Oh to be free...

[Lily Blair]

I'm taking a trip overseas in a couple of months to a country where prostitution is legal. Though i would never violate the laws of the great state of Arkansas, I plan on LEGALLY working while I am away from it. So I looked up the laws there that regulate the profession and what I read seemed so simple and so obvious, it was beautiful. How is it that a country like ours, where woman were given equal rights before almost every other country, got so far behind?

I apologize for the long post, but I just thought it was a beautiful piece of work, fitting of a truly equal and democratic nation, and wanted to share it.

PRIVATE WORKERS
The Prostitution Act applies to private workers even though they are not required to be registered with the police or licensed through the Licensing Commission. Within the legislation everyone is considered as an escort business, however you only need to apply for a licence if you want to work with or employ other people.

Private Workers are free to advertise in the paper (see “advertising” section). Private Workers are able to operate as long as they do not arrange or organise the service from the same place as where the service is provided. Private Workers must arrange jobs for themselves and no-one else. Private Workers are not allowed to work with anyone else. This includes other sex workers, a driver or a receptionist. If you want to operate outside these restrictions it might be worth considering registering as an escort agency.

ESCORT AGENCIES
If someone wants to start an escort agency they must apply through the Licensing Commission for an operator’s licence. This is how the Licensing Commission regulates the industry. The Licensing Commission can place conditions or restrictions on the licences. They can suspend or cancel a licence if they decide the conditions are being breached. They can ask the police to investigate complaints made against the agency and the police can enter an escort agency without permission if they think it is necessary. The licences must be renewed every 12 months. One of the conditions of the licence is that the operator may also have to employ a manager. If there is a manager then they too will need to apply for a separate manager’s licence.

Escort Agency Licences
The operator is the person who owns the business. The manager is the person who manages the running of the business. To be eligible to get an operator’s or manager’s licence you must be over 18, be a resident of the Northern Territory, have no convictions of “a disqualifying offence” (mostly violent or drug related crimes), or have a business or domestic partner who has convictions for a disqualifying offence.

The Licensing Commission decides whether the person applying for the licence is a ‘suitable person to carry on/manage an escort agency business’. The licences carry conditions and restrictions which can relate to working conditions, health and welfare of sex workers, and the health and welfare of the general community. There are standard conditions used by the Licensing Commission but these can vary between agencies. The licensee can apply to have conditions or restrictions changed or lifted. The licences are valid for 12 months, after this time the person who holds the licence must apply to have it renewed.

Police certificates – for Escorts
The manager must arrange for each staff member to have a certificate to work from the police. The police may not give the certificate if the person has been convicted of any “violent or drug related crime”. If the certificate is refused the worker can appeal the process through a tribunal. If you are not happy with the decision made by the tribunal then you can appeal to the Supreme Court.

If a worker commits a “violent or drug related offence” before, during or after their application for the police certificate the Police Commissioner will cancel the certificate and tell the operator/manager and the worker. The certificate will then need to be handed back to the Police within 2 weeks.

It is an offence to arrange a service for a worker who does not have a certificate. This is the responsibility of the operator.

At this time there is no way to remove yourself from the police register and some sex workers have experienced the negative impacts of police registration when their sex work experience has been used in custody cases or when applying for a police clearance for work.

Escort Agency Conditions
The conditions under which Escort Agencies are licensed are decided by the Licensing Commission and can vary between agencies. The following is a summary of the standard conditions for agencies. Meeting these conditions is necessary for an escort agency to keep their licence. They exist to promote a safe working environment for sex workers, which is a right for all sex workers.

Escort agency operators must give each of their staff a CONTRACT which outlines the terms and conditions of how the agency will arrange services and how the worker will provide the services.

The contract should set out

how the worker is paid (percentages, payday etc)
whether the operator is paying PAYE Tax, superannuation or work health insurance
a list of information services for sex workers
a statement that the operator, when arranging the services, will tell all the clients that all services incorporate safe sex practices, including using condoms and dental dams
whether the agency will provide condoms, dams and lube and if so how much they cost
that the worker has the right to refuse a client
that the worker must tell the operator if they can’t do a shift
what to do if the worker finds themselves in danger at a job
if there is any dress requirement
hours and days that you have to work
any terms and conditions where the worker is obliged to pay for extras offered by the operator (accommodation, meals etc)
whether the worker needs to have regular medical check ups
that the worker must have a police certificate
if the worker needs to work as a receptionist
what, if any, transport is provided by the agency.
If the operator or the manager is not at the agency they must be able to be contacted by the employees (workers and receptionists) _ at all times . If the operator/manager is not available then they must notify the Director of Licensing. The operator has to provide training in relation to safe sex issues and accurate information on where to go to get help should any of the employees need to. Operators must distribute material to sex workers on safe sex practices if asked to by the Commission.

