The most frequently asked questions about the AGSPAG report and recommendations

The attached factsheet contains answers to the most frequently asked questions about the Attorney General's Street Prostitution Advisory Group's report and recommendations.

 Most frequently asked questions

Street prostitution has been part of the social structure of St Kilda for as long as anyone can remember.  History has shown that attempts to eradicate this problem with prohibition or a “zero tolerance” approach have seen it disappear temporarily only to emerge in another location in the local area. 

In 2001, the Victorian Attorney General, the Hon Rob Hulls, established a Street Prostitution Advisory Group (AGSPAG) to examine the issue of street prostitution in the City of Port Phillip.  Represented on the group are local residents, councillors, traders, local health workers, sex industry workers and Members of Parliament and State Government departments.

In recognising that total abolition or eradication was not going to work, the task of the group was to provide advice as to how this issue could be best managed. The advisory group met over an 18-month period and considered many approaches to resolving this issue based on similar experiences from around the world.  In its interim report released on 21 September, 2001, the Street Prostitution Advisory Group made a total of 17 recommendations, resulting from the Advisory Group's discussions about various street prostitution issues.  Following extensive community consultation on the interim report, the final report on street sex work has now been endorsed by the State Government and was launched on Wednesday June 19, 2002.  (A copy of the report is available below, on this page).

The council, consistent with the process outlined in the committee's report, sought advice from the community as to what it - the community - considered to be appropriate sites, consistent with the Advisory Group's selection criteria for the establishment of tolerance or pick up areas.  The community identified some 93 potential sites and after applying the criteria the council selected four sites that seemed to be consistent with the majority of criteria. The council reported its findings to the community and this resulted in a spirited debate both within the community as well as in the media. From the feedback received by the council it was apparent that many people in the community had only become aware of the AGSPAG report and its outcomes when they found out about the sites suggested by the Council for the independent panel's consideration. The council came to the conclusion that it had moved too far ahead of its community and that the whole process needed to be slowed down.  Council continues to support the proposals outlined in the AGSPAG report but its capacity to address these issues is restricted to improved street cleaning, lighting and general amenity of the area and support for agencies working directly with those affected by the issue. The more controversial recommendations of the AGSPAG Report, street worker centres and tolerance areas, can only be implemented with State government support.

Council reports and minutes

Council committee meeting, August 12, 2002

 Report and recommendations to council 12 August

Special meeting of council, July 29

Implementation of Tolerance Zones: Further information - Having considered public submissions nominating potential locations for street sex work tolerance areas at its meeting on July 22, the council called for further advice from council officers (including locations submitted following the close of submissions) prior to finalising the proposed shortlist of tolerance areas at a special council meeting on Monday 29 July.

This supplementary report to council proposes a final short list of four preferred sites for consideration by the independent panel when it convenes in September / October.

 Supplementary report: Tolerance Zones, further information

Ordinary meeting of council, July 22

Implementation of Tolerance Areas: Potential locations for exhibition - A report to council on actions that were taken in response to the recommendation of the July 1 report  to the Strategy and Policy Review Committee on the Attorney General's Street Prostitution Advisory Group (AGSPAG) Final Report 2002.

This report also:

• Explains what a tolerance area is and how it will function through an Accord
• Suggests a short list of potential locations for tolerance areas to be exhibited
• Provides an outline of the exhibition, submission and committee process for the tolerance areas.

The report was presented to the Port Phillip Council at its ordinary meeting on Monday 22 July, 2002. 

The council meeting minutes are available here:  Minutes of Council Meeting held 22 July.

The Port Phillip Council formally considered the final report of the Attorney General's Street Prostitution Advisory Group at its meeting on July 1.

 Street Prostitution Advisory Group Final Report - released June 19, 2002

The report can also be viewed at each of the five Port Phillip library branches and the three town halls.

These are the key recommendations made in the final report of the Attorney General's Street Prostitution Advisory Group, released in June 2002. A key recommendation is for tolerance areas to restrict sex workers soliciting clients to defined areas, enforced through an accord with Victoria Police.

