What is sex work?

In legislation, sex work is now called ‘commercial sexual services’. Section 35(1) of the Crimes Act defines commercial sexual services as services involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others for:

  • (a) commercial benefit; or

  • (b) payment; or

  • (c) reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 (Vic)),

whether or not the commercial benefit, payment or reward accrues to, or is given to, the person providing the services or to another person.

For the purposes of this definition a person may provide services on a single occasion or multiple occasions (Crimes Act s 35(1A)).

  • On 1 December 2023, sex work was decriminalised in Victoria. Offences related to sex work involving children and coercion are located in the Crimes Act 1958 (‘Crimes Act’). The Summary Offences Act 1966 (‘SO Act’) includes certain sex work offences and regulates the advertising of sex work. 

    If you are charged with an offence, get legal advice (see Chapter 2.3: Legal services that can help).

  • Sex work in Victoria was decriminalised in 2023. Sex workers must be over 18 years old and choose to provide sexual services.

What is sex work?

Chapter: 3.4: Sex work

Contributor: Suzan Gencay, Family Violence and Victims Legal Service Coordinator, South-East Monash Legal Service

Current as of: 1 September 2024

Law Handbook Page: 149

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Advertising sex work