If the agency knows that a worker has a blood borne virus (HIV, Hep B or Hep C) then they have to tell any clients who are getting service from that worker.

Operators must do whatever they can to ensure that sex workers do their job safely; this means not taking risks with anyone’s health. The operator must do whatever they can to ensure that no workers PROVIDE or RECEIVE vaginal or anal services without a condom, or oral service without a dental dam/condom.

SEXUAL HEALTH
Managers, operators and workers cannot promote whether a worker is getting regular health check ups or is free of any STIs as a way of promoting their service. When the receptionist/manager arranges the service they must tell the client that all services use safe sex practices – including condoms and dams. The agency should provide access to condoms, lube and dams. It is then up to the agency to say how much they cost or if they are free.

The agency can ask the workers to have regular medical check ups and they may ask to see a certificate of attendance from the doctor.

There is currently a condition of the licences that the operator (or whoever arranges the service ie the receptionist) must tell the clients if they know a worker has any blood borne virus including HIV, Hepatitis B and Hepatitis C.

ADVERTISING
Agencies cannot advertise for sex workers (staff) within the Northern Territory. In any advertisement in the paper the agency name must also be with the advertisement. You cannot advertise on radio or TV.

It is ok for an agency to advertise for reception staff in the newspaper however, you must state that there are no other duties involved.

It is ok to advertise “prostitution services” in the newspaper but there are restrictions on what you can include in the ad. The ad must be in the “Adult Entertainment” section of the classifieds. You can only show a persons head and face in an ad – no other parts of the body. You cannot describe yourself, others or an agency by age, race, colour or ethnic origin. You cannot refer to any physical attributes and if you say massage or masseur you must actually say ‘erotic massage’ or ‘erotic masseur’. The ad in the paper cannot be any bigger than 3.5cm by 4.5cm.

You can;

advertise on T-shirts,
distribute brochures to Hotels/Motels,
sponsor sporting or charity events,
have a website (which you can then advertise but not in the NT News)
hand out business cards (as long as they don’t mention ‘prostitution services’ or use the opportunity to solicit for work)
DON’TS
Under 18

It is an offence to allow any person under the age of 18 to work in the sex industry. It is also the responsibility of the legal guardian to ensure that this does not happen.

It is illegal to enter into an agreement and/or to get money for prostitution services with a person under 18. The prison sentences for each offence carries a gaol sentence of 7-14 years.

If you are under 18 it is against the law to provide any prostitution service. Working as a receptionist for an agency is also illegal if under the age of 18.

Brothels
Brothels are illegal in the Northern Territory. This means that you cannot use the same premises to organise AND provide a sex service. It also prevents people from working together without escort agency licences. When more than one person is working they must be licensed through the Licensing Commission and have current police certificates.

Street Work
Street work and soliciting is illegal. It is an offence to stand in a public place in order to get work (whether it is for money or other payments).

Being Forced to Work
It is an offence to coerce a person to work in the sex industry, coercion could be through intimidation, threat or manipulation by another person. (boyfriend, employer, family etc). At no time can you be forced or bullied into giving the money you have earned to another person. It is your right to choose whether or not to work in the sex industry.

BUREAUCRACY
Police
Police are able to enter any place if they suspect it may be a brothel. They can enter an escort agency at any time. If the agency refuses admission to the police they have the power to forcibly enter the premises.

The police have a liaison person dedicated to the sex industry. This position is housed in the Missing Persons Unit. This position processes the paperwork and maintains relevant records including issuing the police certificates to sex workers for the whole of the Northern Territory. The police/sex worker liaison officer is a contact point for workers who may have queries about the law or who have concerns about practices in the sex industry. The Liaison officer will also provide advice and arrange police assistance if workers are the victims of crime.

Licensing Commission
The Licensing Commission administers the Prostitution Regulation Act and Prostitution Regulations. The Commissions aim is to regulate prostitution in the Northern Territory and is the licensing body for escort agencies

The minister appoints 9 people who make up the Licensing Commission. Four of whom are dedicated to escort agencies but if one of them is not available to meet then someone else from the commission can be asked to participate.

Licensing Inspectors
Licensing Inspectors are employed by Racing, Gaming and Licensing to inspect the escort agency premises. When they visit agencies they are looking to see if the agency is complying with its licence conditions. They may check if workers certificates are current, what kinds of employment records the agency maintains, if workers have contracts, whether the agency gives out information on safe sex practices and other occupational health hazards....

