out, the Prostitution Act doesn’t make prostitution itself illegal in WA, however, it penalises many of the activities surrounding prostitution, including:
Public solicitation: seeking clients in public, often known as ‘streetwalking’ or street-based sex work, is prohibited.
Operating a brothel: Little has changed in WA with regard to laws surrounding a brothel since the state’s settlement; operating a brothel remains illegal.
Living off the earnings of prostitution: It is an offence to live off of the earnings of another person’s prostitution, also known as pimping.
Advertising: Australia is renowned for stringent advertising laws, surrounding alcohol, gambling, and of course, sex work. Advertising prostitution in Western Australia is illegal.
Despite studies showing the harms that criminalisation brings to Western Australian sex workers, there is little movement in WA’s prostitution laws. Efforts to decriminalise sex work–as has been done in NSW, QLD, VIC and other parts of Australia–continue to fall on deaf ears, although discussions of legalisation or decriminalisation are becoming more frequent and gaining more media attention.
One of the more recent efforts to legalise prostitution in Western Australia was in 2022 when major sex industry advocate Julie Bates lobbied the McGowan Government in the hopes of a law change. Although unsuccessful, Bates’ lobbying efforts drew widespread media attention, and helped to amplify the conversation, placing it in the mainstream.
Arguments in favour of Decriminalising sex work in WA
Safety: When any industry’s workers are forced to operate in the shadows of illegality, they are less likely to seek police intervention when they need it. If there is violence or intimidation from customers or employers, sex workers may simply endure it as they feel they have no other recourse. By legalising prostitution and its surrounding factors in WA, workers will feel more empowered to speak with law enforcement without repercussions when they face issues, and in turn, the individuals negatively impacting sex workers’ may be discouraged from doing so.
Health: By legalising sex work in Western Australia, sex workers will be empowered to undergo more regular health checks, and may even gain access to additional health services as part of their job–this is particularly necessary in the instances of preventing the spread of sexually transmitted infections (STIs).
Workers Rights: Many of the rights afforded to Australian workers, including minimum wage, superannuation, overtime laws, unfair dismissals and the variety of other laws and regulations established to protect workers, are not provided to sex workers. By legalising or decriminalising prostitution in WA, workers will gain access to a slew of new rights which will markedly improve their quality of life.
As long as prostitution remains illegal in Western Australia, sex workers will be at risk of unfair working conditions, workplace violence, and social stigma which may prevent them from seeking help or support from negative situations which may arise.
This means that every type of sex work is illegal too; from brothels and escorts, to male escorts and transsexuals. And, unfortunately, WA’s legislation surrounding sex work is statewide, meaning that these laws will apply regardless of whether you’re in Belmont, Fremantle, Leederville, Maylands or of course, Perth.
While calls to decriminalise prostitution in WA are becoming louder and more frequent, there is still much work to be done before sex workers are treated like any other worker in the Australian economy.
However, if you’re a sex worker or patron of the industry, and you’re looking to head somewhere with less restrictive laws, you can always explore our range of Melbourne escorts or Sydney escorts.
Or if you’d prefer to spend your time on the Gold Coast, we have an array of Brisbane escorts too. 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.
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