Further decriminalisation of premises followed with the  implementation of recommendations from the Select Committee of the Legislative Assembly Upon Prostitution — Although the committee had recommended relaxing the soliciting laws, the new Greiner Liberal government tightened these provisions further in through the Summary Offences Act in response to community pressure. The suburbs of King's Cross in Sydney and Islington in Newcastle have been traditional centres of prostitution.
New South Wales is the only Australian state that legalises street prostitution. But community groups in those locations have occasionally lobbied for re-criminalisation. As promised in its election campaign, the Liberal Party sought review of the regulation of brothels. In September , it issues a discussion paper on review of the regulations. Nevertheless, there is no evidence of a negative effect of brothels on the community. Generally prostitution policy in NSW has been bipartisan.
But in the Liberal centre-right opposition announced that it would make prostitution reform part of its campaign for the March State election. The plan would involve a new licensing authority, following revelations that the sex industry had been expanding and operating illegallly as well as in legal premises. The Liberals claimed that organised crime and coercion were part of the NSW brothel scene.
Sex workers have protested against the fact that the NT is the only part of Australia where workers have to register with the police. Unlike other parts of Australia, the Northern Territory remained largely Aboriginal for much longer, and Europeans were predominantly male. Inevitably this brought European males into close proximity with Aboriginal women.
There has been much debate as to whether the hiring of Aboriginal women Black Velvet as domestic labour but also as sexual partners constituted prostitution or not. Once the Commonwealth took over the territory from South Australia in , it saw its role as protecting the indigenous population, and there was considerable debate about employment standards and the practice of 'consorting'.
Bonney In the Prostitution Regulation Act reformed and consolidated the common law and statute law relating to prostitution. The Attorney-General's Department conducted a review in A further review was subsequently conducted in The NT Government has consistently rejected calls for legalisation of brothels.
There are two types of sex work that are legal in Queensland:. All other forms of sex work remain illegal, including more than one worker sharing a premise, street prostitution , unlicensed brothels or massage parlours used for sex work, and outcalls from licensed brothels. Much emphasis was placed in colonial Queensland on the role of immigration and the indigenous population in introducing and sustaining prostitution, while organisations such as the Social Purity Society described what they interpreted as widespread female depravity.
Brothels were defined in section of the Queensland Criminal Code in , which explicitly defined 'bawdy houses' in Solicitation was an offence under Clause E, and could lead to a fine or imprisonment. Other measures included the long-standing vagrancy laws and local by-laws. The Fitzgerald Report Commission of Inquiry into "Possible Illegal Activities and Associated Police Misconduct" of led to widespread concern regarding the operation of the laws, and consequently a more specific inquiry Criminal Justice Commission.
An inquiry into prostitution in Queensland in This in turn resulted in two pieces of legislation, the Prostitution Laws Amendment Act and the Prostitution Act The Crime and Misconduct Commission reported on the regulation of prostitution in ,  and on outcall work in Despite the intentions of the founders, prostitution became identified early in the history of the colony, known as the 'social evil', and various government reports during the nineteenth century refer to estimates of the number of people working in prostitution.
In , within six years of the founding of the colony, it was reported that there were now "large numbers of females who are living by a life of prostitution in the city of Adelaide, out of all proportion to the respectable population". The Police Act  set penalties for prostitutes found in public houses or public places  This was consistent with the vagrancy laws then operating throughout the British Empire and remained the effective legislation for most of the remainder of the century, although it had little effect despite harsher penalties enacted in and Following the scandal described by WT Stead in the UK, there was much discussion of the white slave trade in Adelaide, and with the formation of the Social Purity Society of South Australia in along similar lines to that in other countries, similar legislation to the UK Criminal Law Consolidation Amendment Act was enacted, making it an offence to procure the defilement of a female by fraud or threat the Protection of Young Persons Act.
While current legislation is based on acts of parliament from the s and s, at least six unsuccessful attempts have been made to reform the laws, starting in Parliament voted a select committee of inquiry in August,  renewed following the election. The committee report recommended decriminalisation. A number of issues kept sex work in the public eye during and The next development occurred on 8 February when Ian Gilfillan Australian Democrat MLC stated he would introduce a decriminalisation private members bill.
He did so on 10 April  but it met opposition from groups such as the Uniting Church and it lapsed when parliament recessed for the winter.
Another bill came in and then Mark Brindal , a Liberal backbencher, produced a discussion paper on decriminalisation in November , and on 9 February he introduced a private member's bill Prostitution Decriminalisation Bill to decriminalise prostitution and the Prostitution Regulation Bill on 23 February.
He had been considered to have a better chance of success than the previous initiatives due to a "sunrise clause" which would set a time frame for a parliamentary debate prior to it coming into effect. He twice attempted to get decriminalisation bills passed, although his party opposed this. It had little support and lapsed when parliament recessed.
No further attempts to reform the law have been made for some time, however in a governing Labor backbencher and former minister, Stephanie Key , announced she would introduce a private members decriminalisation bill. She presented her proposals to the Caucus in September ,   and tabled a motion on 24 November "That she have leave to introduce a Bill for an Act to decriminalise prostitution and regulate the sex work industry; to amend the Criminal Law Consolidation Act , the Equal Opportunity Act , the Fair Work Act , the Summary Offences Act and the Workers Rehabilitation and Compensation Act ; and for other purpose".
