QLD: Laws (What is legal what is illegal)

[Mrs Langtrees]

Can anyone answer this question for Queensland Miner

jay in need of info

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Hi maryanne I’ve been looking for information on prostitution laws in QLD, I have been reading the act but cant seem to find… and don’t know what I’m looking for in regards to renting a house to a prostitute.
I live in a small mining town and have had a proposal from a prostitute in a nearby city to rent my house for short periods of time (1 week) at a higher than usual rate to conduct business there. I understand that they must be the only person on the premises or working on the premises other than a bodyguard with a crowd controllers licence witch I have.
I was hoping you could point me in the right direction in finding out if it is possible to have a short term lease with this person if I was not living on the premises but I would work as a bodyguard and also be the owner of the premises, would this create any legal issues?
This person has suggested that she has a few friends that would also be interested in working here individually on a week by week basis. I am only interested if I can do everything by the law, what I don’t want is this agreement looking like an illegal brothel.

Any help on the issue would be greatly appreciated
Thanks

 

[macca79]

I am a bit late to this topic no doubt, but I do have to just say that it is currently illegal for two girls to share a premises even if they work different hours/days. The exception being licensed bothels. In fact just the other day an illegal operation was shut down by the police The link is broken, so taken down.

 

[Mrs Langtrees]

Link is not working, so has been taken down

The Law
Prostitution and the law in Queensland
There are two forms of legal sex work in Queensland:

•Private work (sole operators) – where a single sex worker works alone – is legal in Queensland, but it is an offence to publicly solicit for the purposes of prostitution.
•Sex work conducted in a licensed brothel is legal in Queensland.
Any other form of sex work is illegal in Queensland. This includes unlicensed brothels or parlours, street workers, two sex workers sharing one premises (even if the workers both work alone in split shifts), and out-calls provided by a licensed brothel.

 

[Mrs Langtrees]

Brothel & private Worker Regulations

How does the Prostitution Act 1999
regulate sole operators?
The Act contains no licensing or registration requirements for sole
operators, but they are required to comply with any relevant
sections of the Act.
For example, it is an offence to publicly solicit for prostitution. It
is also illegal for a sex worker to provide, or offer to provide,
prostitution involving sexual intercourse or oral sex without the
use of a prophylactic (condom). Sole operators must also comply
with the advertising requirements of the Act.
Otherwise, the law relating to prostitution by sole operators is
contained in the Criminal Code Act 1899. Under the Criminal
Code, one sole operator must not work in conjunction with
another sole operator. Two sole operators are prohibited from
working out of a single premises. It is an offence for a person,
without reasonable excuse, to be found in or leaving a place
suspected of being used by two or more prostitutes.

Brothel Licensing
There are two separate processes that must be satisfied before a
brothel can commence operation legally. A person must apply to
the local authority for development approval of a brothel
premises. For further information on this requirement contact your
local council. A person must also apply to the PLA for a brothel
licence.
It is an offence for a licensee to provide prostitution at a place other
than the licensed brothel. There are restrictions on the number of
working rooms, the number of sex workers and the total number of
staff allowed on a premises at any one time. The Act provides that there
must not be more than 13 staff at the brothel at any one time. The
number of prostitutes permitted at the brothel at any one time is
dependant on the number of rooms permitted at the brothel. Schedule
3 of the Act contains further details.

Applying to the PLA for a brothel
licenceA brothel licence is granted only to individuals who meet the
criteria under the Act. You are ineligible to apply for a brothel
licence if you:
• are a corporation;
• are a minor;
• are an insolvent under administration;
• hold a licence or permit under the Liquor Act 1992;
• have been convicted of a disqualifying offence;
• have had a licence or certificate under the Act cancelled
in the last three years; or
• are subject to an order from the PLA declaring the
person to be ineligible to apply for a licence.
The PLA must refuse to grant you a brothel licence application if
you are not a suitable person to operate a licensed brothel, if you
have an interest in another brothel, or if the PLA considers that
granting the licence would substantially affect the character
of the area. For example, if it means the area will become a ‘red
light district’.
In deciding whether to grant or refuse a licence the PLA is also
required to consider the suitability of the applicant, including:
• the applicant’s reputation, having regard to
character, honesty and integrity;
• whether the applicant has a conviction for an offence
against the Act, or a conviction for an indictable
offence, or a conviction for an offence the
circumstances of which constitute the running of a
brothel, or whether the applicant has ever been
charged with an offence of a sexual nature;
• whether the applicant has, or will be able to
obtain, financial resources that are adequate to ensure
the financial viability of the brothel;
• whether the applicant will have in place arrangements
to ensure the safety of sex workers;
• whether the business structure for the operation of the
brothel is sufficiently transparent to enable all
associates of the applicant to be readily identified; and
• whether any of the applicant’s associates have a
conviction for a disqualifying or indictable offence or
whether they hold a licence or permit under the
Liquor Act 1992.

