Victoria has become the third jurisdiction in the country to decriminalise sex work in what has been described as a "historic day" by advocates and state MPs.
Following hours of debate on Thursday, the upper house voted 24 to 10 in favour of a bill to repeal offences and criminal penalties for consensual sex work between adults.
The vote was met with a round of applause with advocates watching on, as the Labor government gathered the support of 10 crossbenchers to successfully pass the bill.
The opposition voted against the bill.
How will the law change?
The Sex Work Decriminalisation Act 2021 will partially abolish street-based sex work offences and associated public health offences, remove a licensing system and regulate the industry through existing agencies.
The proposed reforms strengthen anti-discrimination protections, making it unlawful to deny sex workers accommodation, and will include added protections of "profession, trade or occupation” in the Equal Opportunity Act.
The laws will include a new offence, preventing street-based sex work from being carried out near schools, care services and places of worship between 6am and 7pm and on holidays.
Victoria is the third jurisdiction in the country to decriminalise sex work after New South Wales in 1995 and the Northern Territory in 2019.
'Historic day'
Minister for Consumer Affairs Melissa Horne welcomed the bill's passage and said the government will soon get to work in creating the industry's new framework.
"This is a historical day and a ground-breaking step towards ensuring sex workers receive the same rights as any other employee in the state," she said.
"Sex work is legitimate work and should be regulated through standard business laws. We'll establish a new regulatory framework and ensure an efficient transition to the new business model."
Minister for Women and Prevention of Family Violence Gabrielle Williams said sex workers would no longer have to "make the impossible choice between working legally or keeping themselves safe".
Reason Party leader Fiona Patten, a former sex worker, said the reforms were long overdue.
"This bill is for everyone who has been working under these draconian laws that have not protected us," she said during the upper house debate.
Ms Patten, who spearheaded the campaign to decriminalise sex work, was tasked with leading the government's review in November 2021 which began the roadmap to the new reforms.
While sex work was already legal in Victoria, it could only take place under the strict regulatory conditions set out in the Sex Work Act 1994.
Brothels and independent sex workers were previously required to obtain a licence in order to receive authorised approval by the government.
For those working legally, their details were placed on a permanent register that would appear in police checks and could affect future employment prospects.
, in fear they will find a 'whore stigma' placed against them when accessing the criminal justice system.
Sex Work Law Reform Victoria spokesperson Matthew Roberts said the new laws will bridge the gap between sex workers and police, providing them with the safety mechanisms they are entitled to.
While Animal Justice Party MP Andy Meddick attempted to move an amendment in order to remove the register, the government confirmed it will be destroyed.
But Opposition Leader Matthew Guy suggested the bill would "open up every suburban street, every suburban house to be ... a brothel."
Victoria's first round of sex work reforms are scheduled to come into effect in May, including the removal of criminal penalties, the introduction of anti-discrimination protection and changing advertising controls.
The remainder of the reforms are expected to be ready by December 2023, including a repeal of the Sex Work Act 1994.
The government said it will work with sex workers, their peer organisations, local councils and other key stakeholders to help implement the reforms.
With AAP.