The proposal was opposed by the Family First Party that had ten per cent of the votes in the Legislative Council , where Robert Brokenshire now opposed decriminalisation.
Key introduced another Bill  in May Prostitution has existed in Tasmania since its early days as a penal colony, when large numbers of convict women started arriving in the s. Some of the women who were transported there already had criminal records related to prostitution. Prostitution was not so much a profession as a way of life for some women to make ends meet, particularly in a society in which there was a marked imbalance of gender, and convict women had no other means of income.
Nevertheless, the concept of 'fallen women' and division of women into 'good' and 'bad' was well established. In an attempt to produce some law and order the Vagrancy Act was introduced.
Other attempts were the Penitent's Homes and Magdalen Asylums as rescue missions. In like other British colonies, Tasmania passed a Contagious Diseases Act based on similar UK legislation of the s ,  and established Lock Hospitals in an attempt to prevent venereal diseases amongst the armed forces, at the instigation of the Royal Navy.
The Act ceased to operate in in the face of repeal movements. However, there was little attempt to suppress prostitution itself. What action there was against prostitution was mainly to keep it out of the public eye, using vagrancy laws. More specific legislation dates from the early twentieth century, such as the Criminal Code Act Crimes against Morality , and the Police Offences Act Prior to the Act, soliciting by a prostitute, living on the earnings of a prostitute, keeping a disorderly house and letting a house to a tenant to use as a disorderly house were criminal offences.
Sole workers and escort work, which was the main form of prostitution in the stat, were legal in Tasmania. Reform was suggested by a government committee in The Bill proposed registration for operators of sexual services businesses. Consultation with agencies, local government, interested persons and organisations occurred during , resulting in the Sex Industry Regulation Bill being tabled in Parliament in June It passed the House of Assembly and was tabled in the Legislative Council, where it was soon clear that it would not be passed, and was subsequently lost.
It was replaced by the Sex Industry Offences Act Essentially, in response to protests the Government moved from a position of liberalising to one of further criminalising. The Act that was passed consolidated and clarified the existing law in relation to sex work by providing that it was legal to be a sex worker and provide sexual services but that it was illegal for a person to employ or otherwise control or profit from the work of individual sex workers.
A review clause was included because of the uncertainty as to what the right way to proceed was. The Act commenced 1 January Prostitution is legal, but it is illegal for a person to employ or otherwise control or profit from the work of individual sex workers.
The Sex Industry Offences Act  states that a person must not be a commercial operator of a sexual services business — that is, "someone who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages or is in day-to-day control of a sexual services business".
Street prostitution is illegal. This law explicitly outlines that it is illegal to assault a sex worker, to receive commercial sexual services, or provide or receive sexual services unless a prophylactic is used.
In , the Justice Department conducted a review of the Act and received a number of submissions, in accordance with the provisions of the Act. In June , the Attorney-General Lara Giddings announced the Government was going to proceed with reform, using former Attorney-General Judy Jackson 's draft legislation as a starting point. However, her Attorney-general, former premier David Bartlett , did not favour this position  but resigned shortly afterwards, being succeeded by Brian Wightman.
Wightman released a discussion paper in January This was seen when Whistleblowers Tasmania invited Sheila Jeffreys to conduct a series of talks including one at the Law Faculty at the University of Tasmania.
The government invited submissions on the discussion paper until the end of March, and received responses from a wide range of individuals and groups.
The Government's top priority is the health and safety of sex workers and the Tasmanian community. Victoria has a long history of debating prostitution, and was the first State to advocate regulation as opposed to decriminalisation in New South Wales rather than suppression of prostitution.
Legislative approaches and public opinion in Victoria have gradually moved from advocating prohibition to control through regulation. While much of the activities surrounding prostitution were initially criminalised de jure , de facto the situation was one of toleration and containment of 'a necessary evil'. Laws against prostitution existed from the founding of the State in The Vagrant Act  included prostitution as riotous and indecent behaviour carrying a penalty of imprisonment for up to 12 months with the possibility of hard labour Part II, s 3.
This Act was not repealed till , but was relatively ineffective either in controlling venereal diseases or prostitution. The Police Offences Act  separated riotous and indecent behaviour from prostitution, making it a specific offence for a prostitute to 'importune' a person in public s 7 2. Despite the laws, prostitution flourished, the block of Melbourne bounded by La Trobe Street, Spring Street, Lonsdale Street and Exhibition Street being the main red light district, and their madams were well known.
An attempt at suppression in was ineffectual. The Police offences Act  prohibited 'brothel keeping', leasing a premise for the purpose of a brothel, and living off prostitution ss 5, 6. Despite a number of additional legislative responses in the early years of the century, enforcement was patchy at best.
