Page 5250 - Week 12 - Thursday, 28 October 2010
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earlier prostitution bill, on 16 October 1991. That bill provided for a much more complex and highly regulatory system of licensing, overseen by a board, similar to the Victorian system. That bill lapsed on 14 February 1992, as a result of an impending ACT election.
The second Moore bill reflected a more workable proposal which, in part at least, responded to the position put to him by the then Labor government. The government formally tabled its position on the 1992 bill in June of that year. On the basis of that position, the then Attorney-General, the late Terry Connelly, in debating the bill on 18 November 1992, proposed a number of amendments to it.
The proposed amendments focused principally on a policy of removing criminal laws based on the outdated and failed policy of prohibition of prostitution, and replacing them with laws designed to ensure that the community is protected from harm in relation to public health, that children are protected, and to ensure that people in the industry meet appropriate community standards in relation to health and other matters.
The amendments therefore provided, amongst other things, for a register of brothels and escort agencies. Registration would not be a pre-condition of legal establishment, but it would be an offence to fail to provide information to be recorded in the register. Mr Connelly said at the time:
By this means the location of businesses can be known and the identity of persons owning and running the business can also be known. This information will facilitate the regulation of the industry and also enable the Assembly and the public to be satisfied that it is open and above board.
The obligations of operators of brothels and escort agencies will include an obligation to take reasonable steps to ensure that persons infected with a sexually transmitted disease … do not work in the operator’s business.
The attorney also moved amendments relating to the location of brothels and for an objects clause. This bill was passed with support across the Assembly. At that time, other jurisdictions had taken varying approaches to the regulation of the sex industry. Victoria had adopted a highly regulated licensing system, which was cumbersome. Other states moved to a broad deregulatory approach, which did not address public health issues.
The Prostitution Act in its current form reflects a progressive and socially responsible approach to regulation of the commercial sex industry in the territory, which this government wishes to continue and to improve on. It must, however, be acknowledged that this act, being now not much short of two decades old, does need review. I expect that the committee inquiry will attract much debate about whether prohibition should be prohibited or deregulated, about whether licensing is beneficial for or invasive of human rights, and about whether regulation is effective in protecting the community or exposes people to greater danger.
Successive ACT governments have received a variety of submissions and recommendations from a wide range of stakeholders. There are many in our community who remain, or perhaps have become, strongly opposed to any system that
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