❓ A WA parliamentary question addresses brothels, specifically Mary-Anne Kenworthy's reported activities, and seeks clarification on prosecution policies and police actions regarding prostitution-related offences.
AnsweredQoN 648Legislative Council
QuestionView source ↗
BROTHELS — MARY-ANNE KENWORTHY
I refer to an article in The Sunday Times of 21 August 2011, written by Joe Spagnolo and titled “Open for business: brothels switch on to CHOGM visitors”, in which Mary-Anne Kenworthy is reported to be intending to employ 20 new sex workers in her Langtrees brothel, and is expecting to double her profits from prostitution during the upcoming Commonwealth Heads of Government Meeting. (1) Is it currently an offence to keep a brothel, to live off the earnings of prostitution and to procure women to become prostitutes? (2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER
I refer to an article in The Sunday Times of 21 August 2011, written by Joe Spagnolo and titled “Open for business: brothels switch on to CHOGM visitors”, in which Mary-Anne Kenworthy is reported to be intending to employ 20 new sex workers in her Langtrees brothel, and is expecting to double her profits from prostitution during the upcoming Commonwealth Heads of Government Meeting. (1) Is it currently an offence to keep a brothel, to live off the earnings of prostitution and to procure women to become prostitutes? (2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(1) Is it currently an offence to keep a brothel, to live off the earnings of prostitution and to procure women to become prostitutes? (2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(1) Is it currently an offence to keep a brothel, to live off the earnings of prostitution and to procure women to become prostitutes? (2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(2) If yes to (1), what steps are being taken by WA Police to investigate these reported claims by Ms Kenworthy? (3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(3) Given that an earlier prosecution of Ms Kenworthy was dropped on the grounds that it was not in the public interest to pursue the prosecution, does Ms Kenworthy enjoy a de facto immunity from WA Police from prosecution for any prostitution-related offences? Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
Hon PETER COLLIER replied: I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
I thank the honourable member for some notice of this question. (1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(1) Sections 190 and 191 of the Criminal Code outline offences in relation to the managing of premises for prostitution, knowingly living either partly or wholly off the earnings of prostitution, and procuring women to be involved in prostitution. On occasion, brothels may breach various sections of the Prostitution Act 2000; however, this would need to be subject to determination by way of investigation once a complaint was made or information was received. (2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(2) Abolition of the containment policy in 2000 and the Director of Public Prosecutions’ doubts about the viability on public interest grounds of prosecuting existing private-place prostitution laws have led WA Police not to use finite public resources enforcing defective legislation. Emanating from the failed Kenworthy prosecution in January 2004, the then Commissioner of Police, Mr Barry Matthews, determined that WA Police would not continue to police brothels under the provisions of either the Criminal Code or the Police Act 1892. The DPP’s position on Criminal Code prosecutions was further endorsed in November 2005 as not in the public interest upon inquiry by the superintendent of the organised crime division and the assistant commissioner of the specialist crime portfolio. WA Police continue to police street prostitution effectively under the provisions of the Prostitution Act 2000, but the operation of brothels is not regulated unless the possible involvement of organised crime networks, juveniles, drugs, illegal immigrants or sexual servitude is established. The WA Police organised crime squad continues to monitor activities within the sex industry and maintains a current database of information on known brothels. (3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
(3) In November 2002, brothel madam Ms Mary-Anne Kenworthy was charged with keeping premises for prostitution under the provisions of the Criminal Code. The prosecution, however, was not supported by the Director of Public Prosecutions, who considered that prostitution was not an issue of significant concern to the community and, as such, did not justify the cost of the prosecution in lieu of the likely penalty. A similar prosecution under the provisions of the Police Act 1892 also was not pursued by WA Police on the same basis following advice from the State Solicitor’s Office. Whether Ms Kenworthy or any other person was to be charged with an offence committed under the Prostitution Act 2000 would need to be subject to determination by way of investigation once a complaint was made or information was received. That determination would consider the evidence gleaned and the prosecution policy.
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