Eventually amongst drug use scandals, brothels were shut down in the s. All of these laws were explicitly directed against women, other than living on the avails. In the s brothels evaded prohibition by operating as 'massage parlours', leading to pressure to regulate them, since public attitudes were moving more towards regulation rather than prohibition. Community concerns were loudest in the traditional Melbourne stroll area of St. A Working Party was assembled in and led to the Planning Brothel Act ,  as a new approach.
Part of the political bargaining involved in passing the act was the promise to set up a wider inquiry.
The inquiry was chaired by Marcia Neave , and reported in The recommendations to allow brothels to operate legally under regulation tried to avoid some of the issues that arose in New South Wales in It was hoped that regulation would allow better control of prostitution and at the same time reduce street work.
The Government attempted to implement these in the Prostitution Regulation Act This created an incoherent patchwork approach.
In a working group was set up by the Attorney-General, which resulted in the Prostitution Control Act PCA  now known as the Sex Work Act  This Act legalises and regulates the operations of brothels and escort agencies in Victoria. The difference between the two is that in the case of a brothel clients come to the place of business, which is subject to local council planning controls. In the case of an escort agency, clients phone the agency and arrange for a sex worker to come to their homes or motels.
A brothel must obtain a permit from the local council Section 21A. A brothel or escort agency must not advertise its services. Section 18 Also, a brothel operator must not allow alcohol to be consumed at the brothel, Section 21 nor apply for a liquor licence for the premises; nor may they allow a person under the age of 18 years to enter a brothel nor employ as a sex worker a person under 18 years of age, Section 11A though the age of consent in Victoria is 16 years.
Owner-operated brothels and private escort workers are not required to obtain a licence, but must be registered, and escorts from brothels are permitted. If only one or two sex workers run a brothel or escort agency, which does not employ other sex workers, they also do not need a licence, but are required to be registered.
However, in all other cases, the operator of a brothel or escort agency must be licensed. The licensing process enables the licensing authority to check on any criminal history of an applicant. All new brothels are limited to having no more than six rooms. However, larger brothels which existed before the Act was passed were automatically given licences and continue to operate, though cannot increase the number of rooms.
Sex workers employed by licensed brothels are not required to be licensed or registered. Amending Acts were passed in and , and a report on the state of sex work in Victoria issued in The Act is now referred to as the Sex Work Act In further amendments were introduced,  and assented to in December The stated purposes of the Act  is to assign and clarify responsibility for the monitoring, investigation and enforcement of provisions of the Sex Work Act; to continue the ban on street prostitution.
When the oppositional Coalition government was elected in it decided to retain the legislation. Sullivan and Jeffries also wrote in the report that the legislation change of created new problems:.
Ongoing adjustments to legislation became necessary as state policy makers attempted to deal with a myriad of unforeseen issues that are not addressed by treating prostitution as commercial sex—child prostitution, trafficking of women, the exploitation and abuse of prostituted women by big business. The reality is that prostitution cannot be made respectable. Legalisation does not make it so. Prostitution is an industry that arises from the historical subordination of women and the historical right of men to buy and exchange women simply as objects for sexual use.
It thrives on poverty, drug abuse, the trafficking in vulnerable women and children Legalisation compounds the harms of prostitution rather than relieving them. It is not the answer. In November , 95 licensed brothels existed in Victoria and a total of small owner-operators were registered in the state Of these, were escort agents, two were brothels, and two were combined brothels and escort agents.
Of the 95 licensed brothels, rooms existed and four rooms were located in small exempt brothels. Of licensed prostitution service providers i.
However, a study conducted by the University of Melbourne, Melbourne Sexual Health Centre and Victoria's Alfred Hospital , concluded that "The number of unlicensed brothels in Melbourne is much smaller than is generally believed. A total of advertisements, representing separate establishments, were analysed. As of April , street prostitution continues to be illegal in the state of Victoria  and the most recent review process of the legislation in terms of street-based sex work occurred at the beginning of the 21st century and a final report was published by the Attorney General's Street Prostitution Advisory Group.
Kilda , located in the City of Port Phillip, is a metropolitan location in which a significant level of street prostitution occurred—this remained the case in The Advisory Group consisted of residents, traders, street-based sex workers, welfare agencies, the City of Port Phillip, the State Government and Victoria Police, and released the final report after a month period. The Advisory Group seeks to use law enforcement strategies to manage and, where possible, reduce street sex work in the City of Port Phillip to the greatest extent possible, while providing support and protection for residents, traders and workers.
It proposes a harm minimisation approach to create opportunities for street sex workers to leave the industry and establish arrangements under which street sex work can be conducted without workers and residents suffering violence and abuse A two-year trial of tolerance areas and the establishment of street worker centres represents the foundation of the package proposed by the Advisory Group.
Tolerance areas would provide defined geographic zones in which clients could pick-up street sex workers. The areas would be selected following rigorous scrutiny of appropriate locations by the City of Port Phillip, and a comprehensive process of community consultation.
Tolerance areas would be created as a Local Priority Policing initiative and enshrined in an accord. The concluding chapter of the report is entitled "The Way Forward" and lists four recommendations that were devised in light of the publication of the report. The four recommendations are listed as: Alongside numerous other organisations and individuals, SA released its response to the recommendations of the Committee that were divided into two sections: Opposition to all of the recommendations of the Victorian Parliamentary Inquiry 2.
