Exempt Escorts - Federation of Community Legal Centres Victoria

Transcription

RhED (Resourcing health & education in the sex industry) with
St Kilda Legal Service, 2013 - Shining light on street workers rights
Registering to work
as an Exempt Escort?
After you are registered
> The BLA will send your SWA number.
YOU CAN WORK LEGALLY
AS AN ESCORT. RHED CAN
HELP YOU TO REGISTER.
You need to apply for a SWA (Sex Work Act)
number from the BLA (Business Licencing
Authority). You register as a small owneroperator (exempt sex work service provider).
Registration is free.
The BLA needs:
> Your name, address, phone number
and date of birth
> Identification documents
> Any other name you have been known as
> An ABN (Australian Business Number) if
you have one.
>
>
Your name is on a register that is closed
to the public. If government bodies
(police, tax office and immigration) want
to read the register they must apply in
writing, with a reason, to the BLA.
The BLA send you an Annual Statement
every 12 months and you must return it
(by post or online) to say you intend to
continue working as an exempt escort.
The BLA sends this to your nominated
address, so it’s very important to contact
the BLA if you move house.
You can remove your name and details
from the register at any time.
Exempt Escorts*
What exempt escorts can and can't do
What you can do
What you can’t do
You can apply for a Sex Work Act (SWA) number
You can’t work without a SWA number.
Outcalls – you can visit a client at their home
or a hotel/motel where a booking has been
made in the client’s name.
You can’t work from your home or a casual/
permanent hotel where a booking is made
in your name.
You can use a driver.
You can’t advertise for workers or employ anyone.
You can take phone calls from clients, make
your own bookings, manage finances and
manage safety.
You can’t have an agreement with someone to
refer clients to you or give someone a cut for
finding clients.
You can’t refer your clients to other sex
workers not in your business.
You can work with only 1 other worker, so you
share one SWA number. You both need to register
your name and contact details with the BLA.
More than 2 people cannot work on the
same SWA number.
You can advertise your services online and
in the local paper. Talk to RhED about other
options (your ad must include your SWA number).
The ad can’t describe sexual services, use the
words ‘massage’ ‘masseuse’ or ‘remedial’,
and you can’t advertise on TV.
You can use photos in an ad but only head and
shoulders. If the photo is not of you then you
need that person’s written permission.
Your ad can’t be bigger than 18cm x 13cm,
unless it appears on the internet.
An ad can include your sexual orientation.
For example, you might say ‘Gay male
escort’ or ‘Male clients only’.
An ad must not refer to your race, colour
or ethnic background.
The ad can say that safe sex is practiced
and that condoms are always used.
An ad must not refer to your health or
medical testing.
RHED CAN HELP YOU
REGISTER TO WORK
LEGALLY AS AN ESCORT.
St Kilda Legal Service is happy to help:
ask for the Outreach Lawyer
0401 095 261
RhED are here to help too:
1800 458 752
[email protected]
10 Inkerman St, St Kilda
visit - sexworker.org.au
*This legal information is of a general nature, you should seek advice from a lawyer.
The offence
It is illegal for a mug to hang around or visit a
public place with the intention to see, solicit
or invite a sex worker.
The penalties
> Mugs may be given a banning notice
or be warned by police. They may be
arrested and charged.
> The maximum penalty for a mug’s first
offence in public is about $1443 (in 2013)
or up to 1 month in jail.
> If mugs hang around a church, hospital or
place where children go (school, beach,
playground) the maximum is tripled for a
first offence to $4330 (in 2013) or up to 3
months in jail.
> The maximum penalties for mugs are
much higher than for sex workers.
Banning notices
> Banning notices apply in St Kilda.
> Banning notices can’t be given to
workers.
> The mug must give their name and
address to police.
> Police can use reasonable force to
>
>
make a mug leave an area if they think
they have invited or solicited sex from
someone in public.
Police can’t issue a banning notice if they
think the mug lives or works in the area.
Refusing to leave an area when told and/
or re-entering during a banning notice
means a fine of about $2800 (in 2013).
Protecting yourself*
What is on a Banning notice?
> The mug’s name and a map of the area
they can’t enter
> The police officer’s details
> The time the ban applies for
(up to 72 hours)
VISIT RHED TO PICK UP
THE LATEST UGLY MUGS
BOOKLET OR SUBSCRIBE
TO SMS & EMAIL UPDATES
Mugs & the Law*
What can I carry?
What can't I carry?
Everyday items like keys and deodorant can
be carried.
> If you spray an attacker with deodorant, you
probably won’t be charged with carrying a
dangerous article. You have a lawful reason
to carry deodorant. You are not carrying it
for self defence, or as a weapon.
> If you intend to use the deodorant as a
weapon, you are breaking the law. Selfdefence is not a lawful excuse for carrying