[bluffcityguy]

You could always immigrate.

I'm sure your fans here would miss you, but think of how happy you'd be...

Cheers,

bcg

[Lang Sicherung]

Originally Posted by Blond_Lily

You can;

advertise on T-shirts,

Will you bring me back a T-shirt?

[Lily Blair]

Oh of course You'd have to promise that you'll wear it to work though

[TechOne]

I have been to Germany, Netherlands, Austria and Peru, where this is legal..Have a great time! The public perception of the business is certainly different than in the US. Just one question, is the business taxed and will you as a visitor also be required to pay the taxes and get the same 15 day medical testings? I found a much higher level of romance and courting in Austria than anywhere else. It was such a pleasant experience to walk into a social gathering in a restaurant or club and KNOW that I was going to get LAID soon. Would you consider a stowaway?

[MrGiz]

Lily.... if you have the time.... I strongly suggest a portion of your visit be spent in New Zealand too.... especially since you'll be so close!

I was much more impressed with N.Z. than the Big A!! Especially the South Island!! Gorgeous!! And playtime is legal there too!!

WTF, kinda cuntry do we live in?!?!

Giz

[mtndew]

It makes sense EXCEPT where you can still work if you have HIV or HepB/C if you tell the client... As if that always happens. At least Nevada requires regular testing.

[Lily Blair]

True, that needs to be changed. I'm sure these things take time

[bluffcityguy]

Originally Posted by mtndew

It makes sense EXCEPT where you can still work if you have HIV or HepB/C if you tell the client... As if that always happens. At least Nevada requires regular testing.

OTOH, one can take the libertarian position that the parties are and should be free to contract as long as there's fully informed consent (hence the requirement to tell the client). The lady is free to decide if she wants to continue working, and her potential clientele can decide if they still want to see her, and what (if any) precautions they want to take to minimize the risks (after all, most jurisdictions that I'm familiar with don't forbid people infected with HIV/HepB/HepC to have non-commercial sex as long as there's fully informed consent on the part of everyone concerned).

Not to mention that there may be laws in place in this jurisdiction forbidding employment discrimination based on HIV status. (insert here if you want; that comment is very much Ha Ha Only Serious).

As to the client not always being informed... I'm not familiar with the law in this jurisdiction, but I'd be very much surprised if there isn't a law criminalizing (and/or imposing civil tort liability for) reckless exposure of an uninformed partner to HIV or HepB/C. The quoted statute covers only sex work; you have to consider the effect of other relevant statutes or caselaw on the situation.

Cheers,

bcg

[warbird]

I certainly believe that any physical relationship between two consenting adults should never be illegal but if prositution was suddenly legalized the rates provider could charge would drop dramatically overnight. So be careful what you wish for.

[Guest032112]

Originally Posted by giteneny

I have been to Germany, Netherlands, Austria and Peru, where this is legal..Have a great time! The public perception of the business is certainly different than in the US. Just one question, is the business taxed and will you as a visitor also be required to pay the taxes and get the same 15 day medical testings? I found a much higher level of romance and courting in Austria than anywhere else. It was such a pleasant experience to walk into a social gathering in a restaurant or club and KNOW that I was going to get LAID soon. Would you consider a stowaway?

Its been several years since I've been to Amsterdam, but the openess and freedom is certainly a different atmosphere. Didn't hobby, since I had a traveling companion that kept Mr Happy, happy the entire time, but window shopping is fun.

Lily, I'll want to hear all the stories. Wash the glasses, I'll bring the bottle of wine!

[Lily Blair]

Originally Posted by warbird

I certainly believe that any physical relationship between two consenting adults should never be illegal but if prositution was suddenly legalized the rates provider could charge would drop dramatically overnight. So be careful what you wish for.

Prices there for an independent GFE provider there are no different.

[Lily Blair]

Originally Posted by arklookn4lovn

Its been several years since I've been to Amsterdam, but the openess and freedom is certainly a different atmosphere. Didn't hobby, since I had a traveling companion that kept Mr Happy, happy the entire time, but window shopping is fun.

Lily, I'll want to hear all the stories. Wash the glasses, I'll bring the bottle of wine!

I'm not going for another couple of months, but I'll certainly let you know when I get back

[beetle]

Originally Posted by Blond_Lily

I'm not going for another couple of months, but I'll certainly let you know when I get back

I'd go just to carry the luggage.............;-)

[Lily Blair]

Originally Posted by beetle

I'd go just to carry the luggage.............;-)

That was a good one For those who didn't catch beetle's joke, please see http://www.youtube.com/watch?v=ruPMIBIIPNc

Or even if you did catch it, watching that video always makes me smile