In terms of HIV, a journal article by the Scarlet Alliance SA organisation—based on research conducted in —explained that it is illegal for a HIV-positive sex worker to engage in sex work in Victoria; although, it is not illegal for a HIV-positive client to hire the services of sex workers.
Additionally, according to the exact wording of the SA document, "It is not a legal requirement to disclose HIV status prior to sexual intercourse; however, it is an offence to intentionally or recklessly infect someone with HIV.
In the state of Victoria, there are 3. According to her report, there has been an overall growth in the industry since legalisation in the mids and that with increased competition between prostitution businesses, earnings have decreased; 20 years ago there were to women in prostitution as a whole, as of the report, there were women in the legal trade alone and the illegal trade was estimated to be 4 to 5 times larger.
These legal businesses are commonly used by criminal elements as a front to launder money from human trafficking, underage prostitution, and other illicit enterprises. In addition, hoteliers, casinos, taxi drivers, clothing manufacturers and retailers, newspapers, advertising agencies, and other logically-related businesses profit from prostitution in the state. One prostitution business in Australia is publicly traded on the Australian stock exchange. Sullivan's claims have been widely disputed.
Like other Australian states, Western Australia has had a long history of debates and attempts to reform prostitution laws. In the absence of reform, varying degrees of toleration have existed. The current legislation is the Prostitution Control Act Despite the fact that brothels are illegal, the state has a long history of tolerating and unofficially regulating them.
Prostitution in Western Australia has been intimately tied to the history of gold mining. Like other Australian colonies, legislation tended to be influence by developments in Britain. The Police Act was no different, establishing penalties for soliciting or vagrancy, while the Criminal Law Amendment Act dealt with procurement.
Brothel keepers were prosecuted under the Municipal Institutions Act , by which all municipalities had passed brothel suppression by-laws in Prostitution was much debated in the media and parliament, but despite much lobbying, venereal diseases were not included in the Health Act The war years and the large number of military personnel in Perth and Fremantle concentrated attention on the issue, however during much of Western Australian history, control of prostitution was largely a police affair rather than a parliamentary one, as a process of 'containment'.
In addition to the above the following laws dealt with prostitution: Prostitution Bills were also introduced in  and Much of the debate on the subject under this government centred on the Prostitution Amendment Act ,  introduced in by the Alan Carpenter 's Australian Labor Party Government.
Although it passed the upper house narrowly and received Royal Assent on 14 April , it was not proclaimed before the state election , in which the Carpenter and the ALP narrowly lost power in September, and therefore remained inactive.
The Act was based partly on the approach taken in in New Zealand and which in turn was based on the approach in NSW.
It would have decriminalised brothels and would have required certification certification would not have applied to independent operators. Therefore, the Act continued to be in force. Brothels existed in a legal grey area, although 'containment' had officially been disbanded, in Perth in and subsequently in Kalgoorlie.
In opposition the ALP criticised the lack of action on prostitution by the coalition government. His critics stated that Porter "would accommodate the market demand for prostitution by setting up a system of licensed brothels in certain non-residential areas" and that people "should accept that prostitution will occur and legalise the trade, because we can never suppress it entirely" and that it is "like alcohol or gambling — saying it should be regulated rather than banned.
Porter challenged his critics to come up with a better model and rejected the Swedish example of only criminalising clients. However he followed through on a promise he made in early to clear the suburbs of sex work. Porter released a ministerial statement  and made a speech in the legislature on 25 November ,   inviting public submissions.
The plan was immediately rejected by religious groups. By the time the consultation closed on 11 February , submissions were received, many repeating many of the arguments of the preceding years. This time Porter found himself criticised by both sides of the debate, for instance churches that supported the Coalition position in opposition, now criticised them,  while sex worker groups that supported the Carpenter proposals continued to oppose coalition policies,   as did health groups.
On 14 June the Minister made a 'Green Bill'  draft legislation available for public comment over a six-week period. Following consultation, the government announced a series of changes to the bill that represented compromises with its critics,  and the changes were then introduced into parliament on 3 November ,  where it received a first and second reading.
Sex workers continued to stand in opposition. Since the government was in a minority, it required the support of several independent members to ensure passage through the Legislative Assembly. Porter left State politics in June , being succeeded by Michael Mischin.
Mischin admitted it would be unlikely that the bill would pass in that session. The Barnett government was returned in that election with a clear majority, but stated it would not reintroduce the previous bill and that the subject was a low priority.
Meanwhile, sex workers continue to push for decriminalisation. Paedophile Networks in Australia - Extent and Activities 3. The Committee therefore had to consider what proportion do. It examined what sort of paedophile structures have existed in the recent past and what sorts of groups and networks currently operate.
A United States Senate subcommittee in gave the following description of them. Several organizations whose members openly advocate adult sex with children have been active in the United States and Europe at least since the s.
The goals of these groups often are couched in legal and psycho-sexual arguments about 'age of consent' laws and prevailing social attitudes, but at the heart of each group examined by the Subcommittee was a basic obsession with justifying 'consensual' sex with children, regardless of age. In some cases, the groups' leaders were convicted child sex offenders. The groups range from anarchistic, underground clubs whose newsletters and philosophies are haphazard at best to well-organized, politically astute groups that march in parades and openly distribute literature.
