Australia, the “Land Down Under”, is home to over 26 million people, and is known for its iconic landscapes, architecture and animals, including the Great Barrier Reef, the Sydney Opera House and kangaroos.
Australia is both one of the world’s largest islands and smallest continents, and over 90 per cent of its residents live on the coasts of the country, as the centre is largely arid desert. Australia is comprised of eight states and territories, each with its own laws and regulations.
Australia’s diverse patchwork of legislation is complex to navigate, which can become an issue if you’re dealing with legally murky industries, such as the sex work industry.
Despite being one of the world’s oldest professions, prostitution has often been subject to penalties on both the supply and demand side in most countries in the world; Australia is no exception.
But is that still the case?
In this article, we’ll explore the varying legalities of prostitution in Australia’s states and territories.
Australia started out as a penal colony in the 1700-1800s, and as such, many of the nation's laws were inherited from English common law.
For prostitution, this meant that most Australian states and territories penalised prostitution through various means–whether by targeting prostitutes through vagrancy laws, or from a health-based approach by subjecting them to sexually transmitted infection (STI) tests, and quarantining them in lock hospitals if found positive of a congenital disease.
This restrictive approach toward prostitution would go on to define Australia’s sex work laws across the nation until the late twentieth century, when sentiment toward sex workers would begin to shift.
Recognising the failure of criminalising prostitution in reducing its prevalence, coupled with the harms which come from criminalising the industry, such as poor working conditions for sex workers and a heightened risk of violence and mistreatment, a growing number of voices have begun to advocate for legalising sex work.
As this article will outline, many of the Australian states and territories have either legalised or decriminalised sex work in some way, shape or form, and those that haven’t yet are seeing constant efforts by industries and politicians to change that.
Prostitution and other forms of sex work are legal in New South Wales, following the introduction of the historic Prostitution Act 1979, which legalised prostitution both from the supply and demand side.
In fact, New South Wales was the first jurisdiction on the planet to make prostitution legal. This means that regardless of whether you live in Parramatta, Surry Hills or Wetherill Park, you can enjoy the company of a Sydney escort or the ambience of a Sydney brothel.
If you’re a NSW resident or just visiting, it might help to check out our guide to hiring a Sydney escort, as well as our list of the best Sydney brothels and erotic massage parlours.
Read more about prostitution laws in NSW
Following the passage of the Victorian Sex Work Decriminalisation Act in 2023, prostitution and sex work have become legal in Victoria.
This means that regardless of whether you’re in Australia’s cultural epicentre of Melbourne, or in suburbs like Carlton, South Yarra or Geelong, you can access the full array of sexual services in Victoria, including Brothels, escorts, male escorts, massage studios and transsexuals.
This puts Victoria in the same category as other parts of the world, including countries like New Zealand and Belgium, which have decriminalised or legalised sex work.
So, whether you’re a Victorian resident, or simply a visitor, be sure to check out our Victorian and Melbourne-related articles, including our guide to hiring a Melbourne escort, our list of the top erotic massage parlours in Melbourne and also our guide to hiring a trans escort in Melbourne.
Read more about prostitution laws in Victoria
In Queensland, prostitution is decriminalised following the passage of the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 (the Amendment Act) which was passed in August 2024. The Act removed the prior requirement for brothels to require licensing, and repealed existing criminal offences related to sex work.
So, if you’re a QLD resident, or just passing through, and you happen to stop by the Gold Coast, Brisbane, the Sunshine Coast or any other part of this beautiful state, you can enjoy the company of a sex worker without repercussions or reprisal.
Whether that’s a Brisbane escort or a Townsville brothel, the world is now your oyster when it comes to getting the pleasure and relief you need in QLD.
Read more about prostitution laws in Queensland
When it comes to prostitution, Western Australia has some of the strictest laws in the country. While Prostitution isn’t itself illegal in WA, many of the factors surrounding it are, including operating a brothel, public solicitation, and advertising services.
This means that you will need to brush up on WA laws before looking at seeing a Perth escort. Should you feel confident, we have written an article on the top 10 escorts in Perth.
Read more about prostitution laws in Western Australia
As of 2024, prostitution remains largely illegal in South Australia, due to the Summary Offences Act 1953.