a weapon.
> Phone apps that sound an alarm might also
scare off an attacker.
You can’t carry flick knives and other sharp
weapons, capsicum or mace spray.
> Items that are not normally weapons
can be illegal if you plan to use them as a
weapon.
> For example, tradesmen might carry
screwdrivers for work but if a sex worker
carries a screwdriver they probably have no
reasonable excuse to carry it, other than to
use it as a possible weapon.
Spotters
> Spotters might be breaking the law
if a worker is paying them.
> It is illegal to force someone to hand over
money from sex work. ‘Force’ includes
assault, threats, intimidation or restricting
drug supply.
0401 095 261
1800 458 752
[email protected]
How to deal with fines
Dealing with fines
*
There are options
> You can ask for a review of your fine. A review
might cancel the fine or reduce the fine.
> Fines can be reviewed early (with the
organisation that fined you) or later
(with the Infringements Court).
> It is best to speak to St Kilda Legal
Service or RhED for help about the
best time to apply for review.
> There are rules for applying for a review of a
fine. St Kilda Legal Service or RhED know
all these rules. Other professionals such
as some counsellors may not know all the
rules, so it might be best for RhED or St
Kilda Legal Service to help with a fine.
Having your fine reviewed
You can apply in writing for a review of
your fine. St Kilda Legal Service or RhED
can help with having a fine reviewed. You
can’t apply for a review of a fine for drink
or drug driving or for speeding 25 km
over the speed limit.
ST KILDA LEGAL SERVICE
OR RHED CAN HELP WITH
HAVING A FINE REVIEWED.
7-Day notice final warning
> Call the St Kilda Legal Service or RhED
You can make a Special
Circumstances application if:
After you have made a Special
Circumstances Application:
> You must give your name and address
> You have a mental illness or intellectual
> The agency that gave you the fine (such
> A serious drug or alcohol addiction; OR
> You are homeless – including if
> The agency doesn’t respond so the
if you get a 7-day notice.
when a Sheriff asks.
Sheriff’s powers
> If you do nothing about the fine after
receiving the 7-day notice, a week later
a Sheriff can execute the infringements
warrant. A Sheriff can use force to
enter but only between 9am and 5pm.
> A Sheriff can’t take your basic
furniture, tv or clothes but may take
other belongings.
> They can’t take a vehicle worth less
than $7350 (in 2013).
> A Sheriff can clamp your tyres and
suspend your driver’s licence or vehicle
registration.
> A Sheriff can issue a community work
permit for fines totalling less than
$10,000, for you to pay off the fines.
disability; OR
you are living in crisis or transitional
accommodation); AND
> Can link the condition with the offence.
Other problems (like poverty or violence)
are relevant here too.
as Police or Department of Transport)
agrees you have a special circumstance
and they withdraw the fine; OR
fine stands and is heard in a Special
Circumstances list at the Magistrates’
Court. The court may withdraw the fine,
enforce the fine or order something else
like a donation to charity; OR
> The application is rejected. You can pay
the fine or be heard in court.
You can make an Exceptional
Circumstances application if:
After you have made an Exceptional
Circumstances Application:
> You have an excuse, but it’s not a
> The agency that gave you the fine
‘special circumstances’ reason (above).
It might be money stresses, domestic
violence, illness, trouble reading or
something else, AND
> Can link the circumstances with the
offence.
reduces the fine or withdraws it, OR
> You have your complaint heard in the
Magistrates Court.
0401 095 261
1800 458 752
[email protected]
What you must tell police
> There is no such thing as ‘off the record’.
Everything you say can be used in court.
Don’t assume something you say is not
relevant, you can’t know what is relevant
to the police file.
> If you decide not to make a statement,
it is important to say ‘no comment’ to
every question, apart from your name
and address. Call a lawyer as soon as
possible.
> If you decide you will make a statement,
you must be ready to speak in court.
If you don’t turn up at court you can
be arrested.
> Don’t sign a statement if you don’t
agree with anything it says.
Name and address
You only need to tell police your name
and address if:
> You are arrested.
> Police think you have committed or
are going to commit a crime .
> Police think you have information that
helps them with a serious crime
– they must tell you what the crime is.
> You are driving a vehicle, including
a motorbike.
The same rules are for PSOs (Protective
Services Officers) on trains and trams.
When another person has used
or is using your vehicle
> You must tell police the name, address,
>
or any other identifying information about
anyone using, or who has used your vehicle.
Refusing to tell police the details of
anyone using your vehicle can mean a
harsh penalty. A magistrate must cancel
your driver’s licence for 2 years. You will
