This resource contains information for sex workers on sex work laws in New South Wales (NSW). This page and associated links are intended for information purposes only, and should not be viewed as a definitive guide to the law.

Sex work laws are different in each state and territory. This means that sex work activities that are legal in one state may not be legal in another. Sex work laws can be confusing and difficult to follow, and can compromise our safety.

Most sex work laws in Australia relate to in-person sexual services, so this resource focuses on those kinds of sex work.

If you’ve been charged or received a fine or official notice while doing sex work or want more information on sex work laws, contact SWOP NSW.

New South Wales sex worker peer organisation

New South Wales’ peer-only sex worker organisation is the Sex Workers Outreach Project (SWOP) NSW. SWOP NSW is based on Gadigal land in Sydney, and provides peer education & support, counselling, referrals, safer sex supplies, injecting equipment and other services. You can visit SWOP NSW’s office, or catch up with peer workers at outreach in Sydney and across rural and regional NSW.

Decriminalisation in NSW

Sex work in NSW is mostly regulated through:

• Planning laws and regulations (administered by local councils)
• Workplace health and safety law
• Public health law.

There are still laws and restrictions that sex workers need to be aware of:

1. Street based sex work is restricted to certain areas
2. Sex work establishments (sex services premises and escort agencies) are subject to workplace health and safety law, public health law, and local council regulations. There are a small number of criminal laws relating to sex work establishments, but these are rarely enforced.
3. There are laws restricting sex work advertising, but these are rarely enforced.
4. Local councils can create planning laws that:

• prohibit sex services businesses or restrict them to certain areas
• create restrictive approval conditions making it difficult for sex services businesses to comply with planning requirements
• prohibit independent (private) sex workers from operating, or restrict them to certain areas.
• Sex services businesses and independent (private) sex workers may also face restrictions and discrimination from landlords and building management organisations. For more information, see ‘Anti-Discrimination’.

Relevant legislation
Summary Offences Act 1988
Public Health Act 2010
Crimes Act 1900