LAWS12072 Legal Research
LAWS12072 Legal Research
RUBRIC Research Portfolio
Criteria Not Met Met Exceeded Advanced
Portfolio: Weeks 3 11
(10 marks) Locate and critically analyse suitable sources Discussion lacks critical analysis. Suitable sources relevant to the topic are not cited. Uses generative AI to assist with preparing the portfolio. Foundational knowledge of the research field and some of the relevant contextual issues. Location of some suitable sources but lack of analysis of their value to the task. Demonstrates knowledge of the research field and key contextual issues have been identified and explored. Identification of a broad range of suitable sources and engages in an analysis of their value. Advanced knowledge of the field across multiple contexts with the ability to connect different issues, stakeholders and disciplines together. Thorough analysis of a broad range of legal sources with allocation of suitable weight to be attributed to them.
Engage in self-evaluation and critical reflection Self-evaluation not apparent. Unable to describe own learning process or engage in self-reflection. Describes the learning process and reflects on the relevant weekly content and progress throughout the unit. Identifies are of progress. Reflects on weekly content and identifies its relevance to the research project. Fluidly describes the learning journey to provide context. Able to self-evaluate and identify areas of strength and weakness. Reflection includes identifying the relevance of the skills learnt in the unit to career aspirations. Insightful reflection on the learning journey. Able to self-evaluate at various points throughout the term and identify strengths and weaknesses. Demonstrates motivation for whole of career professional development in the future through the identification of clear goals and a well-articulated plan for career development.
Communicate effectively in writing Grammar, spelling and referencing contain significant errors. Language often not fluent. Meaning apparent and language is mainly fluent. Grammar, spelling and referencing contain some errors. Demonstrates effective and cogent written communication skills. Grammar, spelling and referencing are mainly accurate with only minor errors. Written communication is of a professional standard. Fluent and fluid writing style suitable for the nature of the task. Grammar, spelling and referencing are consistently accurate.
Present arguments in a logical and persuasive manner Arguments are unclear, illogical, lack structure and/or verbose and lack persuasion. Some structure. Most issues are communicated effectively but lack persuasion on some points. Communicates most points clearly and in a persuasive manner. All relevant issues are addressed clearly, concisely and persuasively throughout.
Oral Presentation
(20 marks) Present information orally in an effective manner Sometimes difficult to follow key points. Fails to adapt to the context and needs of the audience. Clear communication of key points. Sometimes fails to adapt to meet the needs of the audience. Logical structure suitable for the exploration of both sides of the debate. Engaging delivery of information that is generally adapted to meet the needs of the audience. Adopts a logical structure for the presentation of arguments in their social, legal and ethical context. Presentation is of professional standard and is comprehensive, engaging and demonstrates an understanding of the audiences needs.
Critically analyse legal and interdisciplinary sources and adopt an evidence-based approach Either no analysis at all or analysis is difficult to follow. Understanding of the sources is often not evident. Key arguments are sometimes unclear. Uses generative AI to assist with preparing presentation. Student formulates key arguments are briefly outlined. Mainly cites evidence and sources in support of arguments but often fails to evaluate them. Student analyses both sides of the debate. Frequent reference to evidence in support of arguments with some consideration of the weight to be attributed to them. Students understanding of the sources is evident and provides a suitable foundation for the students critical analysis of sources. Presentation provides an engaging discussion and demonstrates a balanced, objective approach informed by evidence.
Evidence and sources are infrequently cited in support of arguments. Fails to identify reliable and scholarly sources. Contains reference to at least four suitable, credible sources but there is little evaluation of their value. Contains reference to five or more suitable, credible sources with a brief discussion of their relevance and/or their importance to the topic or argument. Contains reference to five or more suitable, credible legal and interdisciplinary sources in support of discussion and evaluates the relevance, importance and weight of those sources. Demonstrates understanding of the importance of analysing sources in context.
Reach logical, informed conclusions grounded in the arguments presented Conclusion does not align with key arguments presented. Conclusion briefly outlines the presenters position on the topic but fails to address the key arguments. Conclusion summarises the key arguments and adopts a logical position on the topic. Conclusion, and suggested solutions, are compelling, logical and grounded in the analysis of the legal and interdisciplinary sources cited throughout.
