New laws may entitle sex workers
to compensation

15 March 2001 - If legislation regarding the sex industry is changed there may be repercussions not anticipated by the State Government, according to Rob Guthrie, Senior Lecturer at Western Australia's Curtin University of Technology, School of Business Law.

"If sex industry work becomes decriminalised the employment status of workers in the industry may be affected," Mr Guthrie said. "Currently workers employed under illegal contracts of employment may not have the protection of various employment laws. If that status changes then some sex workers may be entitled to a range of employment benefits".

"Some activities have been held to be illegal as they are against public policy. This is now less likely in the case of sex workers, especially with the prospect of decriminalisation. Already an industrial court decision in 1996 awarded damages to a sex worker in Kalgoorlie for unfair dismissal."

He observed that sex workers would probably be entitled to workers compensation for work -related injury and disease. And this could produce an 'interesting effect' on premiums. It would also necessitate reporting of injuries and diseases contracted to insurers.

"Brothel owners would be required to insure all workers for compensation purposes. The current compensation laws already make provision for payment of compensation where the contract of employment is illegal."

"Occupational Health inspectors would also have a role to play in inspecting premises to ensure that they are safe places to work."

Rob Guthrie noted that the current debate were focused on health and crime issues, but wider issues should be considerated. Technically it could be possible that sex workers might be covered by awards or workplace agreements.