be fined about $2888 (in 2013) and could
go to jail for up to 4 months.
Police must show you respect
> Police can question you, arrest you, give
>
>
>
you a warrant or summons, pick you up
on a warrant, or talk to you anywhere.
Police can’t treat you in an inhumane
or degrading way. This includes
humiliating you in front of others. If you
feel humiliated, talk to a lawyer about
making a complaint.
Police should act with decency,
especially if you tell them you are worried
other people will hear.
You have a right to see a doctor if you
need to, and you can ask for prescribed
medicine, including methadone and bupe.
What police must tell you
> Why they think you can help them
Talking to police*
investigate a crime or what law they
think you have broken.
> The officer’s name, rank and station,
if you ask.
> If you are arrested, police must tell you why
and that you have the right to say nothing.
> You have the right to call a lawyer and
support person if you are arrested.
> If you are not arrested, you can say
no to attending a police station.
> If you are reporting a rape, the police
must call the SOCIT (Sexual Offences
and Child Abuse Investigation Team).
> You have the right to a free interpreter.
If police treat you badly
> If you think police have treated you badly,
write down what happened, when,
where and who was involved. If there is
a witness, ask them to write their version
and to sign and date it.
> If police physically hurt you, take a photo
of your injuries. See a doctor if you can.
This is important for evidence.
> You can make a complaint about police to:
Victoria Police Ethical Standards Department
101 Lv 2, Flinders Tower, 637 Flinders St.
1300 363 101
Victoria Police Gay & Lesbian Advisory unit
9247 6944
> RhED or St Kilda Legal Service can
help you make a complaint.
YOU HAVE THE RIGHT
TO CALL A LAWYER AND
A SUPPORT PERSON
0401 095 261
1800 458 752
[email protected]
Debt collectors
*
Debt collectors cannot…
> Constantly call you, your employer
or family members.
> Threaten, intimidate, hurt, scare or lie
to you. They should not say judgemental
or disrespectful things.
> Take advantage of your vulnerability
– for example if you’re unwell, drunk
or affected by drugs.
> Refuse to leave when you ask them to.
> Disrespect your privacy – they shouldn’t
reveal any information about you to your
workplace, neighbours, friends or family,
and they shouldn’t tell them they are a
debt collector.
> Keep contacting you if they’ve been told
to talk to your lawyer.
> Keep contacting you after you have asked
them to stop – but they can continue
legal action to get you to pay.
> Debt Collectors don't have the same powers
as a sheriff. They can't seize and sell your
belongings, for example. Get help (see right)
because they can apply for a court order.
> To talk about the behaviour of a debt
collector or complain, call Consumer Affairs
on 1800 55 81 81. Or talk to Consumer
Action Law Centre on 1300 881 020.
If a debt collector phones or visits
> Write down who it was, when and what
was said. Tell them they can only contact
you in writing. Then ask for help. There
are lots of organisations that help with
debts (see below).
> Talk to a financial counsellor or lawyer
before talking to a debt collector about
a debt (even an old one), and before
agreeing to pay anything. Even if you have
agreed to pay something, you should still
get advice as it might help.
> The Consumer Action Law Centre has
fact sheets on debt collectors and a
hotline for free legal advice. Visit
Direct debits
> A bank must cancel a direct debit if you
ask. Check a few days later to make sure
the bank has done this.
> If you cancel a direct debit for paying
a debt you could be breaking your
agreement with a company. It could still
take action to get the money you owe. This
action might include a letter of demand or
court action.
> Talk to Centrelink about Centrepay to
have money automatically taken out of your
payments for bills.
consumeraction.org.au/help-for-consumers/
Paying legal costs
Law firms often demand legal costs when
they are chasing an unpaid bill. Ask for help
before paying any legal costs. You may not
need to pay them. You can usually pay the
company that you owe money to, not the law
firm they hired to get it.
0401 095 261
1800 458 752
[email protected]
When to get help
> Your only income is Centrelink money
Where to get help
> RhED can help find a free financial
> You have made no payments on a debt
> St Kilda Legal Service Outreach Lawyer
> You were misled about the purchase,
> Homeless Persons Legal Clinic
> You were forced to sign something
> You do not agree that you owe a debt
> You are bankrupt or are considering
> Money Help 1800 007 000
>
> Salvation Army Crisis Services
or you earn a low income
for the last 6 years
or lied to
bankruptcy
You can’t afford to pay.
counsellor
1800 458 752
0401 095 261
1800 606 313
moneyhelp.org.au
> Consumer Action Law Centre
1300 881 020 consumeraction.org.au
03 9536 7777

Exempt Escorts - Federation of Community Legal Centres Victoria

Transcription

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