Page 1024 - Week 04 - Thursday, 18 June 1992

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PROSTITUTION REGULATION
Paper and Ministerial Statement

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services): Madam Speaker, for the information of members, I present a discussion paper entitled "Issues and Policy Options in the Regulation of Prostitution in the ACT" and move:

That the Assembly takes note of the paper.

Several Australian jurisdictions have recently legislated to regulate prostitution; and others, such as New South Wales, have introduced legislation or, such as Queensland, are considering recommendations from law reform bodies on reform of prostitution law. These developments have, for the most part, occurred since the period when the Legislative Assembly Select Committee on HIV, Illegal Drugs and Prostitution, chaired by Mr Michael Moore, was completing its interim report, "Prostitution", issued in April of 1991.

The discussion paper which I am tabling in the Assembly today and releasing for public comment has therefore been able to take account of the significant developments as well as to comment on the two Bills introduced by Mr Moore earlier this year. Those Bills are, of course, identical to the mark II Bills, as amended by Mr Moore, which he introduced into the previous Assembly in late 1991. The discussion paper also presents a suggested government position outlining a package of reforms based in part on Mr Moore's amended Bills and building on the work of the select committee. This package is designed to remove criminal sanctions based on what the Government considers to be an outdated policy of total prohibition of prostitution and to establish certain controls in the interests of the protection of public health, orderly planning and development and the interests of the workers and operators in the prostitution industry itself.

Madam Speaker, the industry has existed in Canberra for many years as a commercial operation generally tolerated by the community. We do not say that the community endorses or necessarily supports the prostitution industry, but its operation has been well known and there has been a de facto policy of containment and surveillance by the relevant authorities. This situation cannot be permitted to continue indefinitely. The operators, the workers in the industry and the whole community suffer a disadvantage by this situation which arises directly from the illegality and the de facto tolerance of that illegality. The Government believes that reform which would establish appropriate arrangements on a legal footing is preferable to the present situation. It is that practical concern which motivates the Government in putting forward this initiative. Of course, Madam Speaker, we do not propose to remove all existing criminal sanctions, and the discussion paper suggests that penalties relating to the involvement of children be retained and that some new offences be created to address certain health issues and other matters.


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