A Decade of Illicit Sex in the City

Local Government Law Journal, vol. 12, no. 1, pp. 5-15, 2006

21 Pages Posted: 11 Dec 2015

See all articles by Penny Crofts

Penny Crofts

University of Technology Sydney, Faculty of Law

Date Written: 2006

Abstract

It has been a decade since the Disorderly Houses Amendment Act 1995 (NSW) was passed, which abolished the common law offence of keeping a brothel. Under this legislation, councils were to regulate brothels using their planning powers. However, the New South Wales government has offered very. little guidance to councils as to how to best use their powers. The limited advice councils have been given has also been plagued by ambiguities. On the one hand, the legislation was passed wilh the intention of treating brothels as legitimate commercial premises. On the other hand, the historical perception of brothels as inherently immoral and offensive has been present in governmental guidance. This article analyses the impact of the New South Wales government's equivocal position on the sex industry. through an examination of Land and Environment Court cases. It is argued that the Land and Environment Court is torn between two conflicting approaches, responding to brothels as commercial premises or perceiving brothels as inherently offensive. While the court initially responded to brothels as commercial premises. the characterisation of brothels as offensive has become increasingly apparent. This article argues that the New South Wales government needs to release clear guidelines regarding the regulation of the sex industry.

Suggested Citation

Crofts, Penny, A Decade of Illicit Sex in the City (2006). Local Government Law Journal, vol. 12, no. 1, pp. 5-15, 2006, Available at SSRN: https://ssrn.com/abstract=2701634

Penny Crofts (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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