Sex Work Regulations 2016 (Vic)
Version No. 003
Sex Work Regulations 2016
S.R. No. 47/2016
Version incorporating amendments as at
10 May 2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provisions
3Commencement
4Revocation
5Definition
Part 2—Safety requirements
7Safety requirements
10Safety matters relevant to suitability of applicants
Part 5—Sexual slavery signage
13Signage relating to sexual slavery
14Prescribed location for display of prescribed signage
Part 6—Other matters
15Certificate of Registrar
16Infringement offences and infringement penalties
Schedule 1—Sex Work Act 1994
Schedule 2—Certificate of Registrar
Schedule 3—Infringement offences and infringement penalties
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 003
Sex Work Regulations 2016
S.R. No. 47/2016
Version incorporating amendments as at
10 May 2022
Part 1—Preliminary
1Objective
The objective of these Regulations is to prescribe for the purposes of the Sex Work Act 1994—
* * * * *
(b)requirements for the safety of persons working in a sex work business; and
(c)safety matters relevant to the suitability of licence applicants; and
* * * * *
(f)the form and location of signage regarding sexual slavery; and
(g)the form of Registrar's certificates; and
(h)additional infringement offences and the infringement penalties for those offences.
2Authorising provisions
These Regulations are made under sections 18, 60A(2), 68 and 90 of the Sex Work Act 1994.
3Commencement
These Regulations come into operation on 1 June 2016.
4Revocation
The following Regulations are revoked—
(a)the Sex Work Regulations 2006[1];
(b)the Prostitution Control (Fees) and Prostitution Control Amendment Regulations 2010[2];
(c)the Prostitution Control Amendment Regulations 2010[3];
(d)the Sex Work Amendment (Infringements) Regulations 2012[4];
(e)the Sex Work Amendment Regulations 2013[5].
5Definition
In these Regulations—
* * * * *
the Act means the Sex Work Act 1994.
Part 2—Safety requirements
* * * * *
7Safety requirements
(1)A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not misrepresent the qualities of any sex worker.
Penalty:40 penalty units.
(2)A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.
Penalty:40 penalty units.
(3)The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not misrepresent the qualities of any sex worker.
Penalty:40 penalty units.
(4)The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.
Penalty:40 penalty units.
* * * * *
10Safety matters relevant to suitability of applicants
For the purposes of section 38(1)(d) of the Act, it is a requirement that the applicant ensures—
(a)that all sex workers, receptionists and managers are aware of the requirements of regulation 7; and
(b)that regulation 7 can and will be complied with at all times.
* * * * *
* * * * *
Part 5—Sexual slavery signage
13Signage relating to sexual slavery
(1)For the purposes of section 60A(1) of the Act, the prescribed signage is the sign set out in Schedule 1 with black print on a white background in point type no smaller than
12 point type.
(2)The prescribed signage must include any non‑English translations of the sign set out in Schedule 1—
(a)approved by the Director; and
(b)in a form approved by the Director, with black print on a white background in point type no smaller than 12 point type.
14Prescribed location for display of prescribed signage
For the purposes of section 60A(2)(b) of the Act, the prescribed locations where the prescribed signage must be displayed are—
(a)a conspicuous location in the reception area of the premises of the sex work service providing business from which the signage is visible to, and able to be read by, any person in the reception area; and
(b)a conspicuous location in every room used for sex work in those premises from which the signage is visible to, and able to be read by, any person in the room.
Part 6—Other matters
15Certificate of Registrar
For the purposes of section 89(2) of the Act, the certificate must be in the form of Schedule 2.
16Infringement offences and infringement penalties
For the purposes of section 89A(1) of the Act—
(a)an offence specified in column 2 of Schedule 3 is a prescribed offence in respect of which an infringement notice may be issued; and
(b)the prescribed infringement penalty for each infringement offence is the penalty specified in column 3 of the corresponding entry of Schedule 3.
Schedule 1—Sex Work Act 1994
Regulation 13
ARE YOU AFRAID TO SAY NO TO SEX WORK?
YOU MAY BE A VICTIM OF SEXUAL SLAVERY IF
·you were lied to or tricked into sex work
·you don't get paid for doing sex work
·someone else controls your money or passport
·you owe money to someone who forces you to do sex work
The police can PROTECT and HELP you.
Call the Australian Federal Police on 131 237
or Victoria Police on 000
or email [email protected]
If you think you or someone else is a victim call Crime Stoppers Victoria on 1800 333 000. You don't have to say your name.
Schedule 2—Certificate of Registrar
Regulation 15
Sex Work Act 1994
CERTIFICATE OF REGISTRAR
With respect to the register referred to in section 55(1) of the Sex Work Act 1994, I certify that—
Dated:
Signed:
Registrar
Business Licensing Authority
Schedule 3—Infringement offences and infringement penalties
Regulation 16
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| * * * * * | ||
| 2 | An offence against section 17 of the Act | 4 penalty units |
| * * * * * | ||
| 8 | An offence against section 21(1)(a) of the Act | 5 penalty units |
| 9 | An offence against section 21(1)(b) of the Act | 5 penalty units |
| 10 | An offence against section 52(4) of the Act | 6 penalty units |
| 11 | An offence against section 60A(1) of the Act | 1 penalty unit |
| * * * * * | ||
| * * * * * | ||
| * * * * * | ||
| * * * * * | ||
| * * * * * | ||
| * * * * * | ||
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Sex Work Regulations 2016, S.R. No. 47/2016 were made on 24 May 2016 by the Governor in Council under sections 18, 60A(2), 68 and 90 of the Sex Work Act 1994, No. 102/1994 and came into operation on 1 June 2016: regulation 3.
The Sex Work Regulations 2016 will sunset 10 years after the day of making on 24 May 2026 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sex Work Regulations 2016 by statutory rules, subordinate instruments and Acts.
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Sex Work Amendment Regulations 2017, S.R. No. 93/2017
Date of Making: 12.9.17 Date of Commencement: 1.10.17: reg. 3
Sex Work Amendment Regulations 2022, S.R. No. 22/2022
Date of Making: 27.4.22 Date of Commencement: 10.5.22: reg. 3
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3 Explanatory details
[1] Reg. 4(a): S.R. No. 64/2006. Reprint No. 1 as at 1 December 2010. Reprinted to S.R. No. 106/2010. Subsequently amended by S.R. Nos 41/2012 and 2/2013.
[2] Reg. 4(b): S.R. No. 97/2010.
[3] Reg. 4(c): S.R. No. 106/2010.
[4] Reg. 4(d): S.R. No. 41/2012.
[5] Reg. 4(e): S.R. No. 2/2013.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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