Since the partial decriminalisation of sex work in NSW, the sex industry is regulated by the appropriate regulatory bodies, like any other workplace.
These could be:
Since the partial decriminalisation of sex work in NSW, the sex industry is regulated by the appropriate regulatory bodies, like any other workplace.
SWOP NSW offers training to owners and operators of sex service premises and businesses who would like to further understand their obligations.
Owners and Operators of sex service premises and businesses have obligations under the SafeWork Act
Failure to comply with Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2025 can result in penalties such as significant fines, enforceable undertakings, or even imprisonment.
All employers must have workers compensation insurance to cover all workers employed by them. All workers, whether they are employees or independent contractors, are protected by the Work Health and Safety Act 2011.
Owners and operators must:
You can find more information regarding your SafeWork obligations here.
Local government is primarily concerned with land use planning under the Environmental Planning and Assessment Act 1979 (the EPA Act) and the operation of premises in accordance with the Local Government Act 1993. Conditions of consent may include operating to an approved plan of management. Each local council has different zoning rules, application processes, and development controls.
Council visits to SSP may be due to a complaint, relate to noise or other disturbance, or following on from council approval.
Council officers can conduct periodic inspections. If requested by the owner or occupier, the council officer must produce written permission from the council to enter the workplace.
Under the Fair Work Act 2009 (Cth*), all workers, including sex workers, are entitled to general workplace protections regardless of visa status. These include the right to be paid, fair conditions of work, negotiating contracts, and protection from coercion, harassment, bullying and discrimination.
Owners and operators are responsible for having appropriate contracts for sole traders or paying entitlements such as leave or superannuation for employees.
*Cth – Commonwealth (federal law).
Sex work is mostly decriminalised in NSW, which means police do not regulate sex industry workplaces. Individual sex workers may rely on the criminal justice system to handle crimes that they have experienced at or outside of their workplace.
Owners and operators may be liable under updated NSW laws.
Updates to the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 say that it could be sexual assault if someone is forced or intimidated into doing bookings, or activities in a booking that they don’t agree to (e.g. coercion under the threat of losing shifts, being physically prevented from leaving the room).
Additionally, the Crimes (Domestic and Personal Violence) Act 2007 was updated to protect sex workers from ‘outing’ (intentionally disclosing or threatening to disclose that the person is, or has been, a sex worker without the person’s consent – for the purpose of intimidating that person.)
SWOP NSW have developed a Sex Worker Sensitivity Training (SWST) program that directly supports reducing stigma, workforce development, and improving access to services for sex workers.
This training can also be delivered to the owners and operators of sex service premises or sex service businesses.
SWST can assist with:
SWOP NSW also provide:
