Annual Report

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Introduction and Highlights

Chapter 1 - Creating a Fairer Market

Chapter 2 - Addressing marketplace issues

Chapter 3 - Creating caring and confident communities

Chapter 4 - Showing leadership in dispute resolution

Chapter 5 - Optimising your capabilities

Appendices

Victoria - The place to be

 

Prostitution

Better education, regulation and enforcement of prostitution laws was a priority for us this year. We increased brothel inspections, agency engagement and education of licensees. We took court action against traders who broke the law and oversaw amendments to the Act that will make it easier to prosecute illegal brothels.

We assumed the role of lead agency coordinating inforcement action against alleged illegal brothels, and initiated a new era of agencies working together to address prostitution issues. We signed Memoranda of Understanding with Victoria Police and the Municipal Association of Victoria this year, outlining how we would share information and work together on joint inspections of alleged illegal brothels. We also collaborated with the Department of Human Services and Department of Immigration and Citizenship.

Consumer Affairs Victoria administers the Prostitution Control Act 1994, which aims to protect the health and safety of sex workers and prevent children and criminals from being involved in the industry.

During the year, we inspected 66 brothels run by licensed operators and inspected nine alleged illegal brothels. During the licensed brothel inspections, we found more than half were non-compliant with the Act or regulations. Contraventions included failure to display safe sex signage, alcohol found on the premises, and faulty or inaccessible alarms or communication devices in working rooms. Most non-compliant brothels had more than one contravention. Seven licensees received follow-up educational letters, 21 received warning letters, five licensees were further investigated, two had disciplinary hearings and one entered into an enforceable undertaking. One matter required no further action after the licensee immediately corrected a minor breach.

In December 2008, amendments to the Prostitution Control Act 1994 made it easier to prosecute illegal brothel operators and close illegal brothels. They also strengthened the administration and enforcement of licensing. To educate licensees and brothel managers about the changes, and to help them comply with the law, we developed draft guidelines for industry, including an explanation of the effective control requirements for licensees. We distributed the draft guidelines to industry and other stakeholders for consultation. We also commissioned a six-month research project on sex work in Victoria to inform our future strategies.

Consumer Affairs Victoria provides secretariat support to the Prostitution Control Act Ministerial Advisory Committee (PCAMAC), which advises the Minister for Consumer Affairs on prostitution issues. A report released by PCAMAC in October 2007, Improving the regulation of the sex industry and supporting sex workers who want to move on, recommended the government fund a case management-based program to help sex workers who want to leave the industry, which the Minister supported. The government published its response to the report this year, supporting in principle most recommendations.

We took court action against traders who breached the Prostitution Control Act 1994, including the cases below. See Appendix 3 for a full listing.

Brothel operator convicted

Unlicensed Dandenong brothel operator Jinna Shao was fined $2,500 in Melbourne Magistrates’ Court following a Consumer Affairs Victoria investigation. The operator admitted breaching the Prostitution Control Act 1994 by operating the Red Lantern brothel without a licence, and by advertising for staff. By failing to have the required alarms in an accessible position and failing to display safe sex signage, the operator also breached the Prostitution Control Regulations 2006. Consumer Affairs Victoria discovered the premises were being operated contrary to provisions under the Act that allow small owner-operators to offer prostitution services without being licensed, in prescribed circumstances.

Underage brothel worker identified

Consumer Affairs Victoria took civil action against brothel manager Siaw Chong after an inspection we conducted identified an underage person working at Pleasure Planet in Thomastown. Mr Chong was reprimanded and his approval as a manager of a prostitution service was suspended for 12 months.

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