Although primarily based in major cities, the American pedophile support groups have members throughout the United States and foreign countries. Subcommittee interviews with former members of these organizations, some of whom were imprisoned for child molestation, indicate that while they ostensibly exist to support such goals as 'sexual liberation for all persons,' these groups serve primarily as contact services for pedophiles.
Like most clubs, they bring people of similar interests in touch with each other; in the case of pedophiles, however, the purpose of this contact often is to exchange child pornography and information about meeting children.
The membership of known pedophile-support groups in the United States is probably less than 2, While many of the groups' members have been convicted for child sex crimes, the groups themselves are not involved actively in large-scale criminal conspiracies, such as commercial child pornography rings. Organized pedophile groups pose the most serious threat when they serve as contact and support groups, justifying pedophilia in the minds of their members and reinforcing within child molesters a belief that society, not the pedophile, is misguided.
There is no way of knowing how many 'closet' pedophiles, who had only fantasized about molesting children, were moved to act out their fantasies by the encouragement and support of these groups and their newsletters. It would be a mistake, however, to overemphasize the threat posed by these groups to the exclusion of the more numerous unorganized groups of child molesters that make no pretense of wanting to change legislation or to argue their case in public. However, the United States Senate subcommittee report commented that the Society "is widely known by most investigators as a one-man propaganda operation whose membership claims are not credible".
An article in stated: Its membership was apparently never more than a few hundred, [note 83] and it apparently went out of existence in , following the arrest of some of its leading members on child pornography charges. There are it seems paedophile support groups currently still active in the Netherlands, and also in several other European countries, including Belgium, Denmark and Germany.
The Australian groups shared a number of characteristics with the ones in the United States and Britain referred to above. The membership seems to have been very small and overwhelmingly male. The emphasis was very much on man-boy relationships rather than heterosexual ones. The groups both here and overseas, by portraying themselves as just another oppressed sexual minority, enjoyed a measure of support from the fringes of the gay and lesbian liberation movement, which also became increasingly active in the s.
Its announced aims are 'to promote paedophilia as a viable sexual alternative' 'to provide support for other paedophiles', 'to bring pressure for the removal of the age of consent' and 'to promote children's rights'. It publishes a magazine called 'Rockspider', a trashy affair, full of dirty stories. As a result, charges were laid against nine men in Melbourne and Sydney for conspiracy to corrupt the public morals.
BLAZE may now have further changed its identity to elude police detection. A police officer said the magazine had plagiarised imported US paedophile publications for its content, which advocated abolition of the age of consent and promoted sexual relations between adults and children. In an attachment to the submission, the Association stated: Due to the nature of the present persecution no other details in regard to membership can be released.
The most appropriate definition of "organised" in the context of "organised crime" has long been a matter of debate. Without entering into that debate, it can be said that the sort of organisation that has traditionally been thought of as "organised crime" has had most or all of the following elements: Nor has the Committee received any persuasive evidence that there are links between paedophiles and Australian "organised crime" whatever that phrase might mean.
However, the Committee found that, to the extent that there were associations amongst paedophiles in Australia, they were overwhelmingly of the networking type see below paragraph 3. Organised groups have been found but they have generally been localised. As with the activities of overt paedophile groups described above, many of the activities of these networks are not in themselves criminal offences.
If members of the network commit sexual offences against children, they do so acting independently of the network as such, though they may act in concert with someone they have met through the network. On all occasions the information has proved inaccurate or grossly embellished". We do have a definition of 'organised', but it is purely local for our own purpose. It is simply two or more persons who get together for the purpose of taking part in sexual activity with children.
The community or traditional perception of 'organised' is that you are talking large numbers of persons. With regard to large numbers of persons acting in concert for the purpose of sexual assault on children, we in Victoria have very little evidence of those groups in existence here in Australia. They include not only multiple perpetrator cases but also cases in which a single perpetrator offends during the same period against more than one child, as opposed to the serial offender who terminates contact with one child before commencing contact with another.
Nonetheless, the Committee notes the view of the Victorian Government: Pederasts have a greater number of victims than heterosexual paedophiles. As the boys grow older they are used to recruit other children for the paedophile. What results is an organised victim group rather than an organised paedophile group. Round, Acting Assistant Commissioner.
Round said, "Further to the letter from Mr. Hay, Assistant Commissioner Crime Operations dated 5 January , relative to organised paedophile networks in Australia, I wish to advise that an incident of organised paedophile activity has since occurred in Western Australia". The Tasmanian Government told the Committee: These networks appear to involve exchanges of pornographic material and contact details as distinct from commercial activities.
By their nature the networks tend to be informal, highly secretive, spread across the country and flexible so that when paedophiles move they retain their place in the network. Over the years persons have been convicted of paedophile offences committed while they were working as a paid employee or volunteer for a church, educational institution, youth group or similar organisation which enabled them to have access to children.
