Following major legal reform that took effect on 2 August 2024, Queensland has officially recognised sex work as legitimate labour. This change affects not just workers but also clients, business owners, health professionals, and local councils. In this article, we break down exactly what this means—what’s legal, what’s not, and what you need to know if you’re involved in the sex work industry in Queensland.
A Major Legal Shift: Sex Work Decriminalised in Queensland
On 2 August 2024, the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 came into force, making Queensland the latest Australian jurisdiction to fully decriminalise sex work. Queensland now joins New South Wales, Victoria, the Northern Territory, and New Zealand in treating sex work as legitimate work. This approach is supported by evidence pointing to better health, safety, and human rights outcomes.
This reform removes criminal penalties for consensual adult sex work, scraps the previously strict licensing system, and strengthens anti-discrimination protections. However, decriminalisation does not mean the industry is unregulated. Instead, sex work is now treated like any other lawful business, subject to workplace laws, planning regulations, and general criminal legislation.
Before this legal change, sex work in Queensland operated largely in the shadows. In April 2024, ABC News reported that around 90% of sex workers in the state were working illegally under the former regime. While there’s no precise count for Queensland, it is estimated that around 20,000 sex workers are active across Australia annually.
Key Changes Under the 2024 Laws
Here’s what’s changed under Queensland’s new legal framework for sex work:
What’s Now Legal
- Consensual sex work between adults (18+), whether independent or agency-based
- Brothels and escort services operating without needing a specialised licence
- Advertising sex work services (within standard advertising guidelines)
- Sex workers operating from home, subject to general planning laws
- Working collectively with other sex workers, improving safety and support
- Access to anti-discrimination protections, owing to a legislative update that makes “sex work activity” a protected attribute under the Anti-Discrimination Act.
These changes remove the fear of prosecution for sex workers and allow them to work within a safer, rights-based legal environment.
What Remains Illegal
While adult sex work is legal, there are still strict boundaries in place to protect the vulnerable. These include:
- Engaging in commercial sexual activity with minors (under 18), with penalties ranging from 10 years to life imprisonment
- Coercion or exploitation of any person into sex work (e.g., threats, fraud, or violence)
- Operating sex work services on liquor-licensed premises
- Tampering with or removing condoms without consent, a criminal offence known as stealthing
These safeguards are designed to ensure sex work remains consensual, adult-only, and free from abuse or exploitation.
How Sex Work Is Regulated Now
Sex work in Queensland is no longer subject to a separate licensing scheme. Instead, it is regulated just like other industries.
Business Compliance
Sex work businesses must meet the same standards as any other business. This includes:
- Workplace health and safety obligations
- Fair Work Act compliance
- Taxation requirements
- Planning and zoning laws
The Prostitution Licensing Authority has been disbanded, and local councils are no longer allowed to create laws that specifically target sex work businesses.
Home-Based and Commercial Businesses
Sex workers can now legally operate from home as long as they follow general planning requirements. The new laws introduce:
- A 12-month transitional period (until August 2025) to allow existing businesses to become planning-compliant
- Categorisation of sex work businesses as standard types like “home-based business” or “shop,” preventing councils from discriminatory zoning
- Prohibition on local governments from introducing anti–sex work by-laws
This ensures fairness in how local authorities treat all business types.
Stronger Protections Against Exploitation
Although sex work between consenting adults is decriminalised, laws around exploitation and abuse have been made stricter.
Here are some key offences under the new regime:
Crimes Involving Minors
|
Offence |
Maximum Penalty |
|
Obtaining sex services from someone under 18 |
Up to 10 years’ imprisonment |
|
Obtaining sex services from someone under 16 |
Up to 14 years’ imprisonment |
| Obtaining sex services from someone under 12 |
Life imprisonment |
|
Allowing or encouraging minors to perform sex work |
Up to 14 years’ imprisonment |
|
Profiting from or facilitating minor involvement in sex work |
Up to 14 years’ imprisonment |
Coercion and Abuse
- Forcing someone into sex work via violence, threats, property damage, or deception: up to 14 years in prison
- Tampering with safety measures (such as stealthing) remains a criminal offence
These laws protect vulnerable people and maintain a clear line between consensual adult work and criminal conduct.
Improved Health and Safety for Workers
Legalisation has historically led to better outcomes for sex workers. Evidence shows:
- Higher rates of condom use
- Better access to healthcare and support services
- Reduced violence and exploitation
- Improved trust between sex workers and law enforcement
In a joint effort to support safety in the industry, Workplace Health and Safety Queensland is engaging with unions, health organisations, and sex workers to produce updated safety materials. This collaboration supports workers in maintaining safe practices and understanding their rights.
Tackling Discrimination
Previously, many sex workers were left vulnerable to stigma and workplace exclusion due to outdated laws. Now, the Anti-Discrimination Act 1991 includes “sex work activity” as a protected attribute. This means:
- You cannot be fired, refused service, or evicted because you’re a sex worker
- Past or present involvement in sex work can no longer be used to justify discrimination
- Workers can lodge complaints with the Queensland Human Rights Commission
These protections are essential in promoting equality and giving sex workers full access to legal remedies, just like other workers.
Why Queensland Chose Decriminalisation
This reform came after an in-depth examination by the Queensland Law Reform Commission, which found that:
- The old system exposed sex workers to danger and discouraged them from reporting abuse
- Licensing was overly restrictive and failed to protect vulnerable workers
- Legal inconsistencies caused confusion and enabled exploitation
- Decriminalisation improves community safety, worker health, and access to justice
Crucially, this shift recognises that treating sex work as a crime does not protect the community—it drives the industry underground. Decriminalisation aims to bring transparency, legal oversight, and dignity.
What This Means for the Sex Work Industry
Whether you’re a worker, a business owner, or someone considering entering the field, these changes create a clearer, safer legal environment:
- Workers: Can collaborate, access police support, and enjoy legal protections
- Business operators: Must follow general business laws—no need for brothel licences
- Health professionals: Can offer services without fear of legal barriers
- Local councils: Must treat sex work businesses like any other, preventing targeted by-laws
This shift is not just legal—it’s cultural. Queensland is now aligning with best practice in public health, human rights, and legal reform.
Conclusion
Sex work in Queensland is now fully decriminalised, reflecting a modern and rights-based approach to an industry that has long been marginalised. The new laws strike a balance between legitimising adult consensual work and protecting those at risk of harm or exploitation. With strong anti-discrimination provisions, health protections, and standardised business requirements, Queensland has set a progressive legal model that prioritises safety, fairness, and dignity.
How Our Firm Can Help You
If you’re working in the sex industry or operating a related business in Queensland, it’s crucial to understand how these changes affect you. Our experienced Gold Coast Criminal Lawyers and Brisbane Criminal Lawyers can help you:
- Understand your rights under the updated legal system.
- Navigate planning or workplace compliance
- Address any claims related to coercion or unlawful conduct.
- Deal with anti-discrimination issues professionally and confidentially
We offer non-judgmental, expert legal advice tailored to your situation. With a strong grasp of the new legislation and decades of experience in Queensland criminal law, we’re here to help you stay safe, compliant, and protected under the law. Don’t hesitate to contact us today for expert advice.
