Health and safety guidelines for sex services premises in NSW

This guide outlines the minimum standards for maintaining a safe and healthy environment for sex workers, clients, visitors and others in sex service premises in NSW.

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Chapters

  1. Regulation of sex work in NSW
  2. Sex workers are 'deemed workers'
  3. Consult workers
  4. Control workplace risks
  5. Work premises
  6. Staff and clients
  7. Safe work procedures
  8. Establish a 'no drugs, alcohol and smoking' policy
  9. Prevent violence
  10. Laundry services
  11. Waste disposal
  12. Swimming pools and spas
  13. Bars and food preparation
  14. Information and training
  15. Notify incidents
  16. Workers compensation and injury management
  17. More information

2. Sex workers are 'deemed workers'

The status of a person for tax purposes bears no direct relationship to that person’s status as a worker for workers compensation purposes.

According to previous legal cases involving NSW workers compensation matters, sex workers are ‘deemed workers’ of the SSP at which they are performing work (see part 16 for information).

The Workplace Injury Management and Workers Compensation Act 1998 defines a worker as a person who has entered into, or works under a contract of service or training with an employer (whether by way of manual labour, clerical work or otherwise, whether the contract is expressed or implied, and whether the contract is oral or in writing).

You must take out a workers compensation policy to cover all workers (including ‘deemed workers’).

Penalties apply for employers who do not hold a workers compensation policy or who under declare wages paid to workers.

To determine the status of a worker, contact the State Insurance Regulatory Authority (SIRA) on 13 10 50 or lodge a private ruling application.