Australia stands at a critical juncture in how we respond to sexual exploitation and the safety of women and girls. While recent legal changes in some states and territories have normalised prostitution under the guise of ‘decriminalisation’, the reality is a fragmented and inadequate patchwork of laws, none of which genuinely place women’s protection, safety, and dignity first.
Scotland’s new Prostitution (Offences and Support) Bill offers a bold and uncompromising standard, designed to dismantle the structures that enable exploitation and to provide real pathways out for women and girls exploited in this harmful industry. Here, we examine the lessons Australia can—and must—draw from Scotland’s example, and we take them even further by advocating for the strongest, most absolute, legal and policy protections for women and girls nationwide.
A fragmented legal landscape: Australia’s failure to protect
Australia’s current approach to prostitution displays a troubling mismatch between legislation and the robust protections women and girls urgently need. While states such as New South Wales, Victoria, the Northern Territory, and Queensland have opted for decriminalisation—turning sexual exploitation into an accepted business model—other jurisdictions rely on patchy or partial laws that also leave gaps for exploitation and trafficking to thrive: Tasmania, Western Australia, and South Australia maintain partial criminalisation frameworks, whilst the Australian Capital Territory operates under a licensing system.
The sexual exploitation of women and girls in Australia has been turned into a business model.
This fragmented approach has created opportunities for the exploitation of women and girls to flourish. In none of these cases is the safety, dignity or agency of women and girls truly prioritised above the interests of sex buyers, brothel owners or profiteers.
The Scottish Bill: A new standard for justice and support
Against this backdrop, Scotland’s new Prostitution (Offences and Support) Bill stands as a rally point for real change. Unlike traditional models, Scotland’s new approach, if passed, would be grounded in the principle that prostituted persons – the enormous majority of whom are women and girls – are victims of exploitation: they are not criminals.
Current Scottish law punishes women and girls in prostitution for public soliciting by handing out fines and criminal records to the already vulnerable, with buyers largely exempt. Moreover, there is no statutory right to exit or tailored support exists: women and girls wishing to leave must rely on generic welfare that fails to meet their specific needs. The new Scottish Bill would end this cruelty, criminalising buyers, erasing historic convictions, and mandating comprehensive, enforceable support for those seeking to exit prostitution. This recognises that leaving exploitation is complex and demands real, lasting assistance. Critically, though, the Bill’s provision to quash historic convictions offers restitution for the tens of thousands of women wrongly criminalised for their life circumstances. These women would receive some form of reparation for the injustices and violence they have faced.
The Nordic Model and beyond: Scotland’s extended approach
But how is this different from the Nordic Model? The Nordic Model, implemented in several countries, criminalises buyers and profiteers, decriminalises those selling sex, and obliges support for the exploited. Its results are proven: in Sweden, street prostitution has halved, trafficking declined, buyers — almost exclusively men — face genuine criminal sanctions, and women gain power to refuse dangerous ‘transactions’ or seek help. These results are not replicated in jurisdictions relying on decriminalisation, where trafficking, violence and normalisation of sexual exploitation continue to surge. Scotland would refine this approach, closing loopholes, ensuring statutory rights, and offering historic justice. It would send a message that the true criminals are the buyers and profiteers, while giving exploited women the foundations needed to rebuild their lives.
Combining Scottish and Nordic strengths for greatest impact: The Australian Abolition Approach
But the strongest, indeed boldest, possible approach for protecting women and girls in prostitution is still to be enacted. Such an approach would draw from both the Nordic Model and the Scottish Bill, creating a firm legal framework that places responsibility where it belongs: with buyers and profiteers, not with those being exploited.
In this approach, purchasing sex would be criminalised in all circumstances, with robust enforcement and meaningful penalties. Crucially, those who sell sex would be fully decriminalised, with all past prostitution-related convictions wiped clean, a move that would genuinely remove stigma and recognise that it is unjust to punish the exploited for their life circumstances.
The boldest possible law would place responsibility squarely with the male buyers and profiteers and would finally dismantle the infrastructure of sexual exploitation in Australia.
A defining strength of this model would be a binding government duty to provide long-term, trauma-informed support as a legal right, including housing, healthcare, legal advice, and financial assistance. And the infrastructure of exploitation would be dismantled by criminalising all third-party profiteering (pimping, brothel-keeping, and all facilitation or advertising of prostitution) with strict enforcement.
Survivor advocacy would become central to policy and service design, ensuring the lived realities of exploited women are fully reflected. And with real resources invested in prevention, education, and exit support — especially to change men’s behaviours — this model would tackle the roots of exploitation, not just its symptoms. Strong cross-agency coordination and independent oversight would turn rights on paper into practical protections.
And utilising federal legal powers would ensure consistent protections nationwide, close state and territory loopholes, and deliver the most powerful safeguards against trafficking and sexual exploitation.
