Schedule 6: Crimes Act 1900
Amendments to Part 3A, Division 8, Heading and Section 93Z Heading
Proposed amendments to the Crimes Act 1900
The Equality Bill proposes to amend section 93Z to extend the offence for publicly threatening or inciting violence to also include sex work as a protected attribute.
The offence in section 93Z is currently the subject of a NSW Law Reform Commission review, announced in January 2024.
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Exploitation and Misrepresentation
Including sex work, alongside categories like race, conflates an exploitative practice—of which most victims are heterosexual women—with aspects of identity that individuals cannot change. This dilutes the focus on protecting historically marginalised and inherently defined groups.
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Inconsistencies in Protecting Prostitutes:
In Schedule 6, why is Mr Greenwich seeking to amend laws for prostitutes—most of whom are heterosexual women—in a bill purported to be seeking equality for the LGBTIQA+ community?
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In Schedule 18, Mr Greenwich proposes to remove ALL protections for female prostitutes by completely decriminalising prostitution, but then seeks to “protect” the same women from discrimination in Schedule 6? In other words, Mr Greenwich is fine for prostituted women to be exploited and trafficked, but not the subject of public threats?
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Protecting Trans Identified Men:
The amendments in Schedule 6 are not designed to protect women at all. They are designed to protect men, specifically trans identified men, aka “transwomen”—a high proportion of whom go on to engage in sex work because they struggle to find intimate relationships and may struggle with substance use which can also lead to involvement in sex work.
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Recommendation:
Withdraw the proposed amendments
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