Sexxx Laws: Decriminalisation in NSW

In all of their literature, Touching Base repeatedly accredit their success, as both an organisation and an advocate, to the decriminalisation of the NSW’s sex industry. It allows them to operate and to campaign openly freely the rights of both those with disabilities and sex workers. With that in mind, I thought I’d look into the laws of our state and the history of how we came to be so damn progressive.
Sex work is regulated by state government and as such the laws differ from state to state. NSW decriminalised the sex industry in 1995, an incredibly progressive move for any state. Decriminalisation allows the best options for sex workers in terms of their own health, safety, and personal agency. However, decriminalisation was not designed with their best interests in mind. The laws were based on the Wood Royal Commission of 1994-1997, or as I previously knew it to be – Underbelly: The Golden Mile.
Australia has a long history of police corruption in prostitution; one I imagine is not specific to our country alone. Sandra Egger’s research into the early days of the colony has found a history of payments to police to keep brothels operating. This I’m sure is not surprising, the two seem to go hand in hand. Egger highlights the early 1960s to 79 as the ‘high point for police corruption.’ Coincidentally from 1968 to 1979, NSW’s laws were the most restrictive they had or have ever been. Payments to the police were seen as an operating cost for sex workers and brothel owners. This ‘mentality’ (read corruption) naturally carried over into the 1980s and 90s and what better area for it to flourish than Kings Cross. The Wood Royal Commission was instigated after claims of a paedophile network making payments to police to avoid arrest. These stories dominated the press and even looking back now they are hard to read. The Wood Commission would go on to acknowledged a widespread endemic of corruption throughout jurisdictions, but in no precinct was it as concentrated and as prolific as in Sydney’s notorious Kings Cross. A day in the Kings Cross precinct was described in SMH by a former officer:
The hours of duty for a detective on the day shift were between 8.30am and 5pm…Morning coffee commenced about 9am and continued until about 11.30am, whereupon there was a discussion about a suitable luncheon venue, which lasted until about 12.15, then lunch commenced and usually concluded about 3.30pm. It was followed by an ale or dozen at the infamous Macleay Street drinking establishment, the Bourbon and Beefsteak.
Honestly, why wouldn’t you want to be a cop? You just get to hang out with your mates and drink all day! In order to avoid jail time however one of these cops, Trevor Haken, ‘rolled over’ as they say, which was a pretty big get for the Commission. Haken’s car was fitted out with surveillance in which he captured evidence of senior detectives accepting bribes. Haken’s evidence was crucial in spurring the Commission on, a Commission which attacked all sides of the force in an attempt to break down the code of silence which prevailed. The Wood Commission found evidence of:
process corruption; gratuities and improper associations; substance abuse; fraudulent practices; assaults and abuse of police powers; prosecution— compromise or favourable treatment; theft and extortion; protection of the drug trade; protection of club and vice operators; protection of gaming and betting interests; drug trafficking; interference with internal investigations, and the code of silence; and other circumstances suggestive of corruption.
This is summed up in the catchphrase of the report: a ‘state of systemic and entrenched corruption’. Why is this interesting in relation to sex worker laws? When I first started reading about sex laws in NSW I looked at gender studies and sexual citizenship, I assumed it was something couched in the shifting political scene and second wave feminism and indeed there is an argument to this. But essentially the progressive laws that sex workers are so proud of here in NSW were not made with their best interests in mind. They were made to limit further possibilities of corruption within the police force. If prostitution is legal then it reduces the opportunity for officers to accept and enforce a ‘taxing’ system.
In 2015, the state government flirted with the idea of a new licensing system for the sex industry. The system would have appointed the police as regulators of the industry, a scary proposal for those who can remember the 90s and/or what happened on Underbelly. Touching Base, The Scarlet Alliance and Sex Workers Outreach Program (SWOP) fought this hard. They argued that the threat of regulation would result in brothels and workers heading underground, making health and education services harder to access. It would also jeopardise the safety of workers by shifting the nature of their relationship to the police, they would no longer feel safe to seek police assistance in times of need. And it would, of course, increase the opportunity for corruption. In May 2016 the government elected against the licensing system in NSW, reasoning that the proposal would incentivise non-compliance and would be of high cost to the government themselves.
NB: I have the utmost respect for the police and sex workers alike. I think they’re both great! And this is in no way an extensive review of the Wood Royal Commission which is in and of itself fascinating. This post could have gone on for days. I recommend having a google of it if you’re that way inclined.

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