South Australia
Statutes Amendment (Decriminalisation of Sex Work) Bill 2018
A Bill For
An Act to amend the Criminal Law Consolidation Act 1935, the Equal Opportunity Act 1984, the Spent Convictions Act 2009, the Summary Offences Act 1953 and the Return to Work Act 2014

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Criminal Law Consolidation Act 1935
3	Amendment of section 5—Interpretation
4	Insertion of section 68AA
68AA	Provision of commercial sexual services to children
5	Amendment of section 270—Punishment for certain offences
6	Variation of Schedule 11—Abolition of certain offences
Part 3—Amendment of Equal Opportunity Act 1984
7	Amendment of section 5—Interpretation
8	Amendment of section 85T—Criteria for establishing discrimination on other grounds
9	Amendment of section 85U—Application of Division
10	Amendment of section 85ZA—Application of Division
11	Amendment of section 85ZB—Discrimination by associations
12	Amendment of section 85ZD—Application of Division
13	Amendment of section 85ZF—Discrimination by person disposing of interest in land
14	Amendment of section 85ZG—Discrimination in provision of goods and services
15	Amendment of section 85ZH—Discrimination in relation to accommodation
16	Amendment of section 85ZI—Charities
17	Amendment of section 85ZK—Measures intended to achieve equality
Part 4—Amendment of Spent Convictions Act 2009
18	Insertion of section 16A
16A	Certain convictions in relation to sex work taken to be spent
Part 5—Amendment of Summary Offences Act 1953
19	Amendment of section 4—Interpretation
20	Amendment of section 21—Permitting premises to be frequented by thieves etc
21	Repeal of sections 25, 25A and 26
22	Repeal of Part 6
Part 6—Amendment of Return to Work Act 2014
23	Amendment of section 4—Interpretation
24	Insertion of section 6A
6A	Additional provisions in respect of sex work
Schedule 1—Transitional provision
1	Application of section 128(1) of Return to Work Act 2014 to certain employers

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Decriminalisation of Sex Work) Act 2018.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935
3—Amendment of section 5—Interpretation
Section 5(1), definition of common prostitute—delete the definition
4—Insertion of section 68AA
After section 68 insert:
68AA—Provision of commercial sexual services to children
	(1)	A person must not provide commercial sexual services to a child.
Maximum penalty: 10 years.
	(2)	However, it is a defence to a charge of an offence against this section if it is proved that the defendant believed on reasonable grounds that the person to whom they provided commercial sexual services had attained 18 years of age.
5—Amendment of section 270—Punishment for certain offences
Section 270(1)(b)—delete paragraph (b)
6—Variation of Schedule 11—Abolition of certain offences
Schedule 11, clause 1—after paragraph (29) insert:
and
	(30)	offences relating to prostitution.

Part 3—Amendment of Equal Opportunity Act 1984
7—Amendment of section 5—Interpretation
Section 5(1)—after the definition of sexuality insert:
sex worker means a person who provides sexual services on a commercial basis;
8—Amendment of section 85T—Criteria for establishing discrimination on other grounds
	(1)	Section 85T(1), definition of discriminate—after paragraph (f) insert:
		or
	(g)	discriminate on the ground of being, or having been, a sex worker,
	(2)	Section 85T—after subsection (7) insert:
	(8)	For the purposes of this Act, a person discriminates on the ground of being, or having been, a sex worker—
	(a)	if the person treats another unfavourably because the other is, or has in the past been, a sex worker; or
	(b)	if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons who are, or who have in the past been, sex workers, or on the basis of a presumed characteristic that is generally imputed to persons who are, or who have in the past been, sex workers; or
	(c)	if the person treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs.
9—Amendment of section 85U—Application of Division
Section 85U—delete "or religious appearance or dress" and substitute:
, religious appearance or dress or being, or having been, a sex worker
10—Amendment of section 85ZA—Application of Division
Section 85ZA—delete "or caring responsibilities" and substitute:
, caring responsibilities or being, or having been, a sex worker
11—Amendment of section 85ZB—Discrimination by associations
Section 85ZB(2)—after paragraph (c) insert:
		or
	(d)	for persons who are, or who have in the past been, sex workers,
12—Amendment of section 85ZD—Application of Division
Section 85ZD—delete "or religious appearance or dress" and substitute:
, religious appearance or dress or being, or having been, a sex worker
13—Amendment of section 85ZF—Discrimination by person disposing of interest in land
Section 85ZF(1)—delete "or caring responsibilities" and substitute:
, caring responsibilities or being, or having been, a sex worker
14—Amendment of section 85ZG—Discrimination in provision of goods and services
Section 85ZG(1)—delete "or caring responsibilities" and substitute:
, caring responsibilities or being, or having been, a sex worker
15—Amendment of section 85ZH—Discrimination in relation to accommodation
	(1)	Section 85ZH(1)—delete "or caring responsibilities" and substitute:
, caring responsibilities or being, or having been, a sex worker
	(2)	Section 85ZH—after subsection (5) insert:
	(6)	This section does not apply to discrimination on the ground of being, or having been, a sex worker in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons who are, or who have in the past been, sex workers.
16—Amendment of section 85ZI—Charities
Section 85ZI(a)—after subparagraph (iv) insert:
	(v)	persons who are, or who have in the past been, sex workers; or
17—Amendment of section 85ZK—Measures intended to achieve equality
	(1)	Section 85ZK—delete "or persons with caring responsibilities" and substitute:
persons with caring responsibilities, or persons who are, or who have in the past been, sex workers
	(2)	Section 85ZK—delete "or persons without caring responsibilities" and substitute:
persons without caring responsibilities, or persons who are not, or who have never been, sex workers