Key recommendation 1: Establishment of tolerance areas

That geographic areas (tolerance areas) be established in the City of Port Phillip in which police resources would not be targeted at persons loitering and soliciting for the purposes of prostitution (as defined under sections 12 and 13 of the Prostitution Control Act 1994). Instead, police resources and strategies should target loitering and soliciting offences in locations outside tolerance areas.

Tolerance areas should be established for a trial period of two years, during which an ongoing independent evaluation should take place.

Tolerance zones should not be close to:

• Residential zones
• Daytime convenience retailing
• Primary and secondary schools
• Kindergartens
• Childcare centres
• Places of worship
• Hospitals
• Places where children congregate for recreation or cultural activities

Tolerance zones should feature:

• Driving circuit for clients with a high volume of traffic and kerb-side parking
• Access to mobile outreach and resource facilities
• Safety patrols
• Servicing areas
• Public transport nearby

Key recommendation 2: Establishment of street worker centres

That safe and secure venues be established in the City of Port Phillip for street sex workers to service clients. These facilities, to be known as street worker centres, should be established under a new definition in the Prostitution Control Act 1994.

Key recommendation 3: Additional resources for enforcement

That the need for an appropriate level of resources - to be assigned to address street prostitution issues and ensure a greater presence in the City of Port Phillip - be brought to the attention of Victoria Police command.

Key recommendation 4: Sanctions for clients and sex tourists who commit affronting,  and/or nuisance behaviours

That the Department of Justice consult with Victoria Police and the City of Port Phillip to further develop:

• An offence that prohibits affronting language and/or behaviour in a public place; and
• An expansion of existing nuisance-type offences that regulate traffic-related behaviour (eg. hooting, noise, cruising, littering from a motor vehicle).

The offences will be punishable by infringement notices, issued by members of Victoria Police.

Key recommendation 5: Child prostitution unacceptable

That child street sex work is unacceptable and should not be permitted in any circumstances. Child street sex workers would therefore not be allowed to operate in tolerance areas or street worker centres. If this occurs, police should follow established protocols and notify the Department of Human Services Child Protection and Care Unit.

Key recommendation 6: Diversion options for street sex workers

That the Collaboration Care and Innovation diversion model successfully operating in the City of Yarra be expanded to the City of Port Phillip and adapted to meet the specific needs of street sex workers.

Key recommendation 7: Educative and communications strategy

That a comprehensive educative and communications strategy be implemented. This should entail the appointment of a police liaison officer, a peer education program for street sex workers, the establishment of a support services coordination group, and the creation of a mechanism through which the community can provide feedback on local street sex issues.

Key recommendation 8: Improved amenity and support services

That amenity, resource and welfare support services be expanded and enhanced for residents, traders and street sex workers. A comprehensive package of services should offer targeted street cleaning, improved access to public toilets, and a full range of support services (including access to exit and retraining programs) for street sex workers.

Key recommendation 9: A transparent process

That, in order to ensure transparency and continued public confidence, the implementation and operation of the Advisory Group's proposals be subject to ongoing monitoring and community consultation, in addition to an independent evaluation.

From September to November 2001, the Attorney General's Street Prostitution Advisory Group conducted extensive public consultation with the Port Phillip community on the recommendations of its interim report, and received public submissions from various individuals and community groups. Listed below are questions and issues raised during the consultation process.

Tolerance areas and street worker centre

1.      How will this be different from a red-light district?

Tolerance areas are different from red-light districts in a number of ways. A red-light district involves the explicit commercialisation of sex work and is traditionally poorly policed. A tolerance area would be established through community consultation, and would be carefully managed through Local Priority Policing and the City of Port Phillip Local Safety Committees. Additional policing would ensure better management of street sex work in the City of Port Phillip.

2.      How will the street worker centre work in terms of ownership, regulation, under age workers and other brothels?

The Advisory Group proposes that a licensing system for street worker centres be established under the existing Prostitution Control Act 1994, parallel to the current licensed brothel system. The Advisory Group also recommends that street worker centres be limited to the City of Port Phillip and operated by a not-for-profit agency. Sex workers under 18 years of age would be prohibited from using the rooms of a street worker centre.

