A parliamentary question seeking clarification on employer liability regarding sex workers' pregnancies and related costs in brothels, specifically concerning condom failure or removal. The answer defers to common law and relevant legislation.

AnsweredQoN 6215Legislative Council
Asked
9 April 2008
Portfolio
Health

QuestionView source ↗

(1) Will the employer be responsible for costs associated with a sex worker’s pregnancy, resultant from sexual intercourse performed whilst an employee in a brothel if, -
(a) an appropriate condom supplied by the employer breaks or accidentally slips off during the intercourse?
(b) a client deliberately removes the condom supplied by the employer prior to ejaculation?
(2) Will the employer be responsible for the cost of rearing the child of a sex worker resultant from sexual intercourse performed whilst an employee 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 resultant from sexual intercourse performed whilst an employee in a brothel?
(4) If no to any of the above, why not?

AnswerView source ↗

Answered
7 May 2008
Responded by
Minister for Child Protection representing the Minister for Health
Response time
28 days
(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 eg workers' compensation legislation, if any or if applicable.
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