A WA parliamentary question seeks clarification on liability for pregnancy-related costs for sex workers employed in brothels following the Prostitution Amendment Bill 2007. The Minister's response indicates the bill doesn't address these issues, deferring to common law and existing statutory responsibilities.

AnsweredQoN 541Legislative Council
Asked
3 June 2008
Portfolio
Health

QuestionView source ↗

SEX WORKERS — PREGNANCIES
When the Prostitution Amendment Bill 2007 is enacted — (1) Who will be responsible for costs associated with a sex worker’s pregnancy that results from sexual intercourse performed whilst an employee of a brothel if — (a) an appropriate condom supplied by the employer breaks or accidentally slips off during intercourse; or (b) a client deliberately removes the condom supplied by the employer prior to ejaculation? (2) Who will be responsible for the cost of rearing the child of a sex worker that results from sexual intercourse performed whilst the employee is in a brothel? (3) Will an employer be responsible for the costs associated with a sex worker having an abortion to terminate an unwanted pregnancy that results from sexual intercourse performed whilst an employee in a brothel? (4) If no to any of the above, why not? Hon SUE ELLERY

AnswerView source ↗

I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
(1) Who will be responsible for costs associated with a sex worker’s pregnancy that results from sexual intercourse performed whilst an employee of a brothel if — (a) an appropriate condom supplied by the employer breaks or accidentally slips off during intercourse; or (b) a client deliberately removes the condom supplied by the employer prior to ejaculation? (2) Who will be responsible for the cost of rearing the child of a sex worker that results from sexual intercourse performed whilst the employee is in a brothel? (3) Will an employer be responsible for the costs associated with a sex worker having an abortion to terminate an unwanted pregnancy that results from sexual intercourse performed whilst an employee in a brothel? (4) If no to any of the above, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
(b) a client deliberately removes the condom supplied by the employer prior to ejaculation?
(3) Will an employer be responsible for the costs associated with a sex worker having an abortion to terminate an unwanted pregnancy that results from sexual intercourse performed whilst an employee in a brothel? (4) If no to any of the above, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
(4) If no to any of the above, why not? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
I thank the honourable member for some notice of the question. (1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.
(1)-(4) The bill does not deal with these issues. The issue of responsibility would be dealt with under common law principles in relation to negligence or under statutory responsibilities—for example, workers’ compensation legislation—if any or if applicable.

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