Oscillations in the regulation of the sex industry in New South Wales, Australia: Disorderly or pragmatic

摘要: Prior to 1996, sex service premises in New South Wales (NSW), Australia were illegal and subject to closure. As a consequence of the Disorderly Houses Amendment Act 1995, sex service premises have been able to operate as legitimate businesses. Despite these legislative reforms, the shift away from the regulation of sex service premises in the criminal sphere and towards orthodox planning has not been consistently accomplished across New South Wales. In this paper we argue that the relevant legislation exhibits a fundamental ambivalence with regard to the regulation of sex service premises, oscillating between restricting these sex service premises as inherently disorderly and regulating potential legitimate businesses. As a consequence, there is a broad range in local council (council) responses to sex service premises within New South Wales.We compare council responses utilising planning regulations to restrict, exclude and expel sex service premises as disorderly subjects with alternative approaches utilising planning law to restrict negative amenity impacts. We argue that where councils regulate these premises as disorderly subjects, their preconceptions are confirmed, due to the difficulties of attaining authorisation and the ripple effect of an unauthorised industry. In contrast, where sex services premises are regulated as legitimate businesses, council policies tend to encourage and facilitate all the advantages associated with legality.