However, even in these cases, this does not in the Committee's view make the groups involved paedophile organisations or part of paedophile networks. The aims and structure and operations of these groups are directed to non-paedophile ends. The Australian Federal Police told the Committee: It has been shown, however, that paedophiles do tend to be gregarious with fellow paedophiles, resulting in extensive networking. Such networking is used by paedophiles to identify potential areas of child exploitation and the risks involved, as well as exchanging photographs of children.
Available intelligence suggests that networking in Australia is primarily social and informal but, nevertheless, extensive and diverse. Clearly these paedophiles have had the contacts necessary to purchase or swap this material, [note ] although where the material has been obtained by responding to an advertisement in a contact magazine it seems inappropriate to describe the mechanism as a "network". Paedophiles have been found to have maintained pen-pal type relationships with other paedophiles, sometimes overseas.
Some networks tended towards the hub-and-spoke form with one individual having a more central role. In others the connections between individuals were more diverse, with, for example three or four people in contact and one of them also in contact with a member of another little network.
If, for example, A, B and C are in regular contact and one of them contacts D, does D therefore become part of the "network", or is a greater regularity of contact between D and the others required before he can be fairly described as a network member?
The largest network that the Committee was told of allegedly had possibly up to thirty members, but this figure had not been verified.
Police have not always been able to find out how contacts were made when network members have been arrested. For example, a paedophile who was convicted in South Australia in October , came to the attention of local police when British police, through Interpol, forwarded 61 letters and photographs he had sent to someone in Britain.
The letters discussed the author's seduction strategies and his sexual acts with specific children. A story in the Adelaide Advertiser last year reported a South Australia Police detective as saying that: If you have the same interest contact me". A typical advertisement says:. As long ago as , one United States agency reported that it had already conducted 23 investigations into alleged use of computer bulletin boards by paedophiles.
The South Australia Police, for example, told the Committee: It is just another means by which they can communicate and transfer material or whatever. Considerable publicity has been given to the use of Internet and bulletin boards for the purposes of exchanging information on paedophile activities.
The AFP has been monitoring such activities and our assessment is that while computers may provide a greater breadth of opportunity for paedophiles, these do not significantly impact on the situation.
To our knowledge, there has been only account of two paedophiles contacting each other via the Internet in Western Australia. To our knowledge, there are four or five that we know of who, when we went to their houses, had modems. We seized that equipment and downloaded those computers to see what was on them, but there was no indication that there were wholesale communications going on in that area.
Merely using computer networks does not make the paedophile users somehow constitute a "network". However, it is clear from evidence to the Committee that the level of knowledge about the extent to which computer networks are being used by paedophiles in Australia is limited see below paragraphs 3.
It is fair to say that people who send or receive information through the telephone or postal network are not usually, by that fact alone, regarded as constituting a "network" in any meaningful sense. However, this does enable them to meet other paedophiles and to network and establish contacts which will be maintained after their release. As the Committee could not find evidence of large organised paedophile networks operating in Australia, it follows that it can offer no information on the methods and practices they use to perpetrate offences.
The small groups - typically two, three or four people - that do exist from time to time do not appear to have any special methods or practices that distinguish them from the ways in which lone paedophile offenders operate.
In addition, police may uncover paedophile networks by following the ways in which child pornography is circulated. For these reasons the Committee considered child pornography as part of its inquiry.
Because paedophiles are driven by their sexual preference, fantasy and validation of their deviant behaviour is a very important aspect of their lives. For this reason child pornography or child erotica are almost always a part of a paedophile's life. The child pornography may consist of purchased or exchanged commercial pornography or home produced photos of their own victims. Child erotica, amongst other things, may consist of non pornographic photos of children, written stories about sexual activity with children or children's clothing.
Child pornography and erotica is often a paedophiles most treasured possession and may be extremely well hidden. In addition visual material has apparently been used by paedophiles to assist in the seduction of a child, to lower the child's inhibitions, and as a means of showing the child what the offender wants the child to do. Some offenders keep pictures of their sexual activity with children simply as mementoes.
Some paedophiles use child pornography as swap material to exchange with other collectors. In addition, the material can be used as a sign of their bona fides when trying to establish contact with fellow exploiters. There is no hard data on the availability of child pornography in Australia. Opinions vary on the point, and in part at least, the differing opinions seem to be due to different definitions being used.
Material falling outside whatever definition is being used is often referred to as "child erotica". The most common example given is pictures of children modeling underwear in clothing catalogues [note ] but there is virtually no limit to what might have erotic appeal for a particular paedophile.
Legislation already existed making possession for the purposes of sale, distribution or exhibition illegal. The various Acts define child pornography in slightly different terms. As an example, the definition in the Victorian legislation provides that a "person must not knowingly possess a film or photograph of a child who is, or apparently is, under the age of 16 years and who is engaging in sexual activity or is depicted in an indecent sexual manner".
Definitions in other countries use varying ages, [note ] and definitions may have changed over time. From the material itself, it may be very difficult to determine the true age of the "child" participants and hence to be sure whether a particular image is pseudo-porn or genuine.
