Is It Legal to Pay for Sex in Australia?
It is one of those questions people type into Google late at night and never ask out loud. Is it legal to pay for sex in Australia? The short answer is that no state or territory makes it a crime to exchange money for sexual services between consenting adults. The longer answer is that every jurisdiction has its own set of rules around how, where, and under what conditions that exchange can happen.
The legal landscape has shifted significantly in recent years. Queensland decriminalised sex work in August 2024, and Victoria completed its staged reforms in late 2023. But other states still operate under decades-old legislation that criminalises everything around the act itself. Knowing where the lines are drawn matters, whether you are a client, a worker, or simply curious about how Australia handles one of the oldest industries in the world.
Why the Law Differs Across States
Australia does not have a single national law governing sex work. Criminal law falls under the jurisdiction of each state and territory, which means the rules can change dramatically depending on which side of a border you are on. This patchwork system has created three broad legal frameworks. Some states have fully decriminalised sex work, treating it as regular employment. Others have legalised it under strict licensing conditions. A handful still criminalise most activities associated with the industry, even though selling sex itself is technically not illegal anywhere in the country.
The push toward reform gained momentum in the 1970s and has not stopped since. A 1990 Australian Institute of Criminology report recommended removing criminal penalties for sex work entirely. NSW acted first, decriminalising street-based work in 1979 and legalising brothels in 1995. Other states followed at their own pace, often after years of political debate and multiple failed attempts. The trend is clearly moving toward decriminalisation, but the process has been slow and uneven.
Where Paying for Sex Is Fully Decriminalised
Four states and territories have removed most criminal penalties attached to sex work. New South Wales led the way and remains the most liberal jurisdiction in the country. Following the Wood Royal Commission’s findings of widespread police corruption in the sex industry, NSW passed reforms in 1995 that made brothels legal and treated sex work as a standard business. Workers do not need to register or hold a licence. Local council planning regulations apply the same way they would to any other commercial operation.
Victoria completed its own two-stage decriminalisation process in late 2023, repealing the Sex Work Act and removing registration requirements for businesses and individual workers. The Northern Territory passed the Sex Industry Act in 2019, making brothels, soliciting, and home-based sex work legal. Queensland was the most recent to follow, with the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act taking effect on 2 August 2024. Before that reform, an estimated 90 percent of sex workers in Queensland were operating outside the legal system. In all four jurisdictions, sex work is now treated as legitimate employment. Workers are covered by workplace health and safety laws, anti-discrimination protections, and standard business regulations.
Where It Gets Complicated
The remaining states and territories sit somewhere between full decriminalisation and outright prohibition. In the ACT, sex work has been legal since 1992, but brothels must hold a licence through Access Canberra. Private workers operating alone do not need to register. Tasmania allows sole operators and permits working with one other person, but brothels and street solicitation remain illegal under the Sex Industry Offences Act 2005. It is also one of the few jurisdictions where clients can be charged for not using a prophylactic.
South Australia has the most outdated laws in the country. Brothels, soliciting, and receiving money from another person’s sex work are all criminal offences under legislation that dates back more than 50 years. A 2025 decriminalisation bill introduced by Greens MLC Tammy Franks is currently before parliament, marking at least the fourteenth attempt at reform. Western Australia imposes some of the heaviest criminal penalties for sex work activities in the nation under the Prostitution Act 2000. While selling sex itself is not a crime, nearly everything surrounding it is. Both states are well behind the national trend, and workers in those jurisdictions face ongoing risk of police action despite doing work that is legal in most of the country.
I have worked across different states over the years, and the difference is stark. In one city I can operate openly, pay taxes, and access the same workplace protections as anyone else. Cross a border and the same work puts me at risk of a criminal record. Most clients have no idea the laws vary this much. They assume that because it is legal where they live, it is legal everywhere. That assumption can create real problems for both sides of the transaction.
How to Stay on the Right Side of the Law
Regardless of where you are in Australia, a few rules apply across every jurisdiction. The age of consent for sex work is 18 in all states and territories, no exceptions. Engaging with anyone under that age carries severe criminal penalties, including up to 15 years imprisonment in some jurisdictions. Trafficking, coercion, and forcing someone into sex work through threats or deception are serious offences everywhere. These laws have actually become stricter as decriminalisation has expanded, because removing penalties for consensual adult work allows law enforcement to focus on genuine exploitation.
For clients, the simplest way to stay legal is to use established operators. Licensed brothels, reputable agencies, and independent workers who advertise openly are far safer choices than street solicitation, which remains illegal in most states. If you are navigating an open relationship and considering seeing a sex worker, understanding your local laws first avoids unnecessary risk. Some jurisdictions still require condom use by law, while others have moved to a voluntary model backed by workplace health guidelines. Familiarising yourself with common condom mistakes is worth doing regardless of what the law requires. Safe practice protects everyone involved.
Key Takeaways
- Paying for sex between consenting adults is not a criminal offence in any Australian state or territory.
- NSW, Victoria, Queensland, and the NT have fully decriminalised sex work, treating it as regular employment.
- The ACT operates under a legalisation model requiring brothel licensing, while SA, WA, and Tasmania criminalise many associated activities.
- The minimum age for sex work is 18 across all jurisdictions, and trafficking or coercion carries severe penalties.
- Laws vary significantly between states, so understanding your local rules protects both clients and workers.
Frequently Asked Questions
Is it illegal to pay for sex anywhere in Australia?
No. The act of exchanging money for sexual services between consenting adults is not a criminal offence in any state or territory. However, associated activities like running an unlicensed brothel, street solicitation, or pimping are illegal in several jurisdictions.
Which states have fully decriminalised sex work?
New South Wales, Victoria, Queensland, and the Northern Territory have all decriminalised most aspects of sex work. Queensland was the most recent, with reforms taking effect in August 2024.
Can I get in trouble for visiting a brothel?
In states where sex work is decriminalised or legalised, visiting a licensed or legally operating brothel is not a criminal offence. In states like South Australia and Western Australia, where brothels remain illegal, both operators and clients may face legal consequences.
Are sex workers required to use condoms?
This varies by state. Some jurisdictions still mandate condom use under criminal or public health law. Others, including Victoria since decriminalisation, have moved to a voluntary model supported by workplace health and safety guidelines. Condom use remains strongly recommended regardless of the legal requirement.
Is South Australia going to decriminalise sex work?
A decriminalisation bill was introduced to the South Australian parliament in 2025 by Greens MLC Tammy Franks. It has passed the upper house in previous attempts but been defeated in the lower house. The outcome of the current bill is not yet confirmed.
Benjamin Higgins is a male escort and writer sharing real advice on sex, relationships, and intimacy—helping men become better lovers and partners.
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