Written by and for migrant sex workers

Acknowledgement of Country

We acknowledge the Aboriginal and Torres Strait Islander peoples as the first peoples and traditional custodians of the lands on which we live and work. We pay our respects to Elders past and present. Sovereignty was never ceded.

Introduction

This guide was written by and for migrant sex workers. We know that everyday English is very different from the formal words used by immigration officers, police, and government offices. We made this guide to give you clear, practical information so you can stay safe and protect your rights.
The information here comes from official government sources, sex worker organisations, work safety regulators, and community legal services.
If you need support, contact a sex worker organisation listed in Section 4.1.

Who this guide is for

This guide is for all migrant sex workers who are working in Australia now, or who are thinking about coming to Australia to work. It has information for sex workers on any visa — including student, working holiday, partner, sponsored and visitor visas, people on bridging visas, people seeking asylum, and people whose visa has expired.
It is for sex workers of every kind. This includes sex workers who work in brothels, escort agencies, strip clubs, massage parlours and online, and workers who do street-based sex work, and who work privately or independently.
This guide gives you general information. It is not legal advice, and it is not a full copy of the law. If you have an urgent problem with the police, immigration, or the tax office, do not wait. Use the contact list in Section 4 to get free, private help straight away.

What is in this guide

Chapter 1: Visas
1.1 Your visa and the right to work
1.2 How to check your visa and work rights
1.3 If your visa has expired
Chapter 2: Sex work laws
2.1 Sex work laws across Australia
Chapter 3: Your rights and safety
3.1 Your rights and safety at work
3.2 Signs of workplace exploitation
3.3 If you are being exploited, or do not have work rights
3.4 Dealing with government officers
Chapter 4: Important contacts
4.1 Getting help and support
4.2 Important contacts and QR codes

Words used in this guide

ABN (Australian Business Number) — the number you use if you run your own business.
Bridging visa — a temporary visa to allow you to stay in Australia during a particular process (i.e. while a visa application is considered.
Decriminalised — sex work treated like other work, not a crime.
Detain — when officers make you stay somewhere and you are not free to leave. This does not always mean you are arrested or charged with a crime.
Immigration detention — being detained because you do not have a valid visa. You can be held in a detention centre, or somewhere else the government decides. There is no set time limit, and people can be held for a long time.
NOICC — means ‘Notice of Intention to Consider Cancellation’ , a letter saying the government is thinking about cancelling your visa.
Outcall — when you travel to meet a client, such as at the client’s home or hotel room.
Sex worker organisation — an organisation run by and for sex workers.
Sham contracting — when a business wrongly calls a worker a contractor, instead of an employee.
Sponsor — an employer or partner who supports your visa application.
Superannuation (super) — money saved for your retirement. If you are an employee, your employer must pay super contributions into your super fund for your work. If you are an independent contractor, super may not be automatically paid by the person you work for — check with a sex worker organisation or community legal centre about your entitlements.
TFN (Tax File Number) — your personal tax number as an employee.
TIS (Translating and Interpreting Service) — an Australian government service providing 24/7 phone interpreting and pre-booked on-site interpreters by calling 131 450. Anyone in Australia who needs English support can use TIS for free when communicating with government agencies (like the Fair Work Ombudsman and
Department of Home Affairs/Immigration), police, legal aid, public health services, and eligible community support organisations.
Unlawful non-citizen — a person in Australia who does not have a valid visa. This happens as soon as your visa expires or is cancelled. It is not a crime, but you can be detained and removed from Australia.
VEVO — means ‘Visa Entitlement Verification Online’ service, the free government website that shows your visa and its conditions.
Visa — permission from the government to enter or stay in Australia. Can be either permanent or temporary (which includes a ‘bridging’ visa)
Visa breach — when you do not follow one of your visa conditions. A breach is not a crime, but it can lead to your visa being cancelled. If you breached your conditions because someone was exploiting you, tell a sex worker organisation or a lawyer — there may be protections for you.
Visa cancellation — when the government ends your visa before its expiry date. If this happens, you no longer have a valid visa.
Visa condition — a rule attached to your visa. For example, a limit on your work hours, or a rule that you cannot work at all. Your conditions are in your grant letter and in VEVO.
Warrant — a legal document allowing police or immigration officers to enter or search.
WHS — work health and safety: the rules that keep workplaces safe.

Disclaimer

This guide gives general information only. It is not legal advice, and it is not a full copy of the law. Laws and services change, and they are different in each state and territory. The information is current as of 30 September 2026.
Always check the latest information for your situation, and get advice from a peer sex worker organisation or a legal service before making decisions. If you have an urgent problem, use the contacts in Section 4 to get free, confidential help.

Chapter 1: Visas

1.1 Your visa and the right to work

Immigration and visas are national (federal) rules. They are the same everywhere in Australia. Sex work laws are different because each state and territory has its own laws (see Section 2).

Important: In Australia, all workers have the same basic rights at work. These rights apply no matter what your visa is, or what country you are from. You are entitled to a safe workplace and to be paid for your work.

Visas that allow work

Many visas provide the right to work, including sex work. You still need to follow the sex work laws of the state you are in.

Here are some common visas that allow work rights:

Permanent visas and New Zealand citizens (subclass 444): full work rights, no limits.
Partner visas (subclasses 309/100 or 820/801): you can work for any employer or run your own business, with no hour limits.
Graduate visas (subclass 485): full work rights, no hour limits. Many people move to this visa after studying in Australia.
Working Holiday visas (subclass 417 and 462): There is usually a limit of 6 months with the same employer. You can do sex work.
Student visas (subclass 500): you can work up to 48 hours per fortnight while your course is in session, and unlimited hours during official course breaks (or once your course ends).
Bridging visas: you can only work if your bridging visa was granted with work rights. Check your visa (see Section 1.2).

How student visa hours are counted

The 48-hour limit is for all your work added together, across all jobs. It can also include volunteer work that you would normally be paid for.
Course placements: hours you must do as a required part of your course do not count toward the 48 hours. But any extra placement hours — more than your course requires — do count. Not sure? Ask your education provider.
A “fortnight” is a 14-day period starting on a Monday. This means two busy weeks in a row can break the limit, even if you don’t work the surrounding weeks.
You cannot work before your course starts (unless you already had work rights on your old visa when you applied).
Time you spend available for work at your workplace — for example, waiting for bookings on a shift — counts as work time. Unpaid breaks do not count.
Research masters and PhD students can work unlimited hours once their degree has started.

If your employer pressured you to work more hours than your visa allows, or breach other visa conditions, you may be protected (see Section 3).

Visas that allow specific work

Some visas only allow you to work for specific employers, or in specific industries. This is common for sponsored work visas.

Skills in Demand sponsored skilled visas (subclass 482, Skills in Demand): you are tied to your sponsor and your nominated job. Doing sex work while sponsored breaks your visa conditions.
If your sponsored job ends: you have up to 180 days to find a new sponsor, apply for another visa, or leave. During this period you can work for other employers in any job, including sex work.

If your sponsored job ends: you have up to 180 days from your last day of work to find a new sponsor, apply for another visa, or leave. During this period you can work for other employers in any job, including sex work. If you decide to leave Australia, your sponsor must pay reasonable travel costs for you and your family to leave.

Visas that do not allow work

On these visas, working can lead to questioning, your visa being cancelled, or detention. If your visa is cancelled, there is usually a 3-year re-entry ban (see Section 1.3).

Visitor / Tourist visas (subclass 600, 601, 651): these have a strict “No Work” condition. It is also against your visa conditions to come to Australia on a tourist visa if you plan to do sex work.

Visas for protection and safety

Some visas exist to protect people who are in danger or who have been harmed. These are complex — always get help from a sex worker organisation or a free legal centre (Section 4) before applying.

Protection visa (for refugees): if you fear serious harm in your home country (because of your identity, beliefs, or another reason), you may be able to apply for a protection visa. If granted, it is permanent, with full work rights. Get legal advice before applying. A refused application can seriously limit your future visa options. Be careful of anyone who offers to lodge a protection visa for you as an easy fix — this is a common scam.
While you wait for a protection decision: you will usually hold a bridging visa. Work rights vary — check your conditions in VEVO (Section 1.2).
Human Trafficking Visa Framework: if the police identify you as a possible victim of trafficking or slavery, you can be given a Bridging Visa F — a short-term visa (first period 90 days) so you can stay legally, get support, and decide what you want to do. If you help an investigation and would be in danger in your home country, there is a permanent visa (the Referred Stay visa). You can get support without going to the police through the Additional Referral Pathway — (Section 3.3).
Workplace Justice Visa: if you have been exploited at work, you may be able to stay and work while you deal with your legal claim — (Section 3.3).
Family violence provisions: if your visa depends on a partner who is hurting or controlling you, you may be able to stay in Australia without them — (Section 3.3).

There are many other visa types

Australia has more than 100 types of visa, and every visa has its own conditions. Some important things to know:

If you are on a family member’s visa (for example, as the partner of a student or a sponsored worker), you have your own conditions. Your work rights can be different from the main visa holder’s.
Some visas only let you live and work in certain areas (for example, Skilled Regional visas). Working in a different city can be in breach your visa conditions — even if the work itself is allowed.
If your visa is not listed here, do not guess. Check your conditions in VEVO (see Section 1.2), or ask a sex worker organisation to help you check.

Immigration laws and sex work laws are different

Even if you have a valid visa and permission to work in Australia, you still need to follow the sex work laws in the state or territory where you work. If you engage in sex work that is illegal in that state or territory, you may face criminal penalties, even if your visa gives you full work rights.

Always check the law for where you are.

1.2 How to check your visa and work rights

Your visa rules can change, and it is easy to forget the exact date your visa ends.

Australia does not put visa stickers or stamps in passports. Your visa is digital. The government keeps your visa record online, linked to your passport number. So you must check online to see your work rules and expiry date.

VEVO (Visa Entitlement Verification Online)

VEVO is a free government tool that shows your current visa and its conditions. For instructions on how to use VEVO

What it shows: your visa type, your work rights, any work conditions, and your visa expiry date.
What it does not show: it is not a work permit by itself, and it does not show sex work laws.
Keep a copy: save a PDF of your VEVO on your phone to show an employer if needed.
For employers: an employer can check your VEVO only with your permission.

Other ways to check

ImmiAccount: your online account for visa applications and details.
Visa grant notice: the letter you received when your visa was granted. It lists your conditions.
Global Service Centre: You can call the Department of Home Affairs on 131 881 to check your visa status, verify your visa conditions, or confirm if a visa applied for by a partner, agency, or third party is legitimate. Press 6 to request an interpreter in your language. (If calling from outside Australia, call +61 2 6196 0196).

Watch out for visa and other scams

There are lots of scam websites, and people pretending to be the Australian government or migration agents.
Be careful of TFN scams. Do not pay someone who advertises that they can sell or arrange a TFN for you.
Always make sure that you read any visa applications or papers submitted to the Department of Home Affairs/immigration on your behalf. You can still be held responsible for things submitted on your behalf even if you didn’t authorise them being sent.
The government will never ask you to pay a fee through gift cards, or over the phone in an unusual way.
Be careful with anyone who promises a visa for a large payment, or asks to keep your documents.
If someone arranged your visa for you, you should always check the visa conditions yourself.
If you are not sure, check with a sex worker organisation or a community legal centre before you pay or sign anything.

1.3 If your visa has expired or may be cancelled

Finding out that your visa has expired or might be cancelled can be very frightening. There are safe, legal ways to fix your status, and help is available.

When your visa expires or is cancelled, you become an “unlawful non-citizen” straight away. There is no “grace period” where staying is allowed.

If you get a visa cancellation notice (NOICC)

In most cases, before cancelling a visa, the government will send you a Notice of Intention to Consider Cancellation (NOICC). This is a letter saying they are thinking about cancelling your visa, and why.

If you receive a NOICC, act immediately — the deadline is very short. You often have only 5 working days to respond (sometimes more, sometimes less). Your response must be in writing, in English. If you do not respond in time, your visa will almost certainly be cancelled.

What to do:

Get legal advice straight away — a sex worker organisation can connect you to free legal help fast (Section 4.1).
Do not ignore the letter, even if it is frightening.
In your response, you can explain your situation and give reasons why your visa should not be cancelled.
Keep your address and contact details up to date with the Department of Home Affairs so you never miss a notice.

Do not leave Australia because of a NOICC without getting legal advice first. Leaving does not stop the cancellation — the government can still cancel your visa after you leave, and you can be banned from re-entering Australia for 3 years, even though you left voluntarily.

If your visa is cancelled, you may be able to ask for a review — but that deadline is also very short. This is urgent: get advice the same day you receive the letter.

The 3-year ban

A 3-year ban stops you from being given most temporary visas for 3 years. There are two main ways to get one:

Overstaying: if you leave Australia more than 28 days after your visa expired (or leave on certain bridging visas granted after that point). Leaving, or fixing your status, within 28 days usually avoids this ban.
Cancellation: if your visa is cancelled in certain circumstances (including for providing incorrect information, for breach of a work authority or specific visa conditions) then you may be subject to a 3-year ban on returning to the country. That ban operates from the time your visa is cancelled, even if you later leave Australia voluntarily.

The ban is not always the end: it does not apply to every visa (for example, some partner visas), and it can be waived in compassionate or compelling circumstances. Get advice about your options.

There is also a rule that can stop you applying for most visas while you are in Australia if you do not have a current visa.

Bridging Visa E (BVE)

A Bridging Visa E (BVE) is issued to people who do not have a valid visa, but need time to sort out their immigration status or arrange to leave the country.

It usually comes with a no-work condition, but you may be able to apply for work rights if you are in financial hardship.
You cannot travel on a BVE. If you leave Australia on a BVE after overstaying, the 3-year ban can apply.

Get support before you contact immigration

Do not go to an immigration office by yourself before getting advice. If you go alone without a proper application ready, you may be given a very short visa and told to leave immediately.

Your first safe step is to contact your local sex worker organisation for referral to an appropriate service (Section 4.1).

Chapter 2: Sex work laws

The law depends on where you are

In Australia, each state and territory makes its own sex work laws. The same work can be legal in one place and illegal in another. Your visa is a national matter, but sex work law is not. Having the right to work on your visa does not mean all work is legal. If you engage in sex work that is illegal in that state or territory, you may face criminal penalties, regardless of your visa status or work rights. Always check the law for the exact place you are in and type of work you are doing.

There are three main systems right now:

Decriminalised — In New South Wales, Victoria, Queensland and the Northern Territory sex work is decriminalised. This means sex work is treated like other work and follows business, health, and planning rules. This gives you the most rights and safety. You can work by yourself, in pairs, or in groups, and businesses are regulated like any other workplace. Some decriminalised state/territories still have rules about some forms of sex work (for example, where street-based work is allowed).
Licensing / registration — In the Australian Capital Territory, sex work is legal only under special rules, such as registering a business or working alone. It means that some forms of sex work are legal and others are illegal.
Criminalised — In Western Australia, South Australia and Tasmania, some or most sex work is against the law.

Workers must be 18+

In all states and territories in Australia, it is illegal for anyone to pay, or offer to pay, a person under 18 for sexual services. It is also illegal for any person or business — including a brothel, an agency, or a private operator — to cause, allow, or make money from a person under 18 selling sex.

Adult online work (webcam, content creation, digital platforms)

Online adult work includes activities such as being on webcam or making paid sexual content on sites such as OnlyFans, clip sites, or other online content platforms.

Laws for online adult work and sex work in person are different. Generally, federal laws in Australia apply to online sexual content, depending on the activity, the people participating, consent, and how it is created, stored and shared. Some state or territory laws may also apply.

Pornography involving consenting adults is also regulated under Australian law. This content is age-restricted to people aged 18 and above, both online and physical mediums.

For both in person and online work, consent is important. People who are featured in sexual content must give their consent for it to be made and shared, and agreeing to have an intimate image or video made of you does not mean agreeing to it being shared. It could be an offence in Australia to share or threaten to share an intimate image or video of someone without their consent.

Separate from Australian law, platforms might have different rules about what kind of content can be made, streamed, shared, or sold on their platforms.

Your visa conditions also relate to online work. Some visa conditions (such as those on Visitor or Student visas) limit the amount of work that you can do in Australia. For visa purposes, work includes any activity that might be paid (whether or not you are actually paid for it). This can include gaining income from online content or platforms while you are located in Australia. You can check your work rights, conditions, and limitations using VEVO.

Keeping up to date: Visa rules and other laws can change. Check VEVO, as well as official government websites, which can provide the right information or refer you to appropriate services.

If you are not sure if what you do online is legal and allowed by your visa, contact your local sex worker organisation or get advice from a migration expert or lawyer.

Sex work laws by state and territory

	NSW	ACT	VIC	TAS	SA	WA	NT	QLD
Brothels	✅	🟠	✅	❌	❌	❌	✅	✅
Working privately (home or hotel)	✅	🟠	✅	🟠	❌	🟠	✅	✅
Outcall to client	✅	🟠	✅	🟠	❌	🟠	✅	✅
Street-based	🟠	❌	🟠	❌	❌	❌	✅	✅
Anti-discrimination protections	🟥	🟠	🟢	🟠	🟥	🟥	🟢	🟢

✅Decriminalised

🟠Restricted or limited

❌Criminalised

🟢Protected

🟥No protection

Even in states and territories that do not specifically protect sex workers from discrimination, you may still be protected under federal laws if you are treated unfairly because of your sex, race, disability, sexual orientation, or gender identity. These protections are set out in federal laws including the Sex Discrimination Act 1984 and the Racial Discrimination Act 1975, and they apply everywhere in Australia.

Decriminalised

New South Wales (NSW)

Establishments: Brothels and other sex work businesses are legal.

Working from home or hotel room: Legal. However, most local councils do not allow home-based sex work. A breach of council planning rules is not a criminal offence — it is a civil or planning enforcement matter.

Outcalls to client: Legal.

Street-based work: It is illegal to try to get clients, or to wait for clients, near or in view of homes, schools, places of worship (for example, a church), or hospitals.

Anti-discrimination: NSW does not currently have specific laws prohibiting discrimination based on occupation. This means you may face unfair treatment because you are a sex worker, including from landlords and other services.

Sex worker support: SWOP NSW.

Victoria (VIC)

Establishments: Brothels and other sex work businesses are legal and treated like other businesses under general planning rules.

Working from home or hotel room: Legal and covered by local council planning rules, and by your lease or the hotel’s rules. Rules for sex work are the same as the rules for any other type of work.

Outcall to client: Legal.

Street-based work: Legal, but there are restrictions on where and when you can wait and look for clients. You cannot wait or look for clients at or near schools, childcare and education services, or places of worship at certain times.

Anti-discrimination: You are protected from discrimination based on your occupation (job), which includes sex work. This means you have the right to equal treatment and cannot be denied services, housing, employment or other opportunities because you are, or have been, a sex worker.

Sex worker organisation: Vixen.

Queensland (QLD)

Establishments: Brothels and other sex work businesses are legal and treated like other businesses under general planning rules.

Working from home or hotel room: Legal and covered by local council planning rules, and by your lease or the hotel’s rules. A hotel cannot apply different rules just because you are a sex worker.

Outcall to client: Legal.

Street-based work: Legal.

Anti-discrimination: You are protected from discrimination based on your occupation as a sex worker. Sex work activity is a protected attribute, meaning you have the right to equal treatment and cannot be refused services, housing, employment or other opportunities because you are, or have been, a sex worker.

Sex worker organisation: Respect Inc.

Northern Territory (NT)

Establishments: Brothels and other sex work businesses are legal and regulated like other work. A business with three or more workers must hold a Suitability Certificate.

Working from home or hotel room: Legal and covered by local council planning rules, and by your lease or the hotel’s rules. Rules for sex work are the same as the rules for any other type of work.

Outcall to client: Legal.

Street-based work: Legal.

Anti-discrimination: You are protected from discrimination based on your occupation as a sex worker.This means you have the right to equal treatment and cannot be denied services, housing, employment or other opportunities because you are, or have been, a sex worker.

Sex worker organisation: SWOP NT.

Licensing / registration

Australian Capital Territory (ACT)

Establishments: Only registered brothels and escort agencies are permitted, and only within the Fyshwick and Mitchell industrial areas.

Working from home or hotel room: Legal if you work alone. Working with another sex worker is not allowed. Covered by local council planning rules, and by your lease or the hotel’s rules.

Street-based work: Illegal.

Outcall to client: Legal if you work alone. A commercial escort agency must be registered before operating.

Anti-discrimination: The ACT protects people from discrimination based on their profession, trade or occupation, which can provide protection for sex workers. Generally, you cannot be treated unfairly in employment, accommodation, education, or the provision of goods and services because of your work. However, there are exceptions that permit ‘reasonable’ discrimination, and many ACT sex workers have been failed by anti-discrimination law. .

Sex worker organisation: SWOP ACT

Criminalised

Western Australia (WA)

Establishments: Working at a brothel or other establishment is not itself illegal. However, n keeping or managing a brothel is a crime.,

Working from home or hotel room: Working alone as a private worker is generally legal. However, local councils, landlords and building management may prohibit sex work in residential areas. Outcall to client: Providing outcalls as a private sex worker is generally legal.

Street-based work: It is illegal to seek clients (for yourself or another person) in the view or within hearing of a public place.

Anti-discrimination: WA does not currently have specific laws protecting sex workers from discrimination.

Sex worker organisation: Magenta and SWEAR WA.

South Australia (SA)

Establishments: Brothels and other establishments that offer sexual services are illegal.

Working from home: Working from a private home or hotel is illegal.

Outcall to client: Working from a client’s home or hotel can be treated as an illegal brothel.

Street-based work: Illegal.

Anti-discrimination: SA does not currently have specific laws protecting sex workers from discrimination.

Sex worker organisation: SIN (Sex Industry Network).

Tasmania (TAS)

Establishments: Brothels and other establishments that offer sexual services are illegal.

Working from home or hotel room: You can work by yourself, or with one other person, provided neither person manages or employs the other.

Outcall to client: Legal if you work for yourself. Working through an escort agency is illegal.

Street-based work: Illegal.

Anti-discrimination: If you do lawful sex work, whether working alone or as a pair where neither person manages the other, you are protected from discrimination. This protection does not extend to sex work that is criminalised in Tasmania.

Sex worker organisation: SWOP Tasmania.

Laws can change

Sex work laws are being reviewed in multiple states and territories. This information is current as of October 2026. Always check the rules for your area before you start, and contact your local sex worker organisation for the latest news.

Discrimination: what you can do

In some states and territories in Australia, it is against the law to refuse you a room, a rental home, or a bank account because of your involvement in sex work. However, this protection does not apply in every part of Australia. Please refer to the table above to check the rules that apply in your state or territory.

If you believe you are experiencing discrimination (for example being kicked out of a hotel for sex work):

If your state or territory has protections for sex workers, you can calmly tell them: “Refusing me because you think I am a sex worker is against the law in this state/territory.” Sometimes this is enough to stop the problem. If they still refuse, do not argue, remain calm and keep to the steps below.
Stay safe first. If it is late, ask for time to pack and to find somewhere else to stay before you leave.
Write down what happened. Record the date, the hotel, any staff names, and what was said. Keep any messages, emails, and receipts.
Ask for your money back for the nights you did not stay.
Contact your sex worker organisation. They can tell you whether the law in your state or territory protects you and help you decide what to do next.

Making a complaint: In states and territories with legal protection, you can make a free complaint to your state or territory’s anti-discrimination body. Time limits may apply, so get advice as soon as possible. The bodies for each state and territory are:

Australian Capital Territory (ACT): ACT Human Rights Commission.
New South Wales (NSW): Anti-Discrimination NSW.
Northern Territory (NT): NT Anti-Discrimination Commission.
Queensland (QLD): Queensland Human Rights Commission.
South Australia (SA): Equal Opportunity Commission SA (Equal Opportunity SA).
Tasmania (TAS): Equal Opportunity Tasmania.
Victoria (VIC): Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
Western Australia (WA): Equal Opportunity Commission WA.

If you have experienced discrimination based on your sex, race, disability, or another ground protected by federal law, you can also make a free complaint to the Australian Human Rights Commission (AHRC) — this is a national body and is available no matter which state or territory you are in. Your local sex worker organisation can support you to make a complaint about discrimination.

If you are not protected by your state or territory anti-discrimination laws, you can still report what happened to your sex worker organisation. They record discrimination and use it to push for better laws.

Chapter 3: Your rights and safety

3.1 Your rights and safety at work

All workers in Australia have workplace rights, regardless of their visa status.

Your workplace rights apply even if:

you have breached a visa condition;
your visa does not allow you to work; or
you do not have a valid visa.

Your rights include:

Protection from crime. The law protects you from assault, sexual violence, and theft, regardless of your job or visa status.
The right to be paid. You must be paid for work you have completed. If your boss refuses to pay you, that is against the law.
Protection against discrimination. Anti-discrimination laws may protect you from unfair treatment, although the available protections vary between states and territories.
The right to a safe workplace. Your employer must keep the workplace safe and healthy. You have the same work health and safety rights as any other worker, no matter what your visa status is.

However, if you are or have been working on a visa that does not allow you to work there is no guaranteed protection against visa cancellation and deportation — even if something illegal has happened to you. If you are facing workplace issues you should seek support from a sex worker organisation and referral for legal advice. You can also make anonymous reports to protect your identity.

If your work is against state or territory law

Even in states or territories where some or all sex work is against the law, you still have rights.

However, using those rights can carry risks where the sex work itself, or the way it is being conducted, is illegal:

Reporting a safety problem to a government agency (such as WorkSafe) may draw attention to the workplace and could lead to police action. In some cases, you or your co-workers could face charges.
Reporting a crime to the police (for example, an assault or a theft) could result in you being charged with sex work offences.

This is unfair, and it is one of the reasons sex worker organisations are campaigning for full decriminalisation. However, it is the current reality in some states and territories.

You can still access help and support. Talk to your local sex worker organisation before contacting any government agency or the police. They can help you find the safest way to get help, including through anonymous reporting and sex-worker-friendly legal advice.

Work health and safety

In decriminalised states (NSW, VIC, QLD, NT), sex work has the same WHS protections as any other job. There are sex worker guidelines that can give you information about safer working practices.

In the ACT there is a WHS code of practice that applies to legal sex work.

In criminalised states (WA, SA, TAS) WHS protection can be harder to use because of the sex work laws. A sex worker organisation can help you understand your situation.

Each state and territory has an independent WHS regulator where you can make anonymous reports if there are workplace issues.

Sexual health

Red Book Online is a guide to sexual health created by sex workers, for sex workers. It has information in many languages, including about STI, BBV and HIV testing and treatment.

Many public sexual health clinics offer free STI checks, and you may not need a Medicare card. Some sex worker organisations also run clinics that are anonymous, with no ID needed. Your sex worker organisation can tell you the closest sex-worker-friendly clinic. Refer to section 4.1 for your local sex worker peer organisations.

Being paid correctly: TFN, ABN, and sham contracts

Most sex workers in Australia are treated as independent contractors, even if we work for an establishment.

Independent contractor: If you genuinely run your own business which means you control when, where and how you work – you should use an Australian Business Number (ABN). You manage your own tax and sometimes superannuation. As a sole trader, you use your personal TFN for your tax return. You may also need an ABN for your business activities.
Employee: If you are an employee, you should have a TFN. Your employer must pay you at least the minimum wage, provide entitlements you are entitled to such as leave and superannuation. This applies whether you are a casual, part-time, or full-time worker or what visa you hold, however casual employees receive higher minimum pay instead of some leave entitlements. If you do not give your TFN to your employer, more tax may be taken out of your pay. This does not necessarily mean you will lose that money permanently, as you may be able to get some of it back when you lodge your tax return.
Sham contracting: It is against the law for a business to tell you to get an ABN so they can avoid paying you minimum wages, leave and superannuation. If you are treated like an employee (for example, you are told when to work, cannot refuse shifts, or cannot negotiate your own prices), you may actually be an employee, even if the business calls you a contractor. This is called sham contracting and is against the law.

If you are not sure whether you are an employee or a contractor, or you need help with applying for an ABN or getting tax information, a sex worker organisation may be able to connect you with a community legal centre or a sex-worker-friendly lawyer. In some cases, a peer educator may also be able to support you with the referral or attend an appointment with you.

The Fair Work Ombudsman also provides free information and assistance about workplace rights. They may also be able to help if you have not been paid correctly or are owed wages or other entitlements.

The Fair Work Act 2009 (Cth) also has “general protections” that make it against the law for an employer to punish you for exercising a workplace right — for example, making a complaint about your pay or safety conditions. A sex worker organisation or a community legal centre can give you more advice about this,

Getting paid, and unfair deductions

There are strict limits on what a business can legally take from your pay. An employer can only make deductions if you agree in writing and the deduction is mainly for your benefit, or if it is required by law (such as tax).
If you are an employee, a deduction cannot reduce your pay below the legal minimum wage.
“House fees,” fines, and other charges may not be lawful. If money is being deducted from your pay, ask for a clear explanation and keep records of what you earn and what is taken from you.
Try to keep screenshots of bookings, payment receipts, messages about pay and notes of your shifts. These records can help if you need to make a complaint later.
If money is being taken unfairly, see Section 3.

If you are an employee, your employer must keep records of your pay, hours and leave. Independent contractors have different rights and obligations. Whether you are an employee or an independent contractor, keeping your own records, such as screenshots, messages and notes, can help if there is a dispute about your pay.

3.2 Signs of workplace exploitation

Exploitation can happen in any job. Here are some common warning signs.

You were told one thing before you started, but the work, pay, or living conditions are very different now.
You are being paid much less than you were promised, or much less than others.
Large “debts,” “fines,” or “bond” amounts are taken from your pay, and you cannot see how they are worked out.
You are being pressured or made to work very long hours, or to work hours you did not agree to.
You are not being paid for all of the work you do.

Passport and document safety

Your passport and visa papers belong to you. It is not lawful for a boss or manager to take and keep your passport, visa documents, or phone to stop you leaving or getting help. Your boss or manager may ask for a copy of your passport or visa to check your work rights. However, they should not keep your original passport or other identity documents.

Threats about your visa

Some bosses threaten to “call immigration” or “cancel your visa” if you complain. A boss cannot cancel your visa — only the Department of Home Affairs can. Threats like this can be a sign of exploitation, and there are protections for people who report. By making threats like this, your boss may be committing a crime or breaching a part of the Migration Act, which says that bosses cannot coerce or threaten workers based on their visa status. You should get advice from a sex work organisation or community legal centre if this is happening to you.

3.3 If you are experiencing exploitation or violence

You have rights at work even if you are working against your visa conditions, and even if your visa has expired. You do not have to deal with a bad situation alone.

Letting someone keep your documents is dangerous, because it gives them power over you:

Without your passport, it is much harder to leave a bad workplace, move, open a bank account, see a doctor, get legal help, or prove who you are.
Someone holding your documents can use them to pressure you — for example, making you work more hours, accept unfair pay, or stay silent about problems.
Taking or keeping someone’s documents to control them is a crime in Australia, and it is one of the warning signs of modern slavery (see section 3.2).

Safe ways to report

The government has protections so that reporting exploitation does not automatically cost you your visa.

Under the Strengthening Reporting Protections, the government may agree not to cancel your visa for a breach (such as working too many hours) if the breach was caused by workplace exploitation and you are reporting it. This only applies if your visa has work rights. You may also be able to access the Workplace Justice Visa (see below).
The Fair Work Ombudsman is the government workplace regulator. You can report a workplace problem, including anonymously.

Even so, get advice from a sex worker organisation or a legal service before you contact a government office. They can help you choose the safest path for your situation.

If you have experienced serious exploitation or modern slavery

Under Australian law, modern slavery means when someone uses coercion (like manipulation, control or violence), threats or lies to force someone to do work, marry someone or be exploited.

Some signs of this could be:

Being told you must pay back a large debt before you can stop working or leave
Not being free to leave work
Being threatened with violence, deportation, being reported to immigration authorities or other serious consequences.
Having your passport or phone taken off you and not being able to get it back
Being forced or pressured to do things you do not want to
Being prevented from accessing money, medical care, legal assistance or support services.
Being closely monitored or controlled and not allowed to make your own decisions.

The Additional Referral Pathway (ARP) is a free, confidential service that can help people who have experienced serious exploitation or modern slavery. It is available whatever your visa status. It can give you legal and migration advice, safety planning, welfare support, an interpreter, and a referral to further support if you are eligible.

Phone: 1800 000 277
Email: [email protected]

If you are assessed as eligible through the ARP, you can be referred to the government’s Support for Trafficked People Program (STPP), delivered by the Australian Red Cross. However, if you do not already have a valid visa, you will need a visa through the Human Trafficking Visa Framework to access STPP support. It provides intensive, confidential support such as safe housing, a living allowance, and access to medical and counselling care.

You do not have to be sure whether your situation “counts” as modern slavery. You can talk to a sex worker organisation first, and they can help you understand your options and, if you want, help you contact these services.

The Workplace Justice Visa (Subclass 408)

If you have experienced exploitation at work (such as unpaid wages, pressure to work too many hours, threats, or discrimination), you may be able to get a Workplace Justice Visa.

It is free (no visa application charge).
It lets you stay in Australia for 6 to 12 months with full work rights (any job, any employer, including working for yourself). The visa can be renewed.
To apply, you must be in Australia and hold (or have recently held) a temporary visa with work rights — one that has 28 days or fewer left, or that expired no more than 28 days ago. Bridging visas and Visitor visas do not count.
You lodge the application yourself, but first you must get certification of your exploitation from an accredited organisation (like a legal service of union) or a participating government agency (like the Fair Work Ombudsman).

Contact a sex worker organisation first. Find your local sex worker organisation in Section 4.1. They will give you support in the steps you need to take and connect you with sex worker friendly services.

If you are experiencing family or domestic violence

You do not have to stay in a violent relationship to stay in Australia.

Family violence is not only physical. It includes sexual, emotional, and financial abuse, threats, and controlling behaviour — including threats about your visa. A partner cannot cancel your visa — only the Department of Home Affairs can. Threatening to “have you deported” is itself a form of abuse.

If you are on a Partner visa, or have applied for one: the law has special rules called the family violence provisions. If your relationship ends because of family violence, you may still be able to get permanent residence — without your partner. You will need evidence. This can be from a court or the police, or from other people such as a doctor, social worker, or psychologist. A free legal centre can help you gather it (Section 4).

If you are on another visa (for example, a Student visa, or as the partner of a sponsored worker): there are fewer protections, but you still have options — and some people on skilled visas as a family member can also use the family violence provisions. Get advice quickly.

If you already have permanent residence: your partner cannot have it taken away because the relationship ends.

Support is available whatever your visa:

If you are in immediate danger, and it is safe to do so, call 000.
Your local sex worker organisation can support you in confidence, without judgment about your work, and connect you to family violence services they trust (Section 4.1).
1800RESPECT — 1800 737 732 — the national 24-hour family violence counselling line. Free and confidential. To talk in your language, call the free interpreter service (TIS) on 131 450, say your language, and ask them to call 1800RESPECT for you. If it is not safe to talk out loud, you can text 1800RESPECT on 0458 737 732 or use the chat on their website.
Most states also have specialist family violence services for different communities. For example, there are services for migrant and refugee people, who can support you in your language, and services for LGBTIQ+ people. A sex worker organisation or 1800RESPECT can help you find the right service for you.
Temporary visa holders experiencing family violence may be able to get financial support through the Leaving Violence Program

If it is safe, keep evidence (messages, photos, medical or police records) somewhere the person using violence cannot find it. Your safety comes first — a support service can help you plan this.

3.4. Dealing with enforcement officers

Different officers have very different powers. The most important thing to know is who can stop you from leaving, and who cannot.

Agency	Entry powers	What they can do	Can they stop you leaving?
Immigration / Border Force	Only with consent or a search warrant. Their warrant can be signed inside the Department, not by a judge.	Search, check documents, question people. At the airport, they can also search your bags and phone, and cancel a visa on arrival.	Yes If they believe you do not have a valid visa they must detain you. If you have a valid visa they can hold you for questioning.
State / territory police	Usually police need a search warrant or consent to enter a property — unless there is an emergency, or to make an arrest. Some states have extra powers over sex-work premises.	Search (with a warrant), arrest, seize evidence. In decriminalised states they should treat your workplace like any other.	Only if they arrest you, or are lawfully holding you for questioning.
Federal Police (AFP)	Usually police need a search warrant or consent to enter a property — unless there is an emergency, or to make an arrest.	Search (with a warrant), arrest, seize evidence.	Only if they arrest you, or are lawfully holding you for questioning.
Tax office (ATO)	No warrant needed, but they must show written authority if you ask and they usually cannot force entry. For serious fraud, they can come with police/AFP holding a search warrant that does allow forced entry.	Look at and copy documents (they cannot take them without your consent). If you refuse, they can order your documents with a formal notice (refusing is a crime).	No on a normal visit. If police/AFP attend with a warrant, arrest or holding for questioning is possible.
Work safety inspectors	Can enter your workplace during work hours without a warrant. They need your consent or a warrant to enter a home.	Check the workplace, take photos, ask for documents, ask questions. Inspectors have the legal power to require your name and address.	No. They are not police or immigration.
Fair Work inspectors	Can enter your workplace during work hours without a warrant. They need your consent or a warrant to enter a home. However, if a sex work business operates from the home, they may be able to enter during work hours without a warrant.	Inspect work, interview employees and employers, inspect and copy records or pay documents, and issue warnings or fines if rules are broken. Inspector has the legal power to require your name and address if they reasonably believe that a workplace law, award, or agreement has been broken.	No. They are not police or immigration.

In any of these situations you can ask for an interpreter, ask to speak to a lawyer if you are detained, and refuse to sign anything you do not understand. You usually must give your name and address. Do not lie — giving false information can be a crime. Always ask which agency the officer is from.

If officers arrive at your workplace

Stay calm. Ask: “Which agency are you from?” Ask to see their ID, and any warrant.
Write down their names, agency, and ID numbers, with the date and time. Ask before taking a photo.
Say: “I want an interpreter.” This is free.
Say: “I want advice before I answer questions.” Then contact your sex worker organisation or a lawyer (Section 4).
Give your name and address if asked. Do not lie.
Do not sign anything you do not understand.
Do not block them or hide things — that can be a crime, even if you have done nothing else wrong.
If you are detained: say “I want a lawyer.” You do not have to answer other questions. Ask which agency is holding you, and where you are being taken.
Afterwards: contact your sex worker organisation straight away, even if nothing happened to you. They can support you and record what happened.

Immigration / Australian Border Force

Can you prevent them from coming in?

They need your consent or a warrant. You can withdraw consent at any time. If they do not have a warrant you can refuse them entry. Their warrant can come from the Secretary or Commissioner of the Australian Border Force or from a court.

What can they do?

They can search the premises, look at documents, question people, and search people who are detained. If the warrant is not from a court, they can only ask questions to confirm your identity and visa status. At the airport, they can also search your bags, phone, and laptop, and cancel a visa on arrival.

Can they stop you leaving?

If you do not have a visa: Yes — the law says they must detain you.

If you have a valid visa, but they suspect you have breached a visa condition: breaching a condition does not make you unlawful — you remain lawful until your visa is cancelled. They can hold you for questioning for a short time, and only if they think you would run away or not cooperate. They must let you go if they have no legal reason to keep you. Your visa cannot be cancelled on the spot.

If they cancel your visa for a breach, you become unlawful — and then detention is required. Cancellation usually comes with a written notice and a chance to respond first (see Section 1.3).

Protect yourself: carry proof of your work rights (save your VEVO). If your visa is a problem, get confidential advice before any contact with immigration.

For more information about what to do if Border Force comes to your workplace see this fact sheet

State and territory police

Police powers are set by each state, and sex work laws add extra powers in some places (see Section 2).

Getting in: usually a search warrant. They can enter without one with consent (which you can take back), or without consent in an emergency, or to make an arrest. In states where some or all forms of sex work are criminalised, police may have extra powers — for example, in South Australia, a senior police officer may enter any premises without a warrant if they suspect “on reasonable grounds” that the premises is a brothel. In decriminalised states, they should treat your workplace like any other.

Can they stop you leaving? Only if they arrest you, or are lawfully holding you.

If a crime is committed against you, you can report it and should be taken seriously.

Australian Federal Police (AFP)

The AFP is the national police force, and it is different from state and territory police. It investigates crimes against national law, including human trafficking and slavery. It is the lead agency for these crimes.

Getting in: usually a search warrant from a magistrate; or with your consent or in an emergency.

Can they stop you leaving? Only if they arrest you. After arrest, they can hold you for questioning only for a limited time — usually up to 4 hours. A magistrate can extend this. You have the right to stay silent and to contact a lawyer.

You can get help without going to the police. If you have been trafficked or exploited, you do not have to contact the AFP or any police to get support. The Additional Referral Pathway connects you to confidential support without contacting police first — phone 1800 000 277 (see the modern slavery information).

Tax office (ATO)

A normal visit: the ATO does not need a warrant, but they must show you written authority if you ask. They can look at and copy documents, but they cannot take your documents without your consent, and they cannot hold you.

If you do not let them in: they usually cannot force their way in. Instead they can order you to hand over documents with a formal notice (refusing is a crime), go to court, or get the records from someone else (like your bank).

When police come with a warrant — this is different and serious. For suspected serious tax fraud, the ATO works with the police and the AFP. They can come with a search warrant, which does allow them to force entry and take documents and devices. If this happens, it is a criminal investigation — get legal advice straight away.

You can be registered for tax and keep your work private. An accountant or peer organisation can help.

Work safety inspectors (WorkSafe / SafeWork)

Getting in: they can enter your workplace during work hours without a warrant. They need your consent or a warrant to enter a home.

What they can do: check the workplace, take photos, ask for documents, and ask questions. The inspector must show their ID and give you warnings before making you answer. You must give your name and address and answer their questions.

The rules about answering questions are different in Victoria:

In Victoria: you can refuse to answer a question if the answer could get you in trouble with the law. The inspector must tell you about this right first.
Everywhere else: you cannot refuse to answer for that reason — but what you say cannot then be used against you in court.

The inspector cannot hold you or force you to answer. But refusing without a good reason is a crime — you can be fined or charged later, and the inspector can call the police if things escalate. Instead of refusing, stay calm and say you want to get advice before answering. Asking for advice first is allowed, and the inspector will usually wait. You can also ask for the interview to be private, and you can ask for an interpreter.

They are not police or immigration. In decriminalised states, they may visit sex work workplaces like any other workplace.

In any of these situations, you can:

Ask for an interpreter. It is important you understand everything being said.
Ask to speak to a lawyer if you are detained or arrested. You can also ask for time to get advice before answering questions — this is especially important for a visa problem.
Refuse to sign anything you do not understand — ask for it to be translated first.
Ask which agency the officer is from and to see their ID or authority. Their powers are very different.
Write down the officer’s name, their agency, and the ID number, with the date and time. You can also ask if you may photograph the ID. This record will help you later if you want to make a complaint about how you were treated.
Every agency has a way to report an officer’s behaviour — a sex worker organisation or legal centre can help you do this.

You usually must give your name and address. Do not lie — giving false information can be a crime.

Chapter 4: Important contacts

4.1 Getting help and support

Peer sex worker organisations

Peer organisations are run by and for sex workers. They offer free, confidential support, information, and referrals. Some have staff that can speak to you in your language.

Sex worker organisations are not only for problems. They are also a community. Many run drop-in spaces and social events. Being connected to other workers is one of the strongest protections against isolation.

Free phone interpreters

Free interpreters for any phone service — TIS National: 131 450. Available 24 hours. Say your language, then tell the operator which service you want to call. Most calls are free for you.

4.2. Important contacts and QR codes

October 10, 2026