I have seen a fair degree of that sort of material, boxes of it in fact. I think it is odd where you can look at one photograph on its own and it does not necessarily portray anything overly concerning. It might be odd, but certainly not concerning. However, when you see boxes containing hundreds of magazines in the same context then that starts to build up an impression as something that is a more than a bit odd and something that should be investigated.
On a number of occasions, we have taken that sort of material or samples of that material to the OFLC. But, then again, when we go to prosecute - if indeed that is the case because of, say, the number of articles involved - the advice may well be that it is not appropriate to prosecute because there is a better than even chance that we will not get a conviction.
I would call it borderline material where it not only suffers from definitional problems but where the context and the material itself is not at one end of the spectrum or the other, it is in that middle area. It is difficult for us to deal with that because we get a lot of it. Commercially-distributed child pornography became widely and fairly openly available in the United States by the mids.
There appears to be no recent commercially made videos or publications featuring child sexual activity. Whatever material comes to the OFLC's notice is generally material which appears to have been made at least 10 to 15 years ago.
The Literature Classification Officer from the OFLC says that he is not aware of any material which has been submitted to the OFLC in the last 10 years which features child sexual activity made since around The predominant view is that commercial production no longer occurs on any scale, and that commercial distribution is no longer a major means of circulating such material. Although we note, therefore, that there is some commercially produced material, efforts to deal with the problem of child pornography will fail if they overestimate the extent of the commercial side of the practice, and underestimate the non-commercial side.
The greatest bulk of child pornography is produced by child abusers themselves in largely 'cottage industry' fashion, and thus child pornography must be considered as substantially inseparable from the problem of sexual abuse of children. That does not make the problem of child pornography unimportant. On the contrary, to the extent that it is an aid to and a part of a problem that is unfortunately prevalent and plainly outrageous, child pornography, in both its creation and its distribution, is of unquestioned seriousness.
But it is different, in virtually every aspect of its definition, creation, distribution, and use. Serious consideration of the issue of child pornography must begin with this fact.
The increasing availability of home computers with the ability to link to computer bulletin boards and networks does not appear to have altered the situation. In most cases, the operators of the bulletin board systems or other individuals who have distributed child pornography via computer, have done so as one pedophile to another. Only the Denmark and Mexico bulletin boards were charging a fee for their services. The organisation is cellular: In police there arrested eleven men for involvement in computer distribution of child pornography to the United States, Canada, Hong Kong, Germany and South Africa, but the distribution was reportedly non-commercial with no access fees being charged.
The material is, for the most part, produced by paedophiles for their own purposes but is also used as items of exchange or sale. There is a common misconception that there is a large scale commercial trade in the material. Whilst there is no doubt that it is circulated world-wide between paedophiles, any attempt to advertise openly so as to create a viable commercial market would be leapt upon immediately not only by the forces of law and order, but also the media who are constantly on the look out for such a move.
Recent intelligence assessments into paedophile networks in Europe identified in excess of 50 organisations and 60 individuals involved in structured paedophile activity and the production of child pornography. A number of people identified in the assessment are known to have visited Australia or have supplied child pornography to individuals in Australia.
Material the ACS regarded as "commercial" accounted for most interceptions, with the main sources being Europe, the United States and to a lesser extent Japan, although amateur material made by paedophiles on overseas holidays was also intercepted. Equally important, graphic images in computer format can be copied and re-copied repeatedly without any loss in quality.
This means that there is in effect no master copy which, if seized by law enforcement officers, would end the replication of high-quality copies of the material. So far, there appears to be no firm evidence that computers are being used to this extent, [note ] although it is clear that some paedophiles are obtaining child pornography from overseas computer bulletin boards, primarily in the form of graphic image files.
But it's a very, very lucrative business, as lucrative as drugs, if not more so". It is believed that the nature and extent of this form of activity does not make it an attractive financial proposition for organised crime interests. However, the AFP is conscious of the potential for exploitation in the areas of child pornography and child prostitution.
The classic entrepreneurial aspect - let us say the adult sex industry - is finance driven. This industry, if there is an industry in child pornography, is certainly not finance driven.
A classic entrepreneur would not be in the field or in the game because there is no place for them. The only place for anybody in this type of field is a user, and that is a person who gets sexual gratification from either viewing this material or taking part in sexual acts with children. A media report at the time of his arrest referred to his business as "a big child pornography racket in Melbourne" and said he was "believed to have serviced a huge clientele".
He reportedly promoted the sale or exchange of the videos though use of cryptic advertisements placed in adult magazines such as Adult Contact Magazine and Personal Contacts , using wording along the lines of "have videos in relation to taboo subjects". He had a computerised mail-order list of his regular customers which was reported to have contained names.
When the matter came to court the charges related to selling films over a three-year period, only some of which involved child pornography, and possessing 48 videos for sale, of which 10 involved child pornography.
For this reason, the Committee examined the issue of the overseas paedophile activities of Australian residents. Our investigations and our intelligence would suggest that, while sex tours of Asia obviously have been and, indeed, still are popular - albeit that they may not be promoted as that - I do not believe that there is any evidence to suggest that child sex tours are being conducted on any organised basis. That is not to say that paedophiles may not take advantage of cheap tourist fares to Asia, but our experience, particularly that of our liaison officers in Asia, is that it does not need to be organised.