Applying for a licence or certificate
if you have a conviction for
prostitution
A conviction for prostitution does not automatically preclude
a person from obtaining a licence or certificate. In fact, the
Act requires that the PLA must not decide that an applicant
for a brothel licence or a manager’s certificate is not a suitable
person to be a licence or certificate holder simply because the
applicant has been a sex worker. However, in deciding
whether or not to grant a brothel licence or manager’s
certificate, the PLA must consider whether the applicant has
been convicted of an offence, the circumstances of which
constitute the running of a brothel.

Where to get a licence or certificate
application form
Application forms for a brothel licence or manager’s
certificate are available from the office of the PLA. The
process for receiving, processing and considering applications
may take some months.
Licence and certificate fees
There are application, licence and certificate and renewal fees
associated with brothel licences and manager’s certificates.
These fees must be paid when the application is lodged with
the PLA. If an application for a licence or certificate is
withdrawn by the applicant or rejected by the PLA, the PLA
must refund the entire licence or certificate fee.
The list of fees is set out in Schedule 2 of the Prostitution
Regulations 2000. They are available by contacting the PLA,
or from its website.
If you are eligible to apply, will you
automatically get a licence or
certificate?
No. The PLA is required to consider a range of matters, such
as those specified above, prior to deciding whether or not to
grant a licence or certificate. Refer to the Act for more detail
about these matters.
Requirements relating to licensed
brothels
There are a number of requirements for brothel licensees and
managers that must be met for the efficient and lawful operation of
the brothel, including:
• supervising the brothel at all times;
• ensuring that there is no liquor at the brothel;
• ensuring the correct number of staff and sex workers
are on premises at any one time;
• recording particular details of brothel operations;
• ensuring safety and security of sex workers and staff;
• maintaining financial records;
• managing complaints;
• applying infection control measures; and
• general professional management of the brothel
systems, facilities and workplace ensuring that it is
operated in accordance with all government
requirements.

Licensees and Managers must also:
• allow entry by officers of the PLA;
• assist police who have lawfully entered a licensed
brothel under the Act;
• provide documents requested by the PLA or police at a
licensed brothel;
• provide particulars about age that are requested by the
PLA or police at a licensed brothel;
• provide the name and address of licensees and
managers to police;
• display the licence prominently at the entrance to the
brothel; and
• produce a licence or manager’s certificate if requested
by police.
Only police of the rank of inspector or above may enter, or authorise
an entry, to a licensed brothel when it is open for business. Police
officers who wish to inspect, copy or take possession of documents
or things must seek prior written authorisation from the PLA.
Details about police entry of licensed brothels must be reported to
the PLA.
Prostitution Licensing

 

[Sir Stefan]

Re: Brothel & private Worker Regulations

This has been updated with BOTH the Prostitution Act 2000 and the Prostitution Amendment Act 2008, both of which can be viewed on line by simply typing the title into your browser.

The latest word from the current WA Government is that they 'intend' to REPEAL the Prostitution Amendment Act 2008 AND to AMEND the Prostitution Act 2000 to ensure that Sexual Service Businesses are contained to a small number of areas where they WILL be tolerated and to develop a regulatory scheme that will outlaw ANY form of Prostitution in RESIDENTIAL areas.

What that will mean for 'private' operators remains to be seen?

 

[tesa11]

how do you find legal escorts

hi im new how do you find out if the escort is legal at allolice:

 

[punters]

Re: how do you find legal escorts

In QLD they need to be registered with the pla, The paper work sould be supplied at anytime on demand even in brothels. No two wls can work from the same dwelling at the same time unless in a licenced brothel (licence number should be provided on demand.) Cant work with a pimp privitely.
These are some of the ways you can tell. There are large fines for the client
if caught with an unregistered WL

 

[skye]

Re: how do you find legal escorts

Punter is right. What is the deal with perth than punter since your so educated on all of this?

