Health and safety guidelines for sex services premises in NSW

The health and safety guidelines for sex services premises in NSW outlines the minimum standards for maintaining a safe and healthy environment for sex workers, clients, visitors and others in sex service premises in NSW.

Chapters

  1. Regulation of sex work in NSW
  2. Sex workers are 'deemed workers'
  3. Consult workers
  4. Control workplace risks
  5. Work premises
  6. Staff and clients
  7. Safe work procedures
  8. Establish a 'no drugs, alcohol and smoking' policy
  9. Prevent violence
  10. Laundry services
  11. Waste disposal
  12. Swimming pools and spas
  13. Bars and food preparation
  14. Information and training
  15. Notify incidents
  16. Workers compensation and injury management
  17. More information

1. Regulation of sex work in NSW

Owners and managers of commercial sex services premises, such as brothels, massage parlours, bondage and discipline, sadism and masochism (BDSM) houses, and escort agencies have certain duties with regard to workers, sub-contractors, customers, suppliers and others in the workplace.

If you have sex workers on your premises, regardless of their working arrangements, you have duties under the work health and safety legislation to ensure the workplace and working conditions do not expose them to risks to their health and safety. Obligations under the workers compensation legislation may apply.

The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017 set requirements for health and safety at work and cover every place of work in NSW, including sexual services premises (SSP).

Working conditions must be in accordance with NSW industrial relations laws and you must consider the hours and days worked (including reasonable length shifts), breaks between shifts and leave provisions.

You must not coerce anyone to work as a sex worker, or request a sex worker to provide services that are outside their personal boundaries. You must also not prevent, or attempt to prevent, sex workers from using personal protective equipment, such as condoms.

As an owner or manager of any premises providing sexual services, you must also be aware of your duties required by the Public Health Act 2010.

To ensure compliance with work health and safety, workers compensation and public health laws you must provide reasonable access to authorised representatives from:

You should also provide reasonable access to authorised representatives of such services as the Sex Workers Outreach Project (SWOP).

You have the right to request identification from anyone who presents themselves as an authorised representative of the above organisations prior to them entering your premises.

Roles of authorised and other agencies

Authorised agencies

Representatives from the following regulators have the legislative powers to enter and inspect your premises to ensure it meets relevant requirements or in response to a complaint: