-Caveat Lector- Print this article | Close this window The girl next door
January 25 2003 Kylie is a typical resident of the Marrickville municipality - she's young, has a psychology degree, is continuing her studies and works part-time from home. But the work Kylie does is prohibited. She works as a prostitute from home and hasn't applied to her local council for permission to do so. If the council finds out what Kylie is doing, she could be shut down, taken to court or forced to apply for permission to operate as a brothel - which would likely be rejected as her home is in a residential area. But there's new hope for Kylie and others like her. Marrickville Council is considering a controversial proposal to allow sex workers to set up shop in their own homes without the need to lodge a development application. The proposal is backed by NSW Health and follows a similar move made by South Sydney Council in 1996. Brothels were legalised in NSW in 1995 but a number of councils and the State Opposition have long vowed to block home-based brothels at any cost. Kylie says the risk is worthwhile. Working from home means she can choose civil hours, avoid the drunks and drug-affected clients, and keep her fees, without a brothel owner taking a hefty slice of her earnings. "Because I don't give away 50 per cent of my wages I can see less clients. I can say what I don't want to do," she says. Home-based sex work, while less visible than most aspects of the industry, is far from insignificant. So- called private workers account for about 40 per cent of the industry; there are up to 4000 private workers in NSW alone. And it's not just women - at least 10 per cent of workers are believed to be men. Industry lobbyists say it makes sense not to require development applications from home-based sex workers because it means they are treated in the same way as, for example, an architect or graphic designer with a home-based small business, neither of whom is required to lodge a DA. In South Sydney's case, it also means the council can control them under its code of conduct for home-based businesses, which sets clear limits on things such as noise and signage. Lobbyists like Maria McMahon, from the Sex Workers' Outreach Project, say this type of business has "no amenity impact" - in other words, the neighbours either don't know or don't care what's going on next door. McMahon says this is demonstrated by the fact that no complaints have been logged by Marrickville Council about home-based sex workers. "Clearly, there is no amenity impact, so they shouldn't be a planning issue," McMahon says. She argues requiring home-based sex workers to apply for a development application raises multiple issues. "Part of the appeal to clients is their discreet nature," McMahon says. "Clients would be selecting these businesses because there's a low risk of people knowing they are entering the premises to go to see a sex worker." Having to lodge a DA means that discretion is lost - and often results in workers being harassed by members of the community, with a subsequent loss of business. As Kylie says: "We have self-regulated for so long ... it has been going on and no-one knows, so what's the problem?" But community opposition to home-based sex workers is rife, with the Opposition planning spokesman, Andrew Humpherson, saying this week the move meant the Government was sanctioning brothels in residential areas. "Areas close to family homes, schools, churches, or where children and citizens congregate must be excluded from brothel zonings," Humpherson said. "A Coalition government will not allow this open slather approach to brothels and will give powers back to communities." Morris Hanna, a vocal independent Marrickville councillor, has been conducting a letter-box pamphlet campaign against the proposed changes. His pamphleting warns residents the change "would allow such a business to operate in the house or flat next to you and you would not be allowed to object". However, a Marrickville Greens councillor, Sam Byrne, argues that while council should be informed of any small business which is established in a home, a DA is unnecessary. "They are already there in residential areas and the measure is to try and increase the regulation for their benefits and the community's benefit. "It can't be a satellite brothel where one guy owns a lot of flats - it's for sole traders only." Driving South Sydney's policy - which Marrickville's proposal mirrors almost exactly - is an attempt to draw under council control what has in the past been a completely unregulated part of the sex industry. From a health perspective, the risk of identification discourages sex workers from being in touch with state- and community-run health and safety education programs. More importantly, legitimising the businesses removes the ever-present threat of extortion from clients, police or competing brothel owners, says Andrew Miles, South Sydney Council's sex-industry liaison officer. Miles says the lack of complaints to South Sydney Council since it implemented its policy in 1996 proves the system is working. But he says South Sydney has learned something from its initial experience. When the council introduced its regulations, it allowed for two sex workers to operate from each home. In 2000 that was cut to one, largely because of perceived amenity impact on nearby residents, Miles says. "The thinking was two workers would have an adverse impact on the wellbeing of the residential block they would be located in," he says. However Marrickville's consideration of a South Sydney-style plan should not be taken as indication that other councils may follow suit. "The trend is still toward councils requiring home-based sex workers to lodge DAs," Miles says. Nor is the sex industry entirely happy with the state of play in South Sydney or what could be about to happen in Marrickville. Allowing only one worker to operate from each home disadvantages them as small businesses and, perhaps more importantly, also raises safety issues. "It's a second prize," says Julie Bates, a sex industry planning and health consultant. "One worker alone makes women's lives a lot more dangerous. It's much safer to have a friend or colleague working with you." The Sex Services Premises Planning Advisory Panel, set up by the State Government in May, provides advice to councils seeking to amend their local plans. However, it is understood that all councils, except South Sydney and Marrickville, which have approached the committee for advice, are seeking to ban the practice outright. This story was found at: http://www.smh.com.au/articles/2003/01/24/1042911552197.html Forwarded for your information. 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