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... multiple studies cited by the New South Wales Parliament's Brothels Task Force documenting reduced rates of infection, including a 90 % decline in gonorrhoea rates among sex workers for the period 1981 - 1989 (cited in Brothels Task Force, 2001, 23). During the debate, unsubstantiated statistics were also sometimes produced literally out of thin air, as when an Australian industry spokesperson remarked during an interview that the number of brothels in Sydney had increased by 400 % since decriminalization. When subsequently questioned about the source of this figure, she was unable to provide any means of substantiation - it had simply come into her head when she was asked the question and seemed like a good response (PRB 111 B, 2001). Its origins left unexamined, this 'statistic' was subsequently used on billboards around New Zealand by those seeking support for their opposition to the bill (Maxim Institute, 2002). This was also despite pronouncements from Professor Basil Donovan of Sydney Sexual Health noting little or no increase in the number of sex workers in New South Wales following the passage of the Disorderly Houses Amendment Act 1995 (Donovan, 2001, cited in PRB 111 C, 2002, 7).
What he did suggest, however, was some evidence following decriminalization of a move by sex workers from larger venues to smaller or owner-operated premises, thereby giving the superficial impression of an increase. In terms of overseas models of prostitution law reform, some of those opposing the move to decriminalization here expressed clear support for the Swedish model. Sweden introduced legislation criminal ising the buying of sexual services that came into force on 1 January 1999. As part of a stated aim of seeking to reduce the numbers of sex workers, it targets clients and imposes penalties on them of a fine or up to six months' imprisonment if they are convicted in relation to massage parlour, brothel, or street prostitution.
To date there is conflicting evidence regarding whether this move has led to a reduction in the numbers of sex workers (PRB/WJP/ 1, 2001, 15). What some observers are suggesting (for example, Pettersson and Sjogren, 2002, cited in Bennachie, PRB 111 C, 2002) is that there has been a reorganisation of the sex industry so that both workers and their clients are choosing less visible ways of making contact. Early assessments of the legislation considered it may be fostering greater communication between police and social service agencies, resulting in more sensitive approaches to sex workers, and that fewer young people were entering the industry (Pettersson and Sjogren, 2002). On the other hand, the police have said prostitution has not decreased since the Act was passed and that they need greater powers to enforce the legislation (Svenska Dagblad et 2001, cited in Gould, 2001).
Concerns have also been raised that prostitutes in Sweden are now at greater risk of violence, pressure to engage in unsafe sex, and are under greater financial pressure resulting from reductions in income (Dagens Nyheter 2001, cited in Gould, 2001). The Swedish approach to law reform has attracted widespread international attention and support yet the overall impact of the recent legislation is unclear, with conflicting reports and comments. In relation to the question of other countries following Sweden's example, the point has also been made that Sweden may be unusual in at least two major respects. Firstly, it has a relatively small sex industry - approximately 2, 500 prostitutes in a population of 8. 5 million (0. 3 per 1000), compared to the estimated 25, 000 who work in the Netherlands (1. 6 per 1000) (Kilvington, Day and Ward, 2000, cited in Bennachie, PRB 111 C, 2002). Secondly, there is a long and well-established welfare system within Sweden generally, which also provides extensive social support structures for sex workers wishing to move out of the industry (PRB/WJP/ 1, 2001, 15).
While it would clearly be salient to consider international evaluations of prostitution law reform, efforts to locate these have been largely unsuccessful. A Canadian criminologist and lifetime researcher of prostitution, John Lowman, responded to my request for information by saying that he was unaware of any such full-scale evaluation having been conducted. Across the Tasman, both academic Barbara Sullivan and parliamentary researchers provided references to the documents they considered were the closest in this regard, and these will be reviewed below to ascertain any utility they might have for New Zealand. Firstly, though, it should be noted that in Australia, each state government has its own prostitution-related legislation and the models used vary widely. Prostitution is illegal in South Australia and Tasmania, while in the Northern Territory brothels are illegal but prostitution itself is not (Smith, 2003). Victoria, Queensland and Western Australia have each introduced a strict regulatory environment requiring brothels not only to have town planning permission but to also be licensed by a separate licensing authority.
In contrast, in New South Wales brothels require only town planning permission. Stewart Smith notes that the irony is that critics of the 'lax', decriminalized, model in New South Wales praise the more restrictive regulations introduced elsewhere, whilst those in the latter states point to New South Wales as a model of reform (Smith, 2003). The next section provides a brief overview of evaluations of legalized and decriminalized models of prostitution law reform in Australia. While other countries have also introduced significant reforms, the majority have been split between essentially legalized or decriminalized approaches, and a focus on Australia is proposed here given its proximity and similarities to New Zealand.
For the purposes of allowing comparison with New Zealand, particular emphasis is placed on recent reviews of New South Wales's essentially decriminalized model of regulation. Legalisation: Victoria, Queensland and Western Australia The state of Victoria has long been referred to as a classic example of a legalized model. The Prostitution Regulation Act 1986 introduced the possibility of legal work within the sex industry. Sex workers could work legally from their homes or from parlours and escort agencies as long as the business obtained a planning permit from the local council (Sullivan, 1999). However, since many councils were reluctant to sanction prostitution as a business, such permits were difficult to obtain.
In 1994 new prostitution laws were introduced in Victoria that increased the penalties associated with illegal prostitution, especially street work. The Prostitution Control Act 1994 sought to actively involve the police in the regulation of the brothel industry. A regulatory framework was established requiring all 'prostitution service providers' to be licensed, with applicants having to pay high licence fees and undergo rigorous police scrutiny in addition to holding a valid council planning permit for their establishment (Arnot, 2002; Sullivan, 1999). The planning controls determined under the Planning and Environment Act 1997 include requirements that sex establishments must not be located near schools, churches or other areas where children congregate, ensure their exclusion from residential areas, and limit the size of brothels to a maximum of six rooms (Sullivan, 1999). In an attempt to prevent organised crime, as well as having to be licensed, brothel owners in Victoria are each restricted to the operation of one brothel venue.
The licensing system comprises a range of permits and licences for brothels, operators, and workers, with Section 15 of the Act stating that simply being in, entering or leaving an unlicensed brothel without a lawful excuse is an offence (Smith, 1999). Concern has been expressed that Victoria's system of legalized prostitution ha...
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Research essay sample on South Wales Sex Workers