 

[punters]

Re: how do you find legal escorts

Punter is right. What is the deal with perth than punter since your so educated on all of this?

I dont know what the go is in perth Skye, langtree,s have a thread on it. Ive never punted in WA. The laws change from state to state

 

[Robyn]

Re: how do you find legal escorts

Private working ladies do not have to register with anyone to work in Qld, only brothels are required to register and hold a brothel license anywhere in Qld. If you contact a private working lady and have her come to you then no one is doing anything illegal. If you run an escort agency from anywhere in the country Qld or any other state and have ladies on your books that for example either live in NSW and travel over the boarder into Qld or Qld based ladies, and they organise you a lady to visit is illegal. For a Qld based brothel or a brothel just over the boarder into NSW/Tweed Heads to send a lady out to visit you in Qld is also illegal but not if you contact a private working lady directly.

 

[Robyn]

Re: how do you find legal escorts

In QLD they need to be registered with the pla, The paper work sould be supplied at anytime on demand even in brothels. No two wls can work from the same dwelling at the same time unless in a licenced brothel (licence number should be provided on demand.) Cant work with a pimp privitely.
These are some of the ways you can tell. There are large fines for the client
if caught with an unregistered WL

None of the above is correct other than two private working ladies must not work together either at the same time, together in a threesome or in different shifts using the same premises. You are correct punters you do have to go to a licenced brothel to obtain this service and you cannot have a pimp no. Please be careful when advising on various parts of sex industry legislation what ever state laws you are referring to because you could innocently and inadvertantly get an innocent punter into trouble or a new lady to the industry unaware and not well rehearsed in legislation misguided and things she's doing the right thing. Private ladies are not required to regsiter with anyone or any govt or seperate entity in Qld.

 

[punters]

Re: how do you find legal escorts

None of the above is correct other than two private working ladies must not work together either at the same time, together in a threesome or in different shifts using the same premises. You are correct punters you do have to go to a licenced brothel to obtain this service and you cannot have a pimp no. Please be careful when advising on various parts of sex industry legislation what ever state laws you are referring to because you could innocently and inadvertantly get an innocent punter into trouble or a new lady to the industry unaware and not well rehearsed in legislation misguided and things she's doing the right thing. Private ladies are not required to regsiter with anyone or any govt or seperate entity in Qld.

Hope this helps you Tesa11
sorry robyn I was passed on the info from a sex worker,maybe she didnt explain it correctly . I checked for myself, looks like privites do not need a health check cert, Looks like its free for all for them but as for brothels what I said is true, A client can ask for the health check cert at a brothel and the brothel registration. The laws are complex and change within time

Private work (sole operators) – This is
where a single sex worker works alone,
whether it is from their home, unit, motel
or hotel. Sole operators are lawfully
allowed to provide outcalls to clients
provided they are working by themselves.
You may not work as an escort for an
escort agency regardless of where the
agency is located (eg. you may not work
for an interstate escort agency and provide
escorts in Queensland). The only other
person who can participate in the business
is a licensed security guard or crowd
controller. Sole operators are not allowed
to have support staff such as receptionists,
drivers or cleaners.
Sex work conducted in a licensed
brothel – To work in a licensed brothel, a
sex worker needs to have a current
sexual health certificate issued by a
health professional. Copies of these
certificates are required by licensees and
must remain current for the time you are
working at the licensed brothel.
Unlicensed brothels or parlours – A list
of licensed brothels is available at
Prostitution Licensing Authority. If you are unsure
about whether the brothel is licensed, ask
to see their brothel licence issued by the
PLA (or contact the PLA).
Soliciting in public – Soliciting in any
public places such as cafes, casinos,
streets, truck stops, clubs, hotels and
nightclubs is illegal under the Prostitution
Act 1999.
• Escort agencies – The only way you can
work providing outcalls is as a private
operator. Under the Prostitution Act 1999,
escort agencies are illegal.
• Massage parlours – In Queensland, it is
illegal to advertise or describe yourself as
providing massage if you provide any
sexual service eg. hand relief.
• Double acts – Organising another sex
worker to participate in a double act with
you is illegal.
• Not using prophylactics - It is illegal in
Queensland to provide any sexual service
to a client without using the appropriate
prophylactic.