Research Portfolio
Table of Contents
TOC o "1-3" h z u Week 5 PAGEREF _Toc115892170 h 2Time Management Plan PAGEREF _Toc115892171 h 2Organisation of research material PAGEREF _Toc115892172 h 4Research skills audit PAGEREF _Toc115892173 h 5Reflection PAGEREF _Toc115892174 h 5Week 6: PAGEREF _Toc115892175 h 6Stakeholder arguments PAGEREF _Toc115892176 h 7Ideas for topic statement/question: PAGEREF _Toc115892177 h 8Topic statement evolution: PAGEREF _Toc115892178 h 8Week 7 PAGEREF _Toc115892179 h 11Mini Lit-Review PAGEREF _Toc115892180 h 11Search terms PAGEREF _Toc115892181 h 15Week 8 PAGEREF _Toc115892182 h 16Data PAGEREF _Toc115892183 h 16Data visualisation PAGEREF _Toc115892184 h 18Reflection PAGEREF _Toc115892185 h 18Week 9 PAGEREF _Toc115892186 h 20Detailed plan PAGEREF _Toc115892187 h 20Detailed plan (Take 2) PAGEREF _Toc115892188 h 23Week 10 PAGEREF _Toc115892189 h 25Presentation PAGEREF _Toc115892190 h 25Bibliography PAGEREF _Toc115892191 h 25Reflection PAGEREF _Toc115892192 h 26Week 11 PAGEREF _Toc115892193 h 27Skills audit PAGEREF _Toc115892194 h 27Reflective letter PAGEREF _Toc115892195 h 28
Week 5Time Management PlanWeek Date (Wk begin.) Portfolio Tasks Project Tasks Other tasks
5 8 Aug Time management plan
Research skills audit Project planning, time management plan, tasks, research plan/strategy
Read QLRC Issues Paper
Wider background research to gain working knowledge of topic identify key search terms, different sources
Mind-mapping stakeholders, regulatory network
Construct database of sources and record sources and citations prelim ideas for keywords/tags
Initial ideas for argument/statement Assessment 1 (both units) due 12/8
Vacation 15 Aug 6 22 Aug Stakeholder map
Arguments of stakeholders
Initial position statement
7 29 Aug List of search terms
Mini lit review
Reflection Continue reading/researching inc quantitative data, different sources (primary, secondary, interdisciplinary)
Refine argument/topic statement
Finalise argument/topic statement
Narrow down search topics/key words 8 5 Sep Quantitative data set extraction
Context, gaps, comparison
Present as infographic
Discussion/reflection Assessment due for other unit 9/9
9 12 Sep Detailed outline of project Complete draft presentation (inc visuals, infographics, slides(?), practice delivery ideas) Assessment 2 Quiz 13/9
10 19 Sep Oral presentation
Executive summary
List of sources
Reflection Practice presentation record, reflect, repeat 11 26 Sep Skills audit (repeat, compare, reflect)
Reflective letter Record final presentation
Edit video Start exam revision
12 3 Oct Portfolio due 5/10 Submit
Celebrate Organisation of research materialI have discovered Zotero!!! Thank you, thank you, thank you to whoever included this in the study guide. I will use this program to save articles/documents directly from my web browser and organise them into folders. Initially the files will go into my unread folder. Then, after Ive read them and taken notes, I will put them into my read folder. Within this I have categories of useful and not useful. This is as far as Ive got so far, but intend to categorise my folders further using key words/tags to sort articles effectively. Ive got it set so that all the files are saved on my OneDrive account so I dont lose them if anything happens to my computer.
Ive also downloaded Evernote to use for note-taking when I read the articles, which I can again use key words to sort. I havent figured out how to get the most out of this program yet, but I will!
Research skills auditResearch Skill Score (1 = poor, 2 = average, 3 = good, 4 = excellent)
Locating legislation 4
Locating regulations 4
Noting up 3
Locating cases 3
Using case citators: Westlaw and Lexis 3
Using case citators: Austlii and LawCite3
Locating journal articles: Westlaw, Lexis, Austlii3
Locating journal articles: other databases 3
Locating interdisciplinary materials 4
Assessing credibility of sources 4
Structuring research project/essay question 3
Arguing persuasively in writing 4
Delivering oral presentation 2
ReflectionTwo of the areas I am going to focus on improving over the next few weeks are my noting up and using case citator skills. I know how to use these functions on some databases, but dont feel confident across all databases. To do this I am simply going to take time to practice.
I know I also have to work on my skills in structuring my research project. Sometimes I find that I need to just start writing and the ideas all somehow come together. But this isnt good planning and sometimes leads to me going off-topic.
The main skill I want (and need) to work on is presenting. I find I get so self-conscious when giving presentations that its all I can think about, and this just makes things worse. In my work I speak publicly and dont really have any issues with this. But when it comes to doing a presentation that I know I am going to be marked on, its a different ball game. I think I need to practice more and to try not to be so self-conscious about it. Im not really sure how to improve this skill.
