Sex Work Decriminalisation Act 2022 (the Act)

Background

The Act decriminalises consensual sex work between adults and abolishes the sex work licensing system. This means that from December 2023:

• WorkSafe will regulate both the occupational health and safety (OHS) of, and workers compensation for, all Victorian sex work operations, not just licensed sex work operations, and
• sex work employers and employees will have the same general OHS rights, duties and protections that apply in all other workplaces in Victoria

What's changing

From December 2023, sex workers and sex work operators will need to think about their workplaces a bit differently. Some important things to think about are:

• that “workplace” means any place, not just inside a building or structure, where employees or self-employed persons work. This means that any place where sex work takes place will be a workplace and OHS laws will apply
• that “self-employed person” means a person who works for gain or reward (but is not an employer or in training and is not employed by someone else)
• how OHS and workers compensation laws might apply to them
• sex work operators should think about their duty to the health and safety of people other than employees when conducting their business
• employers should think about whether they need to register their business for WorkCover insurance, and
• how sex workers and sex work operators can control risks relating to their work or workplace

It is important for employers and workers to know about their rights and duties under the Occupational Health and Safety Act 2004 and the Workplace Injury Rehabilitation and Compensation Act 2013. Please take some time to read the information in the links below.

WorkSafe will provide more specific information on making the sex work industry safer on this page before December 2023.