Sex Work

Contributed by NinaCheles and current to May 2025

Sex work in the NT is regulated by the Sex Industry Act 2019 (NT) (SI Act), which commenced on 12 June 2020. Before the commencement of the SI Act, sex work was only partially legalised in the NT. Many forms of sex work, including working in brothels, amounted to a criminal offence. The SI Act decriminalised sex work, meaning there are now very few criminal offences relating to sex work and sex work is regulated like any other business.

What is sex work?

Sex work is defined in the SI Act as ‘the provision by a person of services that involve the person participating in sexual activity with another person in return for payment or reward’. Sex worker is defined as ‘a person who performs sex work’.

Adult entertainers such as strippers are regulated under a separate regime attached to the Liquor Act 2019.

Sex work is legal

Following decriminalisation, all forms of sex work and sex work businesses are now legal. This includes:

• Private / independent sex work, including incalls (where services are performed at the sex worker’s residence) and outcalls (where services are performed at the client’s residence, or other accommodation).
• Brothels.
• Escort agencies.
• Street-based sex work.

Sex workers can withdraw consent at any time

The SI Act enshrines a sex worker's right to refuse to perform sex work at anytime (s 8). A sex worker can refuse to perform sex work even if a valid contract exists for the performance of sexual services. A valid contract for sexual services does not equate to consent under the criminal law.

Restrictions on the location of sex work businesses

Although sex work is decriminalised, planning laws restrict where sex workers and brothels can operate. These laws are found in the Northern Territory Planning Scheme 2020.

The Northern Territory Planning Scheme 2020 sets out two categories of brothels which are subject to different restrictions: ‘sex services home-based businesses’ and ‘sex services-commercial premises’.

Sex services home-based businesses are defined as ‘the use of a dwelling for the purpose of sex work by a person resident in the dwelling’. Up to two sex workers can work at a home-based business, but both must be residents at the dwelling. In addition to the sex workers, one support staff may work on site.

Home based businesses are permitted in almost all zones, including residential and commercial zones. However, the residence cannot be next to a kindergarten, school, childcare centre, or place of worship, or in a “restricted development” zone.

Sex services-commercial premises essentially include all other sex services businesses which are not home based and/or serve as a workplace for three or more sex workers. They are defined as ‘’a premises from which a sex services business operates and that business engages sex workers (but does not include a sex services-home based business), and may include where ancillary an office’.

These businesses can operate in industrial zones without consent of the Development Consent Authority, or with consent in a central business or commercial zone. They are prohibited in residential areas.

Suitability certificates required for some sex work businesses

Sex services businesses no longer need to obtain a license. However, if a sex services business engages 3 or more sex workers, each operator of the business must hold a “suitability certificate” (SI Act Part 4). This requirement applies to brothels and escort agencies which engage 3 or more sex workers, regardless of where the business is located and if the business is ‘home based’.

Solo workers, or two sex workers working at the same premises do not need a suitability certificate.

Suitability certificates identify if a person is a suitable person to operate a sex services business. Assessment of suitability considers matters such as the person’s criminal history and compliance with occupational health and safety laws.

Suitability certificates can be obtained by application to the Northern Territory Government. The Northern Territory Government can revoke a suitability certificate if it forms the opinion a person is no longer suitable to operate a sex services business. An operator can appeal a decision to deny or revoke a suitability certificate at the Northern Territory Civil and Administrative Tribunal (NTCAT).

Failure to obtain a suitability certificate is not a criminal offence, but can attract a fine.

Workplace health and safety

Operators of sex work businesses and sex workers have a legal obligation to take all reasonable steps to adopt and promote safe sex practices (SI Act s 9).

Sex work businesses must also comply with Federal and NT work health and safety and industrial relations laws.

Sex workers are protected from discrimination

The Anti-Discrimination Act 1992 (NT) contains specific legal protections for sex workers. It is unlawful to discriminate against a person because of their “employment in sex work or engaging in sex work, including past employment in sex work or engagement in sex work” (see chapter Discrimination ).

Associates of sex workers are also protected from discrimination that occurs because of their association with sex workers.

The prohibition against discrimination only applies in certain areas of public life, including the provision of goods and services, the provision of accommodation, work, education, and the administration of laws and government programs.

This means that sex workers are protected from discrimination while undertaking various activities necessary to run a sex services business, such as applying for financial products, booking accommodation and securing advertising services.

Advertising sex work

Job vacancies for sex workers cannot be advertised. This is becuase it is a criminal offence to publish an advertisement that is likely to induce a person to seek employment as a sex worker (Sex Industry Act 2019 (NT) s 15). However, the SI Act does not prohibit advertising sexual services.

Advertisements for sexual services in newspapers are regulated by the Sex Industry Regulations 2020 (NT) (SW Regulations). It is a criminal offence to place advertisements in newspapers that do not comply with the SW Regulations (Sex Industry Act 2019 (NT) s 15).

Requirements under the SW regulations include that the advertisement:

• must be no larger than 3.5 cm x 4.5 cm
• must appear in the “adult services” section of the classifieds.
• can only contain pictures and photographs of a person that show no more than their head and shoulders.
• cannot refer to the race, ethnicity, age or physical attributes of the sex workers.
• cannot contain the word “massage” but can contain the words “erotic massage”.

Criminal Offences

Following decriminalisation, there are very few criminal offences relating to sexual services transactions between consenting adults.

The SI Act contains the following criminal offences:

• Inducing person to perform sex work (Sex Industry Act 2019 (NT) s10).
• Inducing person to provide payment from sex work (s 11).
• Causing or allowing child to perform sex work or work in sex services business (s 12).
• Receiving payment from sex work by child (s 13).
• Agreeing to sex work by child (s 14).
• Non-compliant advertising (s 15).
• Medical examinations (inducing a person to believe a person does not have a sexually transmitted infection before entering into a contract for sex work) (s16).