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... s resulted in a split, two-tiered sex industry evolving, with a tightly controlled legal sector operating alongside a large and often vulnerable illegal sector (Dobinson, 1992, cited in Sullivan, 1999). Thus one group of workers hold positions in the state-approved brothels, often claiming that they work in virtual slave-like conditions for the privilege of being 'state approved'. Those who cannot obtain employment in the licensed brothels work instead in the illicit underground sex industry where their insecure legal status renders them vulnerable to exploitation, harassment and organised crime (Arnot, 2002). Both the legal and illegal sectors are said to have expanded since the legislation's introduction, with the real growth occurring in the illegal sector, which now outnumbers legitimate sex businesses (Arnot, 2002; Sullivan, 1999). In December 1998 there were 82 licensed brothels in Victoria (79 of which were in Melbourne), as well as five 'exempt' brothels (solo or two-person establishments that were exempt from the licensing requirements but still needed town planning permits (Sullivan, 1999) ).
The number of unlicensed premises was unknown but believed to be considerable. Hence Sullivan argues that: The cost and legal scrutiny involved in the licensing process means that many (perhaps a majority) of prostitution businesses in Victoria remain illegal. (Sullivan, 1999, 10). Concern has been expressed that the legalisation process has been accompanied by a proliferation of different forms of sex businesses all seeking to meet clients' demands for more explicit and alternative commercial sexual services (Sullivan, 1999). Rather than resulting in sex workers in Victoria being empowered by law reform initiatives, it is argued that, despite the legislation seeking to limit this, large-scale sex industrialists now control the legal industry (ibid. ). Women working in legal brothels may be forced to hand over 50 - 60 % of their takings to managers and operators, while women who want to work from home or smaller cottage-type settings are forced into industrial or docklands areas if they want to work legally. Such environments bring increased risks of violence and isolation and work against health and safety concerns.
The Queensland Prostitution Act 1999 seeks to regulate prostitution by a brothel licensing system and town planning controls. Recent criticisms have been made suggesting that the tight regulatory framework has left most brothels operating illegally and put the lives of street workers at risk. One of the only 12 licensed brothel owners commented: We " ve been pushed into industrial areas and hidden, we " re paying $ 20, 000 a year for our licence before we can even open the doors, we " re fingerprinted and interrogated, we have trouble getting workers because we can't advertise and they " re (the Government) in our faces all the time. (The Courier-Mail, 2003, quoted in Smith, 2003, 21). There has been no review of the legal situation since 1999 (when the laws changed to allow for licensed brothels) although the Crime and Misconduct Commission (CMC) is presently undertaking one. The Prostitution Act 1999 tasks the CMC with evaluating the Act within three years of implementation. The Act will be evaluated according to the extent to which it has achieved its objectives within the evaluation period.
Those objectives are to: o regulate and control prostitution and related activities in Queensland; o maintain quality of life for local communities; o safeguard against corruption and organised crime; o address social factors that contribute to involvement in the sex industry; o ensure a healthy society; and o promote safety. The evaluation involves interviews with key stakeholders, surveys of sex workers and community members, and a review of the relevant literature and legislation in other jurisdictions. Evidence of physical or sexual abuse of sex workers will be an important measure. The Prostitution Licensing Authority has also recently funded research which they say 'is in the process of completion. ' The project consisted of four components: 1. A survey of sex workers; 2. A survey of clients of sex workers; 3.
A community attitude survey; and 4. Collection of data on sexually transmissible infections in Queensland. The reports that hopefully will emanate from these research endeavours may be of use when considering evaluation of the New Zealand situation. In Western Australia, the Prostitution Control Bill 2003 proposes that brothels be licensed by a dedicated licensing authority as well as requiring local government planning approval in certain circumstances. The legislation bans brothels in residential areas and permits them in industrial areas only if they are not within 300 metres of a school, church, child-care premises, or residential land. At the time of writing, this bill has not yet passed into law.
Decriminalisation: New South Wales New South Wales has essentially decriminalized prostitution through changing the laws regarding both street prostitution and brothel-keeping. Various prostitution offences are still contained within the Summary Offences Act 1988, however. These include inducing another to commit an act of prostitution, advertising prostitution services, and restrictions on soliciting in public places. The latter seeks to exclude street prostitution from areas 'near, or within view from, a dwelling, school, church, hospital or public place' (Smith, 2003, 4). An amendment introduced in 1999 (Section 19 A) sought to extend these restrictions to clients soliciting prostitutes, in an effort to reduce kerb crawling (seeking prostitution services by driving very slowly along the street). The Disorderly Houses Amendment Act 1995 abolished the offence of brothel-keeping, making brothels a legitimate commercial land use regulated through environmental planning mechanisms.
Under this Act, premises would constitute a brothel even if used by only one prostitute for the purposes of prostitution (Smith, 1999). All brothels were now required to obtain local government planning permission, although no licensing or registration of brothels was stipulated. In situations where nearby residents registered complaints concerning a brothel being disorderly, and it could be demonstrated that the brothel was having a detrimental effect on the local community, the councils were given the power to take action to close the premises through the Land and Environment Court. This legislation reduced police responsibilities for the regulation of brothels, a measure deemed salient in the wake of the Wood Royal Commission's finding evidence 'showing a clear nexus between police corruption and the operation of brothels' (Wood Royal Commission Final Report quoted in Brothels Task Force, 2001, 5).
The legislative reforms that were introduced, however, did not prevent police from pursuing legitimate enquiries in relation to drug possession or supply, child prostitution, immigration issues, or any other serious criminal offences reasonably suspected of being committed on brothel premises. In commenting on the changes, Sullivan has noted the advantages decriminalization has brought sex workers in terms of creating spaces for legal sex work, as well as expanding the scope for those in the indoor sector to be employees and have their work places regulated by occupational health and safety standards (Sullivan, 1999). New South Wales Health is responsible for addressing public health issues in brothels, providing sexual health services, and promoting AIDS awareness through its funding of SWOP (Sex Workers' Outreach Project). WorkCover is responsible for promoting workers' health and safety, and preventing workplace injury and illness. However, she also notes that employers in the New South Wales sex industry have been able to resist many of their obligations because the bulk of their employees are...
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