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Prostitution Reform Act 2003

Commercial sexual services - Health and safety requirements

9: Sex workers and clients must adopt safer sex practices

You could also call this:

"Stay safe during sex work by using protection and being honest about your health"

When you provide or receive commercial sexual services, you must take steps to stay safe. You must use a prophylactic sheath or other barrier if the services involve vaginal, anal, or oral penetration. This helps prevent the spread of sexually transmissible infections.

You cannot say or imply that a medical examination means you are not infected with a sexually transmissible infection. This is important for keeping you and others safe. You must be honest about your health.

You must also take other reasonable steps to minimise the risk of getting or spreading sexually transmissible infections. If you do not follow these rules, you can get a fine of up to $2,000. The law is in place to protect you and others.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197855.

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8: Operators of businesses of prostitution must adopt and promote safer sex practices, or

"Prostitution businesses must help keep sex workers and clients safe from infections by using protection and sharing health information."

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10: Application of Health and Safety at Work Act 2015, or

"Safety rules at work apply to sex workers too"

Part 2Commercial sexual services
Health and safety requirements

9Sex workers and clients must adopt safer sex practices

  1. A person must not provide or receive commercial sexual services unless he or she has taken all reasonable steps to ensure a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections.

  2. A person must not, for the purpose of providing or receiving commercial sexual services, state or imply that a medical examination of that person means that he or she is not infected, or likely to be infected, with a sexually transmissible infection.

  3. A person who provides or receives commercial sexual services must take all other reasonable steps to minimise the risk of acquiring or transmitting sexually transmissible infections.

  4. Every person who contravenes subsection (1), subsection (2), or subsection (3) commits an offence and is liable on conviction to a fine not exceeding $2,000.

Notes
  • Section 9(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).