Public Space the Journal of Law and Social Justice, 2007
Although brothels have been able to operate as legal businesses for more than a decade, they cont... more Although brothels have been able to operate as legal businesses for more than a decade, they continue to be treated more restrictively than businesses with similar amenity impacts. This paper explores the idea that this restrictive treatment can be explained by the continued perception of brothels as disorderly, as 'matter out of place'. This is due in part to the historical association of brothels with disorder in terms of cleanliness, morality and the law. These historical associations have been maintained and reflected in the current regulation of the sex industry, generating fears of pollution and contamination on the strength of its disorderliness.
provided by the New South Wales Government from the Casino Community Benefit Fund. The views expr... more provided by the New South Wales Government from the Casino Community Benefit Fund. The views expressed are the responsibility of the author and are not necessarily those of the casino. Gambling appears to be perceived as a legitimate and an acceptable form of social entertainment. Gambling is a popular and growing leisure activity for Australians who spent $13,839 million on gambling in 2000-2001 (ABS 2002:6). Gambling taxation provides a significant and growing proportion of revenue collected by state and territory governments. Revenues from gambling taxes provide approximately 12 % of state generated tax revenue (AIGR 1999: 51). Despite this, some aspects of the perceived negative social impacts of gambling appear to be provoking widespread social concern (Productivity Commission 1999B; AIGR 1999: 206). The Productivity Commission exhaustively reviewed national and international research to comprehensively analyse the Australian gambling industry, and identified the most significa...
Brothels have been able to operate as legitimate commercial businesses in NSW for over a decade. ... more Brothels have been able to operate as legitimate commercial businesses in NSW for over a decade. Despite this, brothels continue to be treated differently from other commercial businesses with similar amenity impacts. The 'planning principles' enunciated by the Land and Environment Court in Martyn v Hornsby Shire Council (2004) have been highly influential in the differential treatment of brothels. These planning principles are highly restrictive and go beyond traditional planning concerns. This paper argues that these principles are animated by an aesthetic of disgust. William Miller's text Anatomy of Disgust, provides insight into why brothels may trigger disgust, due to their association with sex and immorality. The planning principles reflect disgust reactions, particularly in terms of the desire to remove the polluting and contaminating objects from the visual field. Finally, this paper considers strategies for reform in light of the association of brothels with dis...
The Critical Criminology Companion is a wonderful new addition to the field of criminology. The b... more The Critical Criminology Companion is a wonderful new addition to the field of criminology. The book showcases many of the major Australian and New Zealand politically committed and theoretically sophisticated criminologists writing in their particular area of expertise.
Public Space the Journal of Law and Social Justice, 2007
Although brothels have been able to operate as legal businesses for more than a decade, they cont... more Although brothels have been able to operate as legal businesses for more than a decade, they continue to be treated more restrictively than businesses with similar amenity impacts. This paper explores the idea that this restrictive treatment can be explained by the continued perception of brothels as disorderly, as 'matter out of place'. This is due in part to the historical association of brothels with disorder in terms of cleanliness, morality and the law. These historical associations have been maintained and reflected in the current regulation of the sex industry, generating fears of pollution and contamination on the strength of its disorderliness.
provided by the New South Wales Government from the Casino Community Benefit Fund. The views expr... more provided by the New South Wales Government from the Casino Community Benefit Fund. The views expressed are the responsibility of the author and are not necessarily those of the casino. Gambling appears to be perceived as a legitimate and an acceptable form of social entertainment. Gambling is a popular and growing leisure activity for Australians who spent $13,839 million on gambling in 2000-2001 (ABS 2002:6). Gambling taxation provides a significant and growing proportion of revenue collected by state and territory governments. Revenues from gambling taxes provide approximately 12 % of state generated tax revenue (AIGR 1999: 51). Despite this, some aspects of the perceived negative social impacts of gambling appear to be provoking widespread social concern (Productivity Commission 1999B; AIGR 1999: 206). The Productivity Commission exhaustively reviewed national and international research to comprehensively analyse the Australian gambling industry, and identified the most significa...
