Page 3166 - Week 12 - Wednesday, 18 November 1992
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I think it is apparent to everyone that if members of the Assembly had felt so inclined we could have turned this into a real political football. Everyone could have had a great old time, making inflammatory press releases and kicking this issue around, and public health in this Territory would have been prejudicially affected. I think it reflects credit on everyone involved that, instead, everyone has taken a mature approach to this, has acknowledged that prostitution has been part of society for as long as recorded history applies, that attempts to outlaw it will simply never work and, therefore, we are better to accept the reality of commercial sexual services, without condoning that, and to ensure that it operates in a manner which is controlled and in the public interest. Given the emergence of HIV and AIDS in the last decade as a major public health issue, it is particularly commendable that we are able to adopt a mature approach to this, in keeping with the generally mature approach to that issue that has been adopted throughout Australia.
Madam Speaker, the amendments I am going to move on behalf of the Government today are essentially designed to achieve the position outlined as the Government's position on this issue in the discussion paper tabled in this Assembly on 18 June 1992, and to make some additional improvements based on public comment on the paper. The Government's position is basically one of agreement with the general thrust and policy of Mr Moore's Bills. Those Bills arose from the work and recommendations of the Select Committee on HIV, Illegal Drugs and Prostitution, of which Mr Moore was the chair, which released its report in 1991.
Madam Speaker, we took the view on the introduction of the Bills that they should be looked at to see whether they could be improved. My discussion paper suggested a range of improvements and the Government's legal advisers have suggested a range of technical changes. The amendments I am introducing today incorporate all of these matters, but the essential policy of the legislation which will result is one on which I believe most of us in this Assembly are agreed. That policy is to remove the criminal laws based on an outdated and failed policy of prohibition of prostitution and to replace them with laws designed to ensure that the community is protected from harm in relation to public health and in respect of children, and to ensure that people in the industry meet appropriate standards in respect of health and other matters.
Madam Speaker, let me emphatically say that the Government does not intend to support or condone the prostitution industry, but we do believe that the Government has a responsibility to ensure that the law of the ACT is the best possible in the general public interest, and by that yardstick we support Mr Moore's Bills in their general thrust and policy. It is in accordance with that yardstick that we seek to introduce these amendments to those Bills. The details of the amendments are set out in the explanatory memoranda, but I intend to outline the main changes to the Assembly.
The amendments provide for a register of brothels and escort agencies. Brothels and escort agencies will not have to be registered to be legally established as in a licensing system, that is, the Victorian system; but there is a criminal penalty for failing to provide information to the register. By this means the location of businesses can be known and the identity of persons owning and running the business can also be known. This information will facilitate the regulation of the industry and also enable the Assembly and the public to be satisfied that it is open and above board.
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