Cr Bill McArthur, MAV President said that since 2003 local government had been calling for changes to strengthen the capacity of all agencies to deal with unlicensed brothels, and particularly the restoration of an explicit role for the police.
“Legislation to combat illegal brothels has been deficient, relying too heavily on the powers of authorised council officers to investigate permit requirements of planning schemes.
“As a result, the local government sector unreasonably found itself at the forefront of enforcement action against these unlicensed operations.
“Yet illegal brothels are more than just a planning matter. They’re a significant problem associated with other criminal behaviour and have negative social, health and community safety impacts.
“While we’re supportive of a continued role for councils in enforcing compliance with local planning schemes, it’s pleasing the Government has acted to address this long-standing oversight,” he said.
Action against illegal brothels can be taken by various agencies as prescribed in the Sex Work Act, the Crimes Act, the Prostitution Control Act and the Prostitution Control Regulations, the Health (Infectious Diseases) Regulations, and the Planning and Environment Act.
The Sex Work and Other Acts Amendment Bill 2011 introduced to Parliament this week proposes specific police entry and enforcement powers to effectively shut down illegal brothels operating without a permit. Previously, these powers had primarily been held by councils.
Cr McArthur said that while 2009 law changes had expanded definitions and clarified the types of evidence that could be used in court to prosecute unlicensed brothels, those reforms had failed to clarify agency roles and responsibilities.
“Given the numerous laws and agencies involved, it’s critical that a lead agency is specified.
“Enforcement of illegal brothels falls across numerous jurisdictions and successful action usually requires collaboration between the police, councils, consumer affairs, immigration and health authorities.
“This approach has already been recognised with the State Government’s introduction of a multi-agency taskforce, and will be further strengthened through the new laws.
“The MAV is hopeful that the tougher new police powers will be supported by appropriate resources being allocated by all agencies.
“There must be sufficient capacity within each enforcement agency to contribute to a partnership approach that delivers stronger enforcement action against illegal brothels,” he said.
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Contact MAV President, Cr Bill McArthur on 0437 984 793 or MAV Communications on 03 9667 5521.