Latest Legal Info

Access the latest updates on Victorian sex work legislation/regulations and any upcoming changes…

CLARIFYING “BODY SHOTS” IN ‘SEX WORK REGULATIONS 2016’
January 2017

*Please note this is general information only and does not constitute legal advice*

When the ‘Sex Work Regulations 2016’ came into force on the 1st of June 2016 there was confusion over the ‘Advertising Controls’ section, specifically part 5(a), 5(b) and 5(c) – this section is commonly referred to as “body shots” as it encompassed changes that allowed sex workers to use full body pictures in internet advertising (where they had previously been restricted to head and shoulders only):

“..(5) An advertisement for a business carried on by a sex work service provider that is published on the Internet may contain a photographic or other pictorial representation of a person which is not restricted to the head and shoulders, provided that the advertisement does not contain a photographic or other pictorial representation of—
(a) the bare sexual organs, buttocks or anus of a person, or frontal nudity of the genital region; or
(b) bare breasts; or
(c) a sexual act or simulated sexual act..”

Vixen Collective conducted a ‘snap consultation’ with Victorian sex workers in early June 2016 to understand the issues being experienced with the changes to ‘Advertising Controls’ and after discussions with Consumer Affairs Victoria (CAV) consulted St Kilda Legal Service on this issue.

In mid-December 2016 St Kilda Legal Service received feedback from the Deputy Secretary, Regulation & Director of Consumer Affairs Victoria, Mr Simon Cohen – indicating that CAV supported the following:

With regard to section 5(a):

  • Sheer underwear may be worn but it cannot be completely transparent
  • Very short shorts, hot pants, thong and G-string underwear can be worn but it must cover the genitalia and anus of a person
  • This includes – the use of head hair, shadows, censorship bars or blur/special effects, another body part or product to cover the area

With regard to section 5(b):

  • The nipple/areola of a female’s breasts must be covered in all advertisements
    Otherwise exposure of the rest of the breasts is appropriate
  • This includes – the use of head hair, shadows, censorship bars or blur/special effects, another body part or product to cover the area

With regard to section 5(c):

Access the ‘Advertising Controls’ section of the ‘Sex Work Regulations 2016’ here:
http://www.austlii.edu.au/au/legis/vic/consol_reg/swr2016238/s11.html

Read more about these changes and see the feedback from the CAV at the St Kilda Legal Service website here:
http://www.skls.org.au/sex-work-advertising/

Vixen Collective thanks both Victorian sex workers – for contributing to the snap consultation – and St Kilda Legal Service – for contributing their time and energy without charge in assisting to achieve this important clarification of the regulations.

 

CONFUSION OVER ‘ADVERTISING CONTROLS’ IN NEW SEX WORK REGULATIONS
June 2016

As indicated in Vixen Collective’s submission to the February review of the draft ‘Sex Work Regulations 2016’ the changes to the ‘Advertising Controls’ section have proved to be too vague and difficult to interpret to be usable.

Vixen Collective has conducted a ‘snap consultation’ with Victorian sex workers to collect feedback on the issues with the changes with the ‘Advertising Controls’ section and is working to address this directly with Consumer Affairs Victoria.

 

‘SEX WORK REGULATIONS 2016’ FAIL VICTORIAN SEX WORKERS
June 2016

Despite substantial feedback on the draft ‘Sex Work Regulations 2016’ the newly released regulations have failed to take account of community feedback and contain only minimal changes to the ‘Advertising Controls’ section of the regulations.

See Vixen Collective’s Media Release here:
http://vixencollective.net/wp-content/uploads/2016/10/Sex-Work-Regulations-Victoria_Media-Release_June-2016_Vixen-Collective.pdf

 

REVIEW OF ‘DRAFT SEX WORK REGULATIONS 2016’
February 2016

The Victorian Government has released a draft of the proposed ‘Sex Work Regulations 2016’ which is available for review on the Consumer Affairs website.

Vixen Collective’s submission to the draft regulations can be accessed here:
https://www.consumer.vic.gov.au/library/publications/resources-and-education/legislation/public-consultations-and-reviews/sex-work-regulations-2016-consultation-vixen-collective.pdf?la=en

 

Victorian Sex Workers Fighting for Respect