Part 4—Amendment of Spent Convictions Act 2009
18—Insertion of section 16A
After section 16 insert:
16A—Certain convictions in relation to sex work taken to be spent
	(1)	Despite any other provision of this Act, a conviction of a person for a prescribed sex work offence will be taken to be spent on the commencement of this section (including, to avoid doubt, a conviction occurring after the commencement of this section).
	(2)	In this section—
prescribed sex work offence means—
	(a)	an offence against section 270(1)(b) of the Criminal Law Consolidation Act 1935; or
	(b)	an offence against section 21 of the Summary Offences Act 1953 involving premises frequented by prostitutes; or
	(c)	an offence against section 25, 25A or 26 or Part 6 of the Summary Offences Act 1953; or
	(d)	a common law offence relating to prostitution,
(in each case, as in force before the commencement of this section).

Part 5—Amendment of Summary Offences Act 1953
19—Amendment of section 4—Interpretation
Section 4(1), definition of prostitute—delete the definition
20—Amendment of section 21—Permitting premises to be frequented by thieves etc
Section 21—delete ", prostitutes" wherever occurring
21—Repeal of sections 25, 25A and 26
Sections 25, 25A and 26—delete the sections
22—Repeal of Part 6
Part 6—delete the Part

Part 6—Amendment of Return to Work Act 2014
23—Amendment of section 4—Interpretation
Section 4(1), definition of employer, (a)—after "subsection (7)" insert:
or section 6A
24—Insertion of section 6A
After section 6 insert:
6A—Additional provisions in respect of sex work
The following provisions apply in respect of the provision of sexual services on a commercial basis (not being the provision of a service that is prohibited under a law of the State):
	(a)	for the purposes of paragraph (b) of the definition of contract of service in section 4, the provision of such a service will be taken to be work of a prescribed class if—
	(i)	the work is performed by 1 person to the contract, arrangement or understanding (the worker) in the course of or for the purposes of a business carried on by another person to the contract, arrangement or understanding (the employer); and
	(ii)	the work is performed personally by the worker (whether or not the worker supplies any equipment); and
	(iii)	the worker does not employ any other person to carry out any part of the work;
	(b)	a reference to an employer in this Act does not include a reference to—
	(i)	a person to whom such services are personally provided; or
	(ii)	a person of a class prescribed by the regulations for the purposes of this paragraph;
	(c)	in determining an application under section 175, the Corporation must not refuse to extend the protection of this Act to a self‑employed person merely because the person is or has been engaged in the provision of commercial sexual services (other than where the provision of the services is prohibited under a law of the State);
	(d)	the regulations may exempt a specified class of persons or bodies from a specified provision of this Act.

Schedule 1—Transitional provision
1—Application of section 128(1) of Return to Work Act 2014 to certain employers
	(1)	This clause applies to an employer of a person who provides sexual services on a commercial basis.
	(2)	An obligation under section 128(1) of the Return to Work Act 2014 will be taken not to apply to an employer to whom this clause applies during the prescribed period.
Note—
That subsection provides that an employer must not employ a worker in employment to which that Act applies unless the employer is registered by the Return to Work Corporation of South Australia.
	(3)	Nothing in this clause—
	(a)	limits the operation of section 128(3) of the Return to Work Act 2014; or
	(b)	prevents—
	(i)	an employer to whom this clause applies from applying for registration by the Return to Work Corporation of South Australia during the prescribed period; or
	(ii)	such an application being processed by the Return to Work Corporation of South Australia during the prescribed period.
	(4)	In this clause—
employer has the same meaning as in the Return to Work Act 2014;
prescribed period means the period commencing on the day on which this clause comes into operation and ending 6 months after that day.