Brothels
1. DEFINITIONS
a) Brothel
The NSW Disorderly Houses Amendment Act 1995 defines a brothel as a “premises habitually used for the purposes of prostitution, or that have been used for that purpose and are likely to be used again for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution” . (1)
b) Prostitution
According to Macquarie Dictionary the definition of prostitution is “the act or practice of engaging in sexual intercourse for money” . (2)
c) Sexual Intercourse
According to the Crimes Act 1900 sexual intercourse is defined as “sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by any part of the body of another person or any object manipulated by another person” . (3)
2. BIBLE REFERENCES
1 Corinthians 6:13
“Our bodies were not made for sexual immorality. They were made for the Lord, and the Lord cares about our bodies”.
Matthew 21:31-32
“Jesus said to them, ‘The tax collectors and the prostitutes are going into the Kingdom of God ahead of you. For John the Baptist came to you showing you the right path to take, and you would not believe him; but the tax collectors and the prostitutes believed him”.
3. NSW BROTHEL LEGISLATION
a) The Disorderly Houses Amendment Act 1995
The NSW Disorderly Houses Amendment Act was assented to on 22 November 1995. The Act makes brothels and income derived from prostitution legal within NSW. Therefore, brothels are presently commercial businesses requiring local council permission to operate, and under the jurisdiction of their respective council . (4)
4. HOW YOU CAN ACT
What procedures to follow in order to voice opposition to a brothel:
a) The Restricted Premises Act 1943 No 6
Section 17 of The Restricted Premises Act allows a local council to apply to the Land and Environment Court to stop the owner or occupier using premises as a brothel if there are sufficient complaints. The council can also close down a brothel if it has not attained permission from them to operate, therefore it is an illegal brothel . (5)
b) Complaints have to be made by residents who live:
· In the vicinity of a brothel
· In the area of the brothel and whose children utilise facilities in the vicinity of the brothel
· OR
· Occupiers of premises that are in the area and vicinity of the brothel
c) According to s.17, if there is a complaint against a brothel The Land and Environment Court takes only the following points into consideration : (6)
· The brothel operates “near or within view from a church, hospital, school or any place regularly frequented by children for recreational or cultural activities”
· The “operation of the brothel causes a disturbance in the neighbourhood”.
· There is insufficient off street parking
· There is unsuitable access to the brothel
· The brothel creates a disturbance because of large size or numerous employees
· The brothel “interferes with the amenity of the neighbourhood”
Therefore, if you have suspicion that an illegal brothel is operating in your neighbourhood, or a legal brothel falls under one of the above points, you may ring/write/email your council to complain, and they have an obligation to apply to the Land and Environment Court .
5. BIBLIOGRAPHY AND FURTHER READING:
Kennedy, L. (2006) “Sex Slave raid on Cell Under Brothel” Sydney Morning Herald, June 9
Macquarie Dictionary (2005) “Prostitution” Macquarie University, Published by Macquarie Library Pty. Ltd.
http://www.macquariedictionary.com.au/202.146.8.4@FFC97123015/-/macshowrecord/1/2/1/1
New South Wales Consolidated Acts, Crimes Act 1900, section 61H, “Definition of sexual intercourse and other terms”, Australasian Legal Information Institute.
Parliamentary Counsel’s Office, NSW Legislation Website “Restricted Premises Act 1943 No 6”
http://www.legislation.nsw.gov.au
Accessed: 16 August 2006
Smith, S. (2003) “The Control of Prostitution: An Update”, Briefing Paper No 14/03, NSW Parliamentary Library Research Service.
Sullivan, M. (2005) “What Happens When Prostitution Becomes Work? An Update on Legalisation of Prostitution In Australia”, Coalition Against Trafficking in Women,
N. Amherst, Massachusetts
Harcourt, C. (1999) “Whose Morality? Brothel Planning Policy in South Sydney” Social Alternatives, Vol. 18.
(1) Parliamentary Counsel’s Office, NSW Legislation Website “Restricted Premises Act 1943 No 6”, Part 1, Section 2: http://www.legislation.nsw.gov.au(2) Macquarie Dictionary (2006) “Prostitution”, Macquarie University, Published by Macquarie Library http://www.macquariedictionary.com.au/202.146.8.4@FFC97123015/-/macshowrecord/1/2/1/1
(3) New South Wales Consolidated Acts, Crimes Act 1900, section 61H, “Definition of sexual intercourse and other terms”, Australasian Legal Information Institute.
(4) Smith, S. (2003) “The Control of Prostitution: An Update”, Briefing Paper No 14/03, NSW Parliamentary Library Research Service, pp. 1
(5) Ibid. pp. 2
(6) Parliamentary Counsel’s Office, NSW Legislation Website “Restricted Premises Act 1943 No 6”, Section 17: http://www.legislation.nsw.gov.au