However, much like in Western Australia, prostitution in SA isn’t itself illegal; it’s just the surrounding conditions such as operating a brothel, advertising sexual services and other illegal elements. Regardless, this places limitations on sex workers in the state, and as such, there have been many efforts to liberalise the sex work laws in South Australia, with one attempt as recent as 2024.
So, if you’re heading to South Australia, or you’re a resident there, you’ll want to become acquainted with SA’s laws surrounding prostitution before seeking out any kind of sexual services. Once you’re comfortable, we have articles on the top escorts in Adelaide, as well as guides on hiring trans-Adelaide escorts, Asian Adelaide escorts, and how you can get a sex massage in Adelaide.
We wrote an entire adult services guide in Adelaide and South Australia which you may wish to peruse if you’re in the area.
Read more about prostitution laws in South Australia
As of 2005, prostitution was made legal in Tasmania thanks to the Sex Industry Offences Act. The Act states that brothels and street prostitution are illegal, however, it is legal for self-employed sex workers to conduct business with another person.
As such, whether you’re simply passing through or a resident in Hobart, New Town, Launceston or any other part of Tasmania, you can find Tasmanian sex services to tickle your fancy; including erotic relief in Tasmania, phone sex or, of course, Tasmanian escorts.
Read more about prostitution laws in Tasmania
Prostitution is officially decriminalised in the Australian Capital Territory, following the introduction of the Prostitution Act 1992.
The Act states that owning a brothel, having an escort agency or being a sex worker are legal; provided that individuals or businesses register themselves with the Office of Regulatory Services (ORS).
So, wherever you are in the Australian Capital Territory whether you’re in Canberra, or smaller areas such as Mitchell, Reid or Fyshwick, you can enjoy the full suite of sexual services in the Australian Capital Territory. If your preference is Canberra brothels, escorts in Canberra or even male escorts in the ACT, we’ve got you sorted.
Read more about prostitution laws in the ACT
Following the passage of the Sex Industry Act 2019, the Northern Territory has legalised prostitution, as well as brothels and street work.
This means, that whether you’re a resident or visitor in Darwin City, Berrimah, Palmerston, Stuart Park or any other part of the Northern Territory, there’s likely a sex worker for you–and you don’t need to worry about any legal repercussions.
If you wish to see Darwin escorts, or you’d like to visit a Darwin erotic massage studio, you can do so with the law in full support of you.
Read more about prostitution laws in the Northern Territory
You must understand these laws if you are a patron of the sex industry, or a worker within it, as you must operate within the bounds of legality wherever you seek to buy or sell sex-related services. This is especially the case given Australia’s patchy tapestry of laws which differ from state to state, and territory to territory.
You may also wish to gain a greater understanding of Australia’s prostitution laws so that you can understand the costs and benefits of legalising prostitution, where you sit on the issue, and how you can help to improve the lives of sex workers across the nation.
Regardless, of whether you’re in a very progressive part of Australia like New South Wales, or a more restrictive state like Western Australia, one thing is for certain; sex work will always exist, regardless of whether you like it or not.
By following the links to each article, you’ll get an in-depth look at the laws in every state and territory, helping you make informed decisions no matter where you are in Australia.
Author: Amanda O
For: Langtrees.com
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“Australian laws are mainly inherited from English common law. Moreover, every Australian state has its own law for prostitution in respect of legality. For example, prostitution is quite legalised in New South Wales, Victoria, and Queensland. On the other hand, prostitution is restricted in Western Australia, South Australia, and Tasmania. Hence, whatever state you dwell in, you must follow its laws.”
“No matter where you are in Australia, whether it's the progressive vibes of New South Wales or the more traditional atmosphere of Western Australia, one thing remains true: sex work is a reality that will always be part of our society, whether we embrace it or not.”
“I thoroughly enjoyed the opportunity to learn about and explore various legal principles. This blog stands out as one of the best resources available, offering insightful and informative content.”
“Great read and a lot of good content. Agree with other posts that WA would of had the most relaxed laws around this industry.”