For more information on the street worker centre, please refer to pages 55-60 of the final report.

3.      What will be the geographical relationship between tolerance areas and street worker centres?

The Advisory Group believes street worker centres should be established very close to tolerance areas. It would be undesirable and impractical for a street worker centre to be located any more than a short distance from a tolerance area, as such an arrangement would risk under-utilisation of the street worker centre and the spread of street sex activity outside the tolerance area. The exact geographical relationship between tolerance areas and street worker centres will be known once locations are selected.

4.      What is the mechanism through which council designate a tolerance area? Will there be extensive community consultation on choosing the locations of tolerance areas?

Successful establishment of tolerance areas relies on community engagement. The Advisory Group believes residents and traders should contribute to the debate about potential locations, and extensive community consultation will be incorporated into the four-step process in Tthe establishment of a tolerance area will be a four-step process that will incorporate extensive community consultation. The Advisory Group believes residents and traders should contribute to the debate about potential locations, as tolerance areas cannot be successfully established without community engagement on this issue.

For more information regarding the selection process or community consultation for tolerance areas, please see pages 53-55 of the final report.

The City of Port Phillip will invite recommendations from the community on possible sites for a tolerance area. These submissions will be sought by public notice in local newspapers in early July 2002.

5.      What assurances are there that tolerance areas will be in a non-residential area?

Under the criteria for selecting tolerance areas, as proposed by the Advisory Group, the location of a tolerance area should be assessed against a range of criteria, including its proximity to residential zones. The extensive public consultation processes (as outlined in question 4) will prevent tolerance areas from being established in inappropriate locations.

6.      Will there be different tolerance areas for the different groups of streets sex workers?

The Advisory Group recommends that one tolerance area be established for female street sex workers, and that further tolerance area(s) should be created for male and transsexual workers.

7.      Wouldn't designated areas threaten property values in St Kilda?

Statistics obtained from the Real Estate Institute of Victoria indicate that between March 1997 and September 2001, house prices in the St Kilda area have increased by 71 per cent, and in Albert Park prices have increased by 61 per cent. During this same period, the levels of street sex activity in the City of Port Phillip area have also increased. The Advisory Group believes that while the negative aspects of street sex work have caused harm to sex workers and the Port Phillip community, they have not lessened the attractions of living in the City of Port Phillip or affected property values, and are unlikely to do so in the future.

8.      Will the street worker centres be cheap and accessible to workers?

The Advisory Group believes a street worker centre must be as accessible as possible for street sex workers, as this will encourage workers to use these facilities. Street worker centres will be operated by a non-for-profit agency, which would assist in maintaining low costs for sex workers.

Policing issues

9.      What is the main reason for the failure of past policing strategies?

As international and Australian experiences show, policing of street sex work is extremely difficult utilising traditional law enforcement methods. One of the reasons for this difficulty is that policing can not address the social causes of street sex work. The Advisory Group believes managing street sex work through a package of measures (including tolerance areas and street worker centres) will significantly reduce the harmful impact of street sex work on the Port Phillip community and on street sex workers themselves, by increasing safety and providing opportunities for sex workers to leave the industry.

10.  How does the Advisory Group propose to address the issue of inadequate police resourcing?

Police resourcing is a statewide issue and is not confined to the City of Port Phillip. In allocating police resources, Victoria Police must examine and be responsive to the needs of the entire Victorian community. However, the Advisory Group does recognise that the street sex work situation in the City of Port Phillip can be improved through an increase in the levels of policing. The Advisory Group has recommended that an additional sergeant and four police officers be assigned to street sex work issues, in addition to the creation of a the position for a street prostitution police liaison officer.

Clients

11.  Are there any recommendations focusing on clients and pimps?

The Advisory Group has made a number of recommendations that address street sex work clients and pimps. These recommendations address the behaviour of clients and pimps, and advocate infringement notices for clients that engage in propositioning behaviour outside tolerance areas, and strategies to reduce pimping. The Advisory Group opposes the exploitation of street sex workers in any circumstances, regardless of whether it occurs within or outside tolerance areas.