A person who travels to Bangkok or to Manila will not have any great difficulty in finding children. So, as such, we have no evidence to suggest that there are organised child sex tours of South-East Asia.
Supt Kirby - There have been some tours in the past mainly involving paedophiles themselves arranging their own tourist details, although largely, to a degree, once they have arrived at their destination, it seems to be a case of every person for themself. CHAIR - There was some evidence given to the committee yesterday that an Australian citizen residing in an Asian country as a basic permanent resident there was acting in that country as a coordinator for visiting Australian paedophiles; having a safe house and having contacts in the local area for children.
CHAIR - Is that the sort of thing you are looking at rather than looking at a travel agent having the knowledge in Australia of-. Cmdr Schramm - Certainly. One of the better known cases in the Philippines was a group of Europeans in the area of Pagsanhan - we are now going back into the late s - where the knowledge of that colony was widely known.
Obviously, it was known amongst the network that this was the place to make contact and you would be looked after. That sort of activity, yes, has happened, and, I suspect, still happens. In the 2 years that we have been working on this issue in Australia there has been little evidence of any organisation organising child sex tours. In the past, we believe that there have certainly been one or two travel agencies that have encouraged child sex tours and had promotional nights and so forth, but that does not seem to be occurring at the moment.
ECPAT also made the point that someone seeking child sex overseas did not need to rely on any organisation to find it: The answer to that is no, if we talk about to a significant extent. The answer to that is yes. So, in that context of child sex tourism, yes, it still exists. The extent to which it is being exploited is something which nobody really has a good handle on, but it is fair to say that the numbers of Australians compared with the numbers of other nationalities that are suspected of being involved in this activity are low.
In forming the views they put to the Committee, they are not just relying on records of convictions, but also taking into account all the intelligence, hearsay and rumour that comes the way of police officers. The Committee does not consider it likely that members of the public would, in a general sense, have information on the extent of organised paedophile activity that was not known to the police.
They then tended to explain the absence of evidence to justify their assumption by citing factors such as deficiencies in police investigations, inadequate police resources directed to organised paedophilia, the cunning of paedophiles, and official protection and corruption. In effect the Committee or the law enforcement community was being asked to prove a negative - that organised paedophile activity does not exist - although it was not put to the Committee this way.
This proving of a negative is, of course, difficult to do on both logical and practical grounds. However, the Committee does not believe these factors render misleading the general thrust of the information provided by law enforcement agencies, even allowing for the fact that it has not examined the position in New South Wales. In saying this the Committee allows of course for the fact that precise accuracy is never possible in describing the nature and extent of inherently secretive criminal activity.
The Committee is not asserting that every link-up between paedophiles in Australia is known to police, but it does believe the available information is sufficient for a reliable assessment to be made. But law enforcement agencies have generally increased their knowledge of paedophile offenders and their activities considerably in the last few years.
Moreover, a climate has been created in the last decade or so in which victims are rather more likely to go to the police than they might have been in earlier times. Most sexual offences against children are committed by their relatives and neighbours who are not paedophiles in the strict sense of the term and who do not operate in any organised or networked way.
While very small paedophile-support groups operated openly in Australia in the s, there is no evidence that they currently do so. There is no evidence to suggest that organised paedophile groups have ever resembled what are traditionally thought of as "organised crime" groups in size, aims, structures, methods, longevity and so forth. Many paedophiles offend in isolation.
To the extent that two or more paedophiles group together to commit offences, the numbers involved have almost invariably been very small and the groupings very much ad hoc and on a peer-to-peer basis. More commonly, where there are contacts between paedophile offenders, they consist of loose informal networks of peer-to-peer contacts. There is no evidence of any commercial production of illegal child pornography in Australia.
Most of the current illegal material that undoubtedly is possessed by many paedophiles appears to be made by them, obtained by informal trading of home-made material amongst paedophiles assisted by informal networking, or obtained from overseas. There is no evidence of any current organised promotion or arrangement of tours by Australian paedophiles to overseas destinations known to be attractive to them. However, informal networking among paedophiles may assist some tourists going overseas to commit paedophile offences.
Previous Page Contents Next Page. In the mids, investigation found the membership to be about , some of whom lived outside North America: A Study of Paedophiles in Society , London, , p. An Investigation , London, , p. But see also J. An Investigation , London, , pp. The Pedosexual Resources Directory in March listed about a dozen such groups as well as others whose support for paedophile causes was less clear-cut.
Its stated aim is to provide an electronic library of academic and other resources excluding pornography and erotica connected with sexual relations between adults and children, to be used by both serious researchers and casual browsers.
Its material is largely pro-paedophile. Its stated aim is to provide a forum in which those who have perpetrated sexual abuse or feel they could become offenders can discuss their situation with the aim of avoiding the occurrence of sexual abuse.
It also encourages the free flow of information about sexual abuse, paedophilia and related issues. See for example, "Homosexual rally draws police attention to child-sex forum", Age , 2 July , p.
Thorne, "Politics, Paedophilia and Free Speech: The Witch-Hunt Continues", Hecate , vol...