Finally, a National Apology would help survivors recover dignity, shame the men who purchase women and girls, and further open pathways to new lives.
A National Apology would acknowledge past wrongs, foster healing, promote public understanding, and strengthen prevention efforts.
Such an approach would be called the Australian Abolition Approach (‘Triple A’) for Absolute Protections, putting women and girls at the centre of the law and removing all space for the interests of buyers and profiteers. And Australia would lead the global fight against the harms of prostitution for women and girls.
Legal powers: Australia can — and must — act now
The federal government already has the clear constitutional power to introduce a uniform national framework. By using its external affairs, corporations, and trade and commerce powers under section 51 of the Constitution, Canberra can act decisively to outlaw the purchase of sex, criminalise all forms of profiteering from prostitution, and coordinate a robust national strategy against sexual exploitation and trafficking.
Australia’s Constitution already gives Parliament the power to abolish sexual exploitation nationwide.
Existing Commonwealth legislation (the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013) already tackles trafficking and slavery, and there is no principled obstacle to extending these powers to the broader context of prostitution. Australia need not stand by while the harms of men buying women and girls escalate.
The way forward: Building a model for absolute protections
Scotland’s reimagined Nordic Model stands as a template for what real progress can look like: unapologetic in its ambition, clear in its priorities, and determined to offer women and girls the utmost protection from the violence and harm of sexual exploitation. Australia must show equal courage and vision, refusing to ‘manage’ or ‘tolerate’ prostitution as an inevitability, and instead work to eliminate it altogether in pursuit of justice, dignity and safety for all women and girls. But even then, we also have a responsibility to do more, and to extend even the Scottish model. We call on the Australias Government to take this opportunity — and execute our responsibility — to abolish prostitution and to legislate for absolute protections.
See below for tables representing various approaches for protections.
The Australian Abolition Approach (‘Triple A’) for Absolute Protections
| Area | Australian Abolition Approach (’Triple A’) for Absolute Protections (combined Scottish/Nordic) | Rationale for maximising protection and support for women and girls |
| Criminalisation of purchase of sex | Criminalises buyers in all settings, with robust enforcement and penalties | Removes demand; holds men accountable |
| Decriminalisation of prostituted persons | Full decriminalisation; repeals offences; quashes convictions | Ends the punishment of women and girls for their own exploitation; supports reintegration |
| Statutory right to support | Explicit, legally enforceable duty on government for comprehensive, long-term support (housing, health, legal, etc.) | Ends punishment; supports reintegration |
| Historical justice | Full retrospective quashing of all relevant convictions for selling sex or related offences | Acknowledges systemic injustice; removes barriers to employment, housing and dignity |
| Action on third parties (pimps, brothels, etc.) | Criminalises all third-party profiteering | Dismantles commercial infrastructure for exploitation; targets those making money from exploitation |
| Survivor-led policy | Mandatory inclusion of survivor voices and expertise in law and policy design, monitoring, and service provision | Ensures policies meet real needs and do not replicate harms or failings of previous systems |
| Prevention and exit supports | Funded programmes for prevention, education, cultural change and sustained exit support | Tackles root cause of men’s behaviour and entitlement, offers real alternatives for women and girls |
| Coordination and monitoring | Integrated, cross-agency approach with independent oversight, transparent reporting, and accountability mechanisms | Delivers implementation and accountability |
| International and cross-border action | Federal law powers used for national consistency and to eliminate sex trafficking and commercial exploitation | Closes loopholes, prevents trafficking, and strengthens Australia’s obligations to protect women and girls |
| International and cross-border action | Uses federal powers for national consistency and anti-trafficking | Closes loopholes, prevents trafficking, and strengthens Australia’s international obligations to protect women and girls |
| National Apology | Formal National Apology to women and girls criminalised for prostitution, restoring dignity and acknowledging harm, signalling justice | Acknowledges past wrongs, fosters healing, promotes public understanding, and strengthens prevention efforts |
Differences or omissions compared to a typical Nordic Model implementation
| Scottish Bill (2025) | Typical Nordic Model | Notable points/differences |
| Criminalises purchase of sex | Criminalises purchase of sex | Aligns |
| Repeals offence of soliciting by prostitutes | Decriminalises sellers | Aligns |
| Quashes historical convictions for soliciting | May or may not quash historical convictions | Scottish Bill sets higher standard |
| Statutory right to support for those in prostitution | Varies | Scottish Bill mandates government duty |
| No reference yet to 3rd party laws (pimp/brothel) | Frequently criminalises pimps, brothel owners | Many Nordic Model laws penalise 3rd parties and profiteers explicitly |
| Explicit brothel/pimping offences not expanded | Usually criminalised | Scottish Bill maintains status quo |