 

[Robyn]

Re: how do you find legal escorts

I see what you were trying to say now Punters

Sexual Health checkups and the certificates issues are compulsory to work in a brothel but nothing to do with registration and are required to be provided to management every 3 months. This is optional for private workers but many do opt to have sexual health checkups.

Thanku for the link to the PLA website Punters, I should have done that myself, this will clarify things more for anyone curious and wanting to know about Qld laws

 

[punters]

Re: how do you find legal escorts

I see what you were trying to say now Punters

Sexual Health checkups and the certificates issues are compulsory to work in a brothel but nothing to do with registration and are required to be provided to management every 3 months. This is optional for private workers but many do opt to have sexual health checkups.

Thanku for the link to the PLA website Punters, I should have done that myself, this will clarify things more for anyone curious and wanting to know about Qld laws

The laws are crazy, They make amendments (updates), to the them all the time so be carefull , Its best to see a legal person to translate them. So whats posted here today may not be law tomorrow.
:

 

[williamsmith518]

Re: Can anyone answer this question for Queensland Miner

About diabetes - causes (low blood sugar, glucose, insulin levels), Symptoms of diabetes in women, risks, diagnosis, types (type 1, type 2) and Treatment of diabetes , Medicine , diet, exercise, and other lifestyle changes.

diabetes.

 

[Langtrees VIP Darwin]

Sex Industry Laws - Queensland

What kinds of Sex Work are legal in Queensland?

There are two forms of legal sex work in Queensland:

• Working Privately – Is legal in Queensland, but it is an offence to work in pairs or with the support of another person.

• Sex work conducted in a licensed brothel is legal in Queensland.

Any other form of sex work is illegal in Queensland. This includes unlicensed brothels or parlours, street workers, two sex workers sharing one premises (even if the workers both work alone in split shifts), and out-calls provided by a licensed brothel.

How does the law affect private operators in Queensland?

Private sex workers (not working for a brothel or escort agency) are legal (the Prostitution Control Act does not preventyou from conducting a business). Private businesses however are heavily restrictions regarding the way you can operate.

• A single sex worker must not be found on premises with any other person unless the other person has a current crowd controller’s licence under the Security Providers Act 1993 and is only participating in the provision of prostitution as a bodyguard.
• Organising a double booking with another worker is illegal, and workers have been busted for it resulting in a criminal record for life stating that they have contravened the Prostitution Control Act (check the entrapment references on this page, police can legally harass you into agreeing to do a double booking then charge you. Link to the "Exception to soliciting offenses--police officers" law).
• Having a receptionist is illegal
• once the 2009 Amendment Bill is passed private sex workers will be able to advise someone of their movements but only if this person is not also a sex worker
• Paying a driver is illegal (the 2009 Amendment Bill will make it legal if the driver has a current crowd controller's license and only drives one sex worker)
• Technically, having an accountant or lawyer or cleaner is also illegal but no one has been busted for this before.

How do I advertise in Queensland?

Under the Act, advertisements cannot be published if they:

• describe the sexual services offered,
• might induce a person to seek employment as a sex worker,
• state, directly or indirectly, that the person’s business provides or is connected with massage services.

The most acceptable form of advertising is in the newspaper (TV, radio and video are specifically not allowed), and there is an ‘approved form’ of advertising which all newspapers are aware of. The ‘approved form’ is also listed on the PLA (Prostitution Licensing Authority, see below) website, and advertising on the internet requires approval from the PLA. If you wish to advertise differently to the ‘approved form,’ you can fax the PLA on 07 3876 3641. Many Queensland workers are also having success through publishing on the internet. However recent busts have meant that in order to be safe, you should approach the PLA to have your website material approved. If you do not have PLA approval for your advertising material you may be charged for a criminal offense. You do not have to use your real name or give them your home address. Please note that certain commercial websites will seek approval on your behalf so that you don't have to interact with the PLA yourself.

Discrimination - what can I do? Anti-discrimination legislation in Queensland makes it illegal for someone to discriminate against LEGAL sex workers. There have already been a successful anti-discrimination case tried in Queensland. If you would like more information go to external website

Entrapment by police Entrapment is legal in Queensland - this means that police can (and do) pose as clients and as sex workers in order to trap sex workers and clients into acting illegally. link to the "Exception to soliciting offences--police officers" law This does not give police the right to have sex with you or receive any sexual service! The legal term for entrapment in Queensland is deceptive practice. If you are approached by someone who says they are a police officer you should request to see their identification - if they refuse then you should assume the person is not a police officer

Criminal Laws Relating to Condom Use in Queensland It is a criminal offence to provide any kind of commercial sex without condom use. Police are using entrapment (deceptive practice link to the "Exception to soliciting offences--police officers" law to harass people about condom use ie the police ring up and pose as a client, and ask for oral without protection. For more detailed information go to the Condom Laws In Queensland page.

 

[Miss Chloe]

I have been thinking of working in Qld for a couple of weeks but many of their laws seem to be there for the sole purpose of making it more dangerous for W/L's. Would love some input from ladies (or gents/trans etc) that have worked there before xx

 

[Bernard Mitchelson]

Can anyone answer this question for Queensland Miner

jay in need of info

--------------------------------------------------------------------------------

Hi maryanne I’ve been looking for information on prostitution laws in QLD, I have been reading the act but cant seem to find… and don’t know what I’m looking for in regards to renting a house to a prostitute.
I live in a small mining town and have had a proposal from a prostitute in a nearby city to rent my house for short periods of time (1 week) at a higher than usual rate to conduct business there. I understand that they must be the only person on the premises or working on the premises other than a bodyguard with a crowd controllers licence witch I have.
I was hoping you could point me in the right direction in finding out if it is possible to have a short term lease with this person if I was not living on the premises but I would work as a bodyguard and also be the owner of the premises, would this create any legal issues?
This person has suggested that she has a few friends that would also be interested in working here individually on a week by week basis. I am only interested if I can do everything by the law, what I don’t want is this agreement looking like an illegal brothel.

Any help on the issue would be greatly appreciated
Thanks

Years

Can anyone answer this question for Queensland Miner

jay in need of info

--------------------------------------------------------------------------------

Hi maryanne I’ve been looking for information on prostitution laws in QLD, I have been reading the act but cant seem to find… and don’t know what I’m looking for in regards to renting a house to a prostitute.
I live in a small mining town and have had a proposal from a prostitute in a nearby city to rent my house for short periods of time (1 week) at a higher than usual rate to conduct business there. I understand that they must be the only person on the premises or working on the premises other than a bodyguard with a crowd controllers licence witch I have.
I was hoping you could point me in the right direction in finding out if it is possible to have a short term lease with this person if I was not living on the premises but I would work as a bodyguard and also be the owner of the premises, would this create any legal issues?
This person has suggested that she has a few friends that would also be interested in working here individually on a week by week basis. I am only interested if I can do everything by the law, what I don’t want is this agreement looking like an illegal brothel.

Any help on the issue would be greatly appreciated
Thanks

I once shared a rental house with a prostitute. We had separate bed rooms. I had a fulltime job and she had clients arrive while I was at work.

One day she rang me at work and said " you'd better come home. There's a dozen cops just turned up."

It turns out the neighbors thought we were selling drugs cause of people coming throughout the day. We wearn't but as soon as they found out she was working from a property that I'd rented they charged me with "knowingly participating in the provision of prostitution".

Went to court and my defence was ... I never spoke to her clients, I never saw what happened in her room and anything she told me was hearsay ... so i in fact didnt "know" anything .

The case was thrown out.

 

[Cara Valence]

Years



I once shared a rental house with a prostitute. We had separate bed rooms. I had a fulltime job and she had clients arrive while I was at work.

One day she rang me at work and said " you'd better come home. There's a dozen cops just turned up."

It turns out the neighbors thought we were selling drugs cause of people coming throughout the day. We wearn't but as soon as they found out she was working from a property that I'd rented they charged me with "knowingly participating in the provision of prostitution".

Went to court and my defence was ... I never spoke to her clients, I never saw what happened in her room and anything she told me was hearsay ... so i in fact didnt "know" anything .

The case was thrown out.

An excellent example of QLD's crazy laws and why I'm so passionate about decriminalisation in this state

 

[Harlots_Bec]

I used to work privately in QLD and the main reason I did not offer out calls to private homes was due to the laws. Being unable to call in or out to a support person if they were another worker is absolutely ridiculous & on top of that not being able to hire a driver..............SMH

 

[RachelB]

I work privately and it sucks! Incalls are expensive to maintain a separate venue as I would never work from home. As for outcalls I only go to cbd hotels.