Representatives from the Australian Sex Workers Association Janelle Fawkes (Manager of Scarlet Alliance) and Alina Thomas (President of Scarlet Alliance and Project Manager of the Sex Workers Outreach Program, NT) presented the forum at the Uniting Church Hall, 78 Smith Street, Darwin. The objectives were to present workplace issues, legislation issues and other factors culminating into stigma and discrimination against Northern Territory Sex Workers and the impact this was having on individuals and the Sex Industry as a whole. The forum attracted attendees from Racing, Gaming & Licensing; the NT Police; the Sexual Health and BBV unit; Clinic 34 and the NT Aids & Hepatitis Council to name a few. Several Sex Workers and at least one agency owner was present also.

Attendees were presented with an information sheet outlining comparisons between the Northern Territory Sex Industry and its registration/legislation and the similar licensing regime of the Sex Industry in other States. The information sheet began with an evaluation from AFAO and Scarlet Alliance on the objectives that good Sex Worker legislation should follow. It then made comparisons with 2 other States (QLD & Vic) showing how similar legislation/licensing had failed and the results of these failures. A summary of the reasons why NT Sex Workers choose not to be registered was followed by the negative outcomes of this licensing/registration of workers in the Sex Industry becoming compulsory. The view that registration and/or licensing of Sex Workers should be abolished was clearly stated in the last 3 paragraphs where, under Anti-Discrimination legislation “it is illegal to discriminate against a person based on their occupation,” which licensing and/or registration of Sex workers clearly does.

Alina Thomas began with a review of the current NT Prostitution legislation. She stated that although the NT Government had agreed that the legislation was in need of change, the review process clearly did not allow for enough input from the industry it legislates i.e. The Sex Industry and more precisely the Sex Workers within that industry. Alina explained that because of delays in the legislation being finalized, increased policing of agencies had begun to occur. Alina pressed on the point that there was no need for the police to be involved in the Sex Industry unless there was some sort of criminal activity happening (NT Sex Workers are required to register with the police to be able to work for an escort agency). She went on to say that since Sex Work is legal why have the police involved at all, as there are already enough criminal and business laws to cover any misdemeanors within the industry. Alina stressed heavily on the lack of Occupational Health & Safety regulation; complaints mechanisms; Anti-Discrimination legislation and the lack of Sex Workers on the Legislation Review Committee.

Janelle Fawkes took us back to 1990 with a look at how the original NT Prostitution Legislation came about. From parliamentary documents of that time Janelle read how politicians were concerned about of the possibility of juveniles being exploited and crime becoming rampant within the Sex Industry. The opinion at the time was that police should have control over the industry to ensure that this didn’t happen. Syd Sterling was quoted asking, “Unless their actually is a crime why should the police be involved?” Janelle surmised that this original legislation was nothing more than “Police Surveillance.”

Alina Thomas gave us the negative points actuating from the current NT Prostitution Legislation. She pointed out the legislations reference to condom provision, where it says that the agency must make condoms available to the workers. Unfortunately, it does not state that they should be provided free of charge, where they are to be made available from or how the worker is to go about obtaining them. The legislation also prevents a worker from working from a serviced apartment. Alina pointed out that the majority of accommodation in Darwin (including hostels, backpackers, the YMCA etc) is all serviced and that therefore there are very few places for a worker to work from in Darwin. Another requirement of the legislation is that a booking can not be taken from the same room where the service is to be provided. Accordingly this clause would have private workers either taking bookings in the hallway of a hotel or perhaps even out on the street, both where anyone passing by could hear and know immediately what the worker did for a living and who they were. As far as OH&S, the current legislation will not allow a private worker to have a security person with them or failing that another worker to work with them from the same room. Lastly but certainly not the last, the legislation prevents a person from working who has a drug conviction or been convicted of a violent crime. In this case a worker who took drugs in their teens will never be allowed to be a Sex Worker in their entire lifetime despite being free of drugs now. Therefore the legislation discriminates against a person for their past actions in that it does not allow for change.