Sex Work and HIV

Sex Industry laws vary throughout Australia. All states and territories have laws and regulations impacting sex work by HIV-positive people. While laws vary by State, in general, they may:

make it illegal to have sex, including providing or receiving commercial sex, without using condoms and/or taking all reasonable measures or precautions to prevent HIV transmission;

make it illegal for an HIV-positive person to provide or receive commercial sexual services;

make it illegal for an HIV-positive person to work or be employed in the commercial sex industry; and

require or recommend regular testing of sex workers for sexually transmissible infections, including HIV. In some states, laws require the provision of a certificate of attendance for tests.

People living with HIV who work in the sex industry or are considering sex work should seek information on the laws in their state or territory. Information is available from state sex worker organisations (for contact details go to: www.scarletalliance.org.au/links).

For laws applying more generally to sex work see: www.scarletalliance.org.au/laws

Charges against HIV-positive sex workers have been rare, but those that have occurred have been highly publicised, even where there has been no evidence of unsafe sex or HIV transmission.

Unfortunately, the combination of HIV and sex work seems to bring out the worst in terms of moral panic and sensationalist journalism, creating a highly stigmatised environment for positive workers. This environment isolates positive sex workers and can reduce the likelihood of positive sex workers accessing information and support services.

The majority of HIV-positive sex workers take appropriate risk reduction strategies to minimise exposure to stigma and negative publicity. These strategies vary according to each individual’s circumstance and the strategies you use will need to be tailored for you. Talk to other HIV-positive sex workers or contact your state sex worker organisation for some ideas and tips on reducing breaches of privacy and discrimination risks.