What Are the Laws Governing Prostitution in Sydney?

Unlike many other cities and countries around the world, prostitution in Sydney and NSW is legal, but there are a number of regulations governing the sex industry, and how sex workers operate.

What is the minimum age for a sex worker?

In New South Wales, anybody who is over the age of 18 is legally allowed to provide sexual services in exchange for money, favours, or goods. However, it is illegal for persons under the age of 18 to work in the sex industry or for anyone to employ them as a sex worker.

Under Section 91E of the Crimes Act 1900 (NSW), it is a criminal offence for an employer to hire someone under the age of 18 to work as a sex worker, as this constitutes ‘obtaining benefit from child prostitution’. A person convicted of this offence can face a prison sentence of up to 10 years. If the victim is under 14 years old, the maximum sentence increases to 14 years imprisonment. Additionally, clients who engage with sex workers under the age of 18 can also be prosecuted under relevant child prostitution laws.

Furthermore, it is an offence for individuals under 18 to enter a brothel. If a brothel or any other licensed sex premises is found to be providing services to clients underage, they can face penalties.

While the law protects underage individuals, it is important to note that the underage sex worker themselves will not be charged for working. The responsibility falls on the employer or anyone involved in exploiting the minor, who can face prosecution for child prostitution-related offences.

Where can prostitution take place in Sydney?

Brothels

In New South Wales, there are a number of licensed brothels and sexual services premises.

Brothels are defined as premises that are used, or have been used, for the purpose of prostitution in exchange for money, favours, or goods and are likely to be used for such purposes in the future. These premises operate under strict guidelines and are regulated by the local councils.

The term ‘brothel’ is broad and encompasses a range of different types of venues, including: 

• One worker premises – this can be a single sex worker, working from home or a room in a building.
• Massage parlours which may offer sexual services such as oral sex and hand relief.
• A full-service brothel with multiple workers.
• A sauna or a gentleman’s club.

For a brothel to be considered legal, they would have to apply to their local council and receive development consent. As with any other business, they must register the business, pay taxes, and comply with occupational health and safety.

Street work

Street-based sex work is not an offence in New South Wales, but there are strict regulations governing when and where street sex workers can solicit clients and perform sexual services.

Under the Summary Offences Act, while street-based sex work itself is not prohibited, there are strict regulations around solicitation and engaging in prostitution in certain public spaces. The law criminalises soliciting or engaging in sexual activity in specific locations, particularly when these activities are visible or occur near sensitive areas. Soliciting refers to approaching or inviting someone to purchase or offer sexual services, and this is specifically prohibited in areas where there is an increased risk of exposure or disturbance to the public.

Prohibited areas include:

• Near roads and footpaths, especially in view of residential properties, schools, churches, or hospitals.
• Within view of private homes, particularly in residential areas that are not commercial or retail spaces.
• Near schools, churches, and hospitals
• Public spaces near dwellings that are not part of a commercial or retail zone.

It is technically legal to solicit in licensed premises, but many licensees find this unacceptable, and, in some situations, it can potentially be a violation of liquor licensing laws.

Any manner of solicitation by clients or prostitutes which is done in a manner that harasses or distresses the other person is considered a criminal offence.

It is against the law to engage in sexual activity in or within view of a public place. This can include vehicles, parks or isolated industrial areas. Street-based sex work is regulated by the NSW police.

What penalties do I face if I break prostitution laws in Sydney?

If you run a business or work on a premises which is believed by the council to be a brothel and you don’t have permission to provide sexual services, the council can potentially close you down.

Brothels which are found to be employing underage staff or that don’t comply with health and safety laws can also be closed down, and the management may find themselves facing penalties from a fine to a long-term prison sentence.

Street-based sex workers who are caught soliciting illegally or engaging in sexual acts in a public place can also face criminal conviction.

Most solicitation offences are treated as summary offences, which means they will be dealt with in the local court with a maximum prison sentence of two years.

The maximum penalty for unlawful soliciting is three months’ imprisonment and/or a fine of $660, and the maximum penalty for performing a sex act in or within view of a public place is six months imprisonment.

If you have been charged with a prostitution offence, make sure you find an experienced criminal lawyer with a proven track record of defending prostitution-related charges.