These recommendations are located between pages 62-66 of the final report. 

12.  Wouldn't creating a tolerance area draw more clients to street sex work (and increase activity)?

As outlined in this report, the available research suggests that the clients of street sex workers are different to the clients of brothel and escort workers. They form a separate and discrete market, and brothel and escort clients are unlikely to use the services of a street sex worker. The Advisory Group believes street sex work activity is unlikely to increase, as the package of measures proposed will not only manage street sex work, but provide pathways out of the profession for workers that would lead to an overall decrease in street sex activity.

13.  How can we make sure clients will use tolerance areas?

Street sex work clients will be encouraged to use tolerance areas through a system of law enforcement and infringement notices. The Advisory Group proposes that clients outside tolerance areas would be issued with an infringement notice by police for annoying and affronting propositioning behaviours, such as approaching by car and communicating in a lewd manner to local residents and traders. This would assist in confining street prostitution to tolerance areas and street worker centres, and would alleviate many of the street prostitution associated harms that occur in the City of Port Phillip.

Sex workers

14.  What exit options will be provided for street sex workers?

The Advisory Group believes it is important that street sex workers have the opportunity to leave the industry. They would be assisted through increased and enhanced support services addressing issues such as drug dependency, homelessness, sexual and mental health, personal development and retraining needs. In addition, the development of a diversion program based on the Collaboration, Care and Innovation model would further assist sex workers.

15.  Will there be extra support services for street sex workers?

An integral component of the package of recommendations is the provision of support services for street sex workers. The Advisory Group believes the provision of adequate support services will assist in addressing the causes of street prostitution and provide avenues for assistance in leaving the industry. The Advisory Group recommends a variety of support services including peer education programs, the establishment of a support services coordination group, the development of an enhanced resource and amenity service with 24-hour capabilities, and expanded support services addressing the issues of drug dependency, homelessness, sexual and mental health, and personal and retraining needs. 

For further detail, please see pages 80-83 of the final report.

Monitoring

16.  What about expanded services for the community, such as a central complaint point?

The Advisory Group acknowledges the importance of a service that allows local residents and traders to register complaints, trends and comments regarding street sex activity. The Advisory Group recommends that the existing City of Port Phillip ASSIST service be expanded to facilitate the receipt of community feedback on street sex activity. Feedback provided to the ASSIST service will be forwarded on to the appropriate Street Prostitution Monitoring Committee member for discussion and resolution at the next meeting.

17.  How will this new regime be monitored during the trial period?

The Advisory Group believes it is crucial that street sex activity in the City of Port Phillip be closely monitored throughout the trial period. There are a number of safeguards built into the Advisory Group's recommendations, including establishing the Street Prostitution Monitoring Committee as a sub-committee of the City of Port Phillip's Local Safety Committee, the Healthy and Safer Cities Alliance. The Monitoring Committee will include local stakeholders in its membership such as residents groups, St Kilda police, City of Port Phillip, the sex industry, and health, welfare and outreach organisations. It will meet monthly to discuss street sex work issues as they arise.

The Advisory Group also recommends that an independent evaluation be conducted in the implementation phase of the recommendations immediately following the passage of legislation. This evaluation will, among other things, assess the effectiveness of the strategies implemented to improve levels of community safety in relation to street sex work issues. The information arising out of the evaluation of street sex work in the City of Port Phillip will be provided to the Monitoring Committee to give feedback and highlight issues that require the committee's attention.

For further detail, please see pages 49-51 and 84-86 of the final report.

The purpose of this report is to provide detailed information on the extent, impact and strategies to address street sex work in St Kilda.
 Street Sex Work Policy Review

Relevant links

Department of Justice website - www.justice.vic.gov.au

Use eServices to ask us a question, request information or give us feedback online. If you prefer phone ASSIST on (03) 9209 6777 or TTy (03) 9209 6713 and ask for the Neighbourhood Development unit.