“Western Australia has no law for the sex industry. I broke down the living off the earnings & keeping premises for the purpose in 2000. It took 2 years to get to court as I was able to subpoena all vice squad records from Kalgoorlie & Perth that had my name on them by going to the high court for discovery. One week before the 7-day trial was to start, My solicitor got a call first thing Monday morning (the trial was set for Friday). It was the Police commissioner asking me if they could drop the charges as he felt it wasn't in the public interest. I said to my solicitor, "No way, the story has to be heard. I am sick of the threat held over us, which was the case with the containment system." I said if he were serious, he would have to call me personally and give me a bloody good reason. The commissioner called me directly within an hour. I explained that this issue needed to be heard, and he was supportive of the change himself. I said why have I had to spend $55,000? The deputy commissioner had charged me for keeping a bawdy house first, and the DPP had thrown that out (this was a judge and jury Charge), so he turned around and charged me for keeping premises for the purpose of... I was a part of the containment system that allowed me to do this as long as I had no underage girls and wasn't involved in drugs. Containment came about in 1978 before I arrived in Australia. The government told the police to contain the industry, and they allowed the existing madams to operate if they obeyed specific rules, like no male involvement, including no male drivers. All girls had to register with the vice squad before being allowed to work. I bought a containment agency in 1985 and was the last to be allowed in. Back to the police commissioner, I said, "Give me a good reason." He said, "Mary-Anne, I have had the case adjourned twice. It is Monday morning, and it is only 9.55 a.m." The deputy police commissioner went on long service leave on Friday at 4 p.m. I could not inter until then. This case is not in the interest of the general public, and if you accept that we dismiss it, I will disband the vice squad, and no one can be charged in WA until the government introduces NEW LAW. I couldn't argue with his logic, so I agreed to have the case dismissed. I got a miserable $7,000 against the $55,000 I had spent, and no one has been charged in 26 years. The ladies have never had a charge, and they could be charged, so I opened up the system for all the little massage parlours. The only charges the police enforce in Western Australia are streetwalkers, both clients & girls and underage ladies working in a brothel or even privates can be charged with a criminal offence if they are under the age of 18 years of age. The government have tried to legislate 4 times in my 43 years. The Labour government would have been the first in Australia in 1992 to decriminalise the industry; it had its first reading, which had passed, the WA INC hit the front page, and it was shelved. More details about the other 3 times the liberal government tried will follow one day.”
“I had no idea that Western Australia had so many restricted laws regarding prostitution, if anything I thought WA would have the most laxed laws being that there are many advertisers here. It was a great read and thanks for providing the information. ”
“Working in both Melbourne where it is legal, and Adelaide where it is not, I understand the frustrations of the punters when they cannot get answers to their questions during intro. How do they know what they are getting for their money? Though legalising SW in Melbourne hasn't done great things for the industry either. Maybe SA being behind the times is a good thing, they can see what has worked and what hasn't in other states and legalise SW the safe way.”
“Great breakdown. Our country has come so far, and we’re very lucky here in Canberra especially. Very important everyone in the industry understands the laws of their state.”
“As a working escort, I can tell you that understanding the laws in each state is crucial for both workers and clients. It’s important for everyone to be aware of what’s legal and what’s not, as it helps ensure safety and respect for all involved. For those in states with restrictive laws, the environment can be more challenging, but in places where sex work is decriminalized or legal, we can work with better rights and protections. It’s great to see more awareness being raised about this. ”
“It's great to see this blog is so clear on each location's laws! The stigma surrounding this industry can make it difficult to campaign or announce legislature in the public eye which makes speaking on this topic so valuable, especially as things continue to change.”
“Australia’s prostitution laws have come a long way, and it’s great to see states like Queensland and Victoria fully embracing decriminalisation. It’s a step in the right direction for sex workers’ rights and safety. Here in Canberra, with decriminalisation firmly in place, we’re proud to provide a safe and supportive environment for workers and clients alike. Perth has so much potential, and we’re hopeful WA will move towards modernising its laws too. Until then, establishments like Langtrees in Perth do an amazing job navigating the restrictions while still prioritising safety and professionalism. As part of the Langtrees family in Canberra, we fully support efforts to improve the lives and working conditions of sex workers across the nation. Understanding the legal landscape is key for everyone involved, and we’re always here to help provide clarity and support!”
“Very helpful to have info on all states in the one blog! Interesting that Queensland seems to be leading the way with legislation.”
“A very informative list! It is interesting to see all the differences between states in regards to the laws around sex work. Definitely a good read for both workers and those looking to enjoy services.”
“Very helpful and advice written piece. ”