From 2 August 2024, updates to the Anti-Discrimination Act are in place to reduce stigma and discrimination against sex workers.
Here’s what’s changing:
New protected attribute
The law used to protect people on the grounds of ‘lawful sexual activity’. This term is being replaced with ‘sex work activity.’ This wording change makes it clearer who the law is intended to protect.
Sex work activity means providing sexual services, or being a person who provides or used to provide sex work.
The definition of ‘sex work activity’ covers all kinds of sexual services for payment involving the use or display of the person’s body. This includes in-person sex workers, online content creators, adult film or photography models, and adult entertainment industry workers.
Removing the sex work accommodation exemption
Previously, landlords and hotel owners could refuse to rent, evict or otherwise discriminate against people they thought were involved in sex work.
This broad exception is being removed. Now, it will be unlawful for accommodation providers to discriminate against sex workers under the new attribute.
During the Queensland Human Rights Commission’s review of Queensland anti-discrimination laws, we heard that the exemption was leading to unfair treatment involving overcharging and eviction, which in turn caused housing insecurity and homelessness for sex workers.
Why are these changes happening?
These changes are happening at the same time as broader reforms which will decriminalise sex work. ‘Decriminalising’ involves removing the criminal offences that apply specifically to sex work. Sex work will be treated as an occupation or business, like any other, and will be subject to the same general, existing regulatory systems as other businesses.
Recent reports by the Queensland Law Reform Commission and the Queensland Human Rights Commission thoroughly considered the discrimination protections and recommended changes to increase the protections for sex workers under the law. These reports both found that sex workers experience stigma and discrimination at high rates and that the current law was inadequate to protect their human rights.