Brothels have been able to operate as legitimate commercial businesses in NSW for over a decade. ... more Brothels have been able to operate as legitimate commercial businesses in NSW for over a decade. Despite this, brothels continue to be treated differently from other commercial businesses with similar amenity impacts. The 'planning principles' enunciated by the Land and Environment Court in Martyn v Hornsby Shire Council (2004) have been highly influential in the differential treatment of brothels. These planning principles are highly restrictive and go beyond traditional planning concerns. This paper argues that these principles are animated by an aesthetic of disgust. William Miller's text Anatomy of Disgust, provides insight into why brothels may trigger disgust, due to their association with sex and immorality. The planning principles reflect disgust reactions, particularly in terms of the desire to remove the polluting and contaminating objects from the visual field. Finally, this paper considers strategies for reform in light of the association of brothels with dis...
The Critical Criminology Companion is a wonderful new addition to the field of criminology. The b... more The Critical Criminology Companion is a wonderful new addition to the field of criminology. The book showcases many of the major Australian and New Zealand politically committed and theoretically sophisticated criminologists writing in their particular area of expertise.
'The Select Committee on the Regulation of Brothels 2015' 41(1) AltLJ 66, 2016
Brief review of the report of the Select Committee on the Regulation of Brothels (New South Wales... more Brief review of the report of the Select Committee on the Regulation of Brothels (New South Wales, Australia, 2015).
Despite continuing contests in Australian states over the validity of sex work as work, Victoria ... more Despite continuing contests in Australian states over the validity of sex work as work, Victoria and New South Wales (NSW) have been part of a global trend for states to decriminalise and/or legalise the sex industry. This article argues that although Victoria and NSW are united by their ambivalence toward the legal validity of sex work as work for women, this ambivalence is expressed and organised in different ways in each state, with consequent differences in regulatory schemas, practices of enforcement and outcomes for workers and communities. In particular, this article focuses on the regulation of sex services premises as a key indicator of how the sex industry is regarded and embedded within broader business, social and regulatory contexts. The article examines some specific regulations that affect women’s status as sex workers in each state. It concludes by arguing that the failure to fully recognise sex work as work impacts most sharply on the safety and inclusion of workers: those whom the legislative schemas of both states purportedly seek to protect.
Policy debates on commercial sex services provide increasingly complex insights into work on the ... more Policy debates on commercial sex services provide increasingly complex insights into work on the street and in large commercial sex premises, yet remain largely silent on the contribution of the domestic realm to commercial sex, despite estimates that it accounts for a significant proportion of all commercial sex transactions. Policies that affect home-based sex work are ambiguous and at times contradictory, veering from the promotion of working from home to anxieties about the assumed offensiveness of sex work. These policies have been often developed without direct consideration of home-based sex work and in the absence of evidence. Remedying this silence, this article analyses policy development for, and the experiences of, home-based sex workers in New South Wales (NSW), Australia. The article concludes that working from home provides sex workers with opportunities for autonomy and wellbeing that are not available in other sex service environments, with minimal amenity impacts to the community.
This new edition of the classic Waller & Williams Criminal Law text retains its relevance in lega... more This new edition of the classic Waller & Williams Criminal Law text retains its relevance in legal and policy debates in criminal justice, providing a critical analysis of legal developments while remaining accessible for students in law schools.
The 13th edition includes new leading cases from the principal appellate courts in New South Wales, Victoria and the High Court of Australia, as well as the latest legislative provisions that have significantly changed the fabric of the criminal law.
This book unites the principal authoritative sources of the criminal law and a critical appraisal and evaluation of its doctrines. It offers comparative and policy insights into legal developments of the two common law jurisdictions of Victoria and New South Wales.
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The 13th edition includes new leading cases from the principal appellate courts in New South Wales, Victoria and the High Court of Australia, as well as the latest legislative provisions that have significantly changed the fabric of the criminal law.
This book unites the principal authoritative sources of the criminal law and a critical appraisal and evaluation of its doctrines. It offers comparative and policy insights into legal developments of the two common law jurisdictions of Victoria and New South Wales.