Week 6:
Stakeholder argumentsSex worker advocacy organisations (e.g. Respect Inc, Scarlet Alliance, Decrim Qld):
All types of sex work should be decriminalised. Decriminalisation does not include licensing.
Licensing and regulatory bodies:
Sex work should only be legalised where strict regulations are in place. Licensing is the only way to ensure that corruption and organised crime have no place in prostitution.
Police:
Sex work should remain a crime; sex workers should be punished by the law if not working withing regulated/licensed industry
Some feminist bodies:
Sex work should be decriminalised but sex work customers should be criminalised.
Health professionals
Decriminalisation would have a positive impact on the health of sex workers and their clients.
Neighbourhood groups:
Prostitution should only be legal where occurring in licensed premises away from our schools, churches, children.
Child protection bodies:
Being exposed to sex work has a negative impact on children. Sex work should be discouraged and children should be protected from it.
Anti-trafficking bodies:
Decriminalisation leads to an increase in human trafficking and sexual exploitation.
Allied health professionals:
Decriminalisation would improve the social, psychological and emotional health and wellbeing of sex workers.
Ideas for topic statement/question:To what extent should sex work businesses in Qld be licensed?
Should there be a licensing regime for sex work business operators?
How can compliance with licencing requirements for sex work businesses be encouraged?
How should sex work be regulated in Qld?
Does licensing of sex work businesses safeguard the health and safety of sex workers?
What lessons can be learned from NSW legislative reform?
A comparative analysis of NSW and the NT decriminalisation of sex work
Does licensing of brothels protect sex workers or safeguard against organised crime and corruption? Are these purposes compatible?
-575310-607695Is licensing antithetical to decriminalisation of sex work in Qld?
Can the sex work industry in Qld be regulated without a licensing regime?
Topic statement evolution:5161972132394Does licensing of sex work businesses safeguard the health and safety of sex workers?
Comparison of current brothel licensing regime in Qld compared with other Aus states/territories
Health and safety outcomes of sex workers (working in brothels) in Qld
Compare with
Health and safety outcomes of sex workers in jurisdictions with less strict licensing regimes
Compare with
Health and safety outcomes of sex workers in jurisdictions with no licensing regime.
00Does licensing of sex work businesses safeguard the health and safety of sex workers?
Comparison of current brothel licensing regime in Qld compared with other Aus states/territories
Health and safety outcomes of sex workers (working in brothels) in Qld
Compare with
Health and safety outcomes of sex workers in jurisdictions with less strict licensing regimes
Compare with
Health and safety outcomes of sex workers in jurisdictions with no licensing regime.
-11594083788Does licensing of sex work businesses safeguard the health and safety of sex workers?
Current licensing regime in Qld
Purposes of regime
Health and safety outcomes of sex workers
COMPARE
Jurisdictions where sex work decriminalised, with no licensing regime
Health and safety outcomes of sex workers.
00Does licensing of sex work businesses safeguard the health and safety of sex workers?
Current licensing regime in Qld
Purposes of regime
Health and safety outcomes of sex workers
COMPARE
Jurisdictions where sex work decriminalised, with no licensing regime
Health and safety outcomes of sex workers.
866288129594
625458851706
3640455-58420
2981201581407Issues with topic:
Most data re health and safety of SWs in Qld is collected from SWs in legal brothels, less than 10% of sex work population in Qld. So cant really compare this data with H&S outcomes of SWs in jurisdictions with no licensing regimes.
Difficult to find data which is actually comparable.
00Issues with topic:
Most data re health and safety of SWs in Qld is collected from SWs in legal brothels, less than 10% of sex work population in Qld. So cant really compare this data with H&S outcomes of SWs in jurisdictions with no licensing regimes.
Difficult to find data which is actually comparable.
76561951579245
3930650-3663954964317-231848Is licensing antithetical to decriminalisation of sex work in Qld?
Current regulatory framework in Qld
Purposes of licensing and are these being met?
Purpose of decriminalisation why is Qld decriminalising SW?
Comparison of purposes of licensing and purposes of decriminalisation are they compatible or antithetical?
Can the advantages of regulation through licensing be achieved in alternative ways? E.g. existing laws
00Is licensing antithetical to decriminalisation of sex work in Qld?
Current regulatory framework in Qld
Purposes of licensing and are these being met?
Purpose of decriminalisation why is Qld decriminalising SW?
Comparison of purposes of licensing and purposes of decriminalisation are they compatible or antithetical?
Can the advantages of regulation through licensing be achieved in alternative ways? E.g. existing laws
219798-232394Is licensing antithetical to decriminalisation of sex work in Qld?
Licensing
Purposes eg explanatory notes
Pros and cons
DecrimPurposes of decriminalisation
Other jurisdictions where decrimWith licensing
Without licensing
Advantages of licensing alternative ways to achieve?
00Is licensing antithetical to decriminalisation of sex work in Qld?
Licensing
Purposes eg explanatory notes
Pros and cons
DecrimPurposes of decriminalisation
Other jurisdictions where decrimWith licensing
Without licensing
Advantages of licensing alternative ways to achieve?
123519740881960112074088185761166440613011089543870974572008033172402362200319341548266433806430Is licensing of brothels necessary for their effective regulation?
Benefits of licensing in Qld
3 key points and rebut these arguments
Disadvantages of licensing
3 key points back up with evidence
Regulation through existing laws
Pros and cons??
00Is licensing of brothels necessary for their effective regulation?
Benefits of licensing in Qld
3 key points and rebut these arguments
Disadvantages of licensing
3 key points back up with evidence
Regulation through existing laws
Pros and cons??
34601883192885Reframe the question
00Reframe the question
-231813621196Can the sex work industry in Qld be regulated without a licensing regime
Purposes of licensing in Qld?
Pros/cons of licensing
Full decrim = no licensing advantages?
Regulation through existing law
00Can the sex work industry in Qld be regulated without a licensing regime
Purposes of licensing in Qld?
Pros/cons of licensing
Full decrim = no licensing advantages?
Regulation through existing law
6463030202311051275852278573Too broad!
00Too broad!
6622001270372195313518823045525452567941Is licensing necessary in a decriminalised sex work industry?
Purposes of licensing
Realities of licensing
Disadvantages of licensing
Benefits of full decriminalisation
00Is licensing necessary in a decriminalised sex work industry?
Purposes of licensing
Realities of licensing
Disadvantages of licensing
Benefits of full decriminalisation
3502660145605536042603016252140092043025Is licensing necessary in a decriminalised sex work industry?
00Is licensing necessary in a decriminalised sex work industry?
46398241050331But what is effective regulation?? Effective for who? Sex workers? Lawmakers? The community? Aaaarghh.
00But what is effective regulation?? Effective for who? Sex workers? Lawmakers? The community? Aaaarghh.
213995602615Is licensing of brothels necessary for their effective regulation?
00Is licensing of brothels necessary for their effective regulation?
Week 7
Mini Lit-ReviewArticle 1:
Lucy Platt, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes et al., Associations between sex work laws and sex workers health: A systematic review and meta-analysis of quantitative and qualitative studies (2018) PLOS Med 15(12).
Argument: The article aims to synthesise evidence regarding the health and safety of sex workers working in jurisdictions with varying regulatory frameworks. The article posits that criminalisation of sex work is strongly linked with increased harms to the health and welfare of sex workers and argues for urgent law reform.
Positions: The article considers various legislative models of sex work, including criminalisation, criminalisation of the purchase of sex, legalisation/regulatory models and full decriminalisation. It argues that in all contexts of criminalisation, sex workers are negatively impacted by stigmatisation and marginalisation, resulting in reduced access to health care, reduced access to justice, and impacts on safety and risk reduction strategies.
Utility: This article is useful because it synthesises evidence from many different qualitative and quantitative studies to reach its conclusions. It will be useful in my presentation as a rebuttal against the argument that a licensing regime has positive outcomes for the health and wellbeing of sex workers.
Useful data:
Between 32% and 55 % of cis-gender women working mostly in the context of street-based sex work have experienced violence in the past year.
Criminalisation and repressive public health approaches to sex work (e.g. mandatory registration and HIV/STI testing)have been shown to hinder the prevention of HIV.
Useful quotes:
sex workers in decriminalised settings report improved workplace safety, health and social care access, and emotional health.
The qualitative synthesis shows how violence and stigma against sex workers are institutionalised, legitimised and rendered invisible in contexts of any criminalisation and regulation, as sex workers across settings consistently report being further criminalised, blamed or ignored when they report crimes against them. This structural, symbolic and everyday violence fosters climates of impunity and under-reporting, and failure to recognise sex workers as citizens deserving protection, care and support.
Findings clearly show that criminally enforced regulatory models create major disparities within sex work communities, possibly enabling access to safer conditions for some but excluding the large majority who remain under a system of criminalisation.
The recognition of sex work as an occupation is an important step towards conferring social labour and civil rights on all sex workers, and this must be accompanied by concerted efforts to challenge and redress cultures of discrimination and violence against people who sell sex.
Gaps: The article focuses on various health outcomes for sex workers, specifically, violence, STIs, HIV, stress, anxiety, