Rights and Safety in Escort Work in Victoria

What decriminalisation changed in Victoria

The Victorian Parliament passed the Sex Work Decriminalisation Act 2022 on 22 February 2022. It started in two stages.

• 10 May 2022: the register for small owner-operators ended, compulsory STI testing ended, and street-based sex work became legal in most places.
• 1 December 2023: the Sex Work Act 1994 was repealed, which ended the licensing system. Planning rules now treat sex work businesses like other businesses.

Today no escort, agency or manager needs a licence, registration or fee. Consumer Affairs Victoria explains each stage.

Some things stay crimes. Sex work involving anyone under 18 is an offence. So is forcing a person into sex work, keeping them in it, or taking their earnings by threats. Recruiting someone into sex work by deception is a crime under the Crimes Act 1958.

WorkSafe Victoria and your workplace

Any place where sex work happens is now a workplace. The Occupational Health and Safety Act 2004 applies, and WorkSafe Victoria regulates it.

That gives you the same rights as any other worker in Victoria:

• A safe workplace, with risks managed and training given.
• A say in safety. Employers must consult workers and any health and safety representative.
• An "If you are injured at work" poster in every workplace, and workers compensation where it applies.

Businesses must take reasonable steps so that condoms are used when appropriate, and they can still require them. WorkSafe also publishes Safe for Work, a health and safety handbook for sex workers.

Why employee or contractor status matters

An agency may call you a contractor or an employee. What counts is how the work runs day to day, not the word in a contract.

Your status decides who pays your tax and super, whether you get leave, and how workers compensation works for you.

The Fair Work Ombudsman explains how to tell the difference, and its advice is free. Ask any agency to state your status in writing before your first booking.

Warning signs of coercion

Under sections 53L and 53M of the Crimes Act 1958, no one may use threats, drugs or force to make you work. Courts can jail an offender for up to a decade.

Be wary of anyone who:

• keeps your passport, your ID or your phone
• says you owe a debt that you must work off
• takes your earnings, or decides what you get paid
• threatens you, your family or your visa
• stops you leaving a booking, or leaving the work

Call 000 if you are in danger now. The Australian Federal Police take reports of forced labour and human trafficking on 131 237.

The support groups below can also help you in confidence, and they do not report you to anyone.

Advertising since decriminalisation

A Victorian sex work ad has needed no licence number since May 2022. Ads may now name the services on offer, mention safer sex and show nude photos online.

Ads must still be truthful. The Australian Consumer Law applies to them, as it does to every business.

You keep a say over your own profile. Ask any agency to show it to you before it goes live, and to take it down when you leave.

Protection from discrimination in Victoria

Since 10 May 2022, the Equal Opportunity Act 2010 protects you from discrimination because of your "profession, trade or occupation". That includes sex work.

The protection covers work, education, goods and services, sporting clubs and accommodation. A hotel cannot refuse you a room because you are an escort. The old exception that let it do so was repealed.

The same goes for a landlord, a gym or a shop. None of them may turn you away because of your work.

If it happens, write down what was said, when, and who was there. A record helps if you complain later.

To make a complaint, contact the Victorian Equal Opportunity and Human Rights Commission on 1300 292 153. It can try to settle the matter through a confidential talk between both sides.

Consent law in Victoria

Victoria's affirmative consent law began on 30 July 2023. A person must say or do something to find out whether the other person consents.

Removing a condom, not using one, or tampering with one without agreement means there was no consent. People call this stealthing. You can report it to Victoria Police.

Agreeing to a booking is not agreeing to everything. You can change your mind at any point, and a fair agency backs you when you do.

If something goes wrong on a booking

Leave if you feel unsafe. Your safety matters more than the fee or the client’s feelings.

Call 000 if you are in danger. Then tell your agency, so it can end the booking and stop that client from booking again.

For support after a sexual assault, call the Sexual Assault Crisis Line Victoria on 1800 806 292.

Victoria Police explains its role since decriminalisation on its sex work page.

If you are hurt at work, you may be able to claim workers compensation. It depends on your status as an employee or a contractor. WorkSafe Victoria can tell you which applies.

Your health

Since May 2022, STI tests are your choice, not a legal duty. You do not have to tell an agency your STI or BBV status. The Department of Health keeps a page on sex worker health.

Free support in Melbourne and Victoria

Vixen Collective is Victoria's peer-only sex worker organisation. Sex workers run it, and its fact sheets explain the law in plain words.

RhED gives free, state-wide support to sex workers. It is a Better Health Network program, on 1800 458 752.

Scarlet Alliance is the national sex worker association. Its Red Book covers safety and rights across Australia.

The law in Victoria may change

Section 4 of the Act requires a review of decriminalisation. The review must start between December 2026 and December 2028. Check the Victorian Government page for news.

Treat this page as general information, not legal advice. A lawyer or one of the support groups above can help with your own case.

How Ruby puts this into practice

Ruby is an escort agency in Melbourne. Reception screens each client and watches every booking with a check-in and a check-out. You can refuse any booking. If a client crosses a line, Ruby ends the booking and supports you if you choose to report it.

If that sounds right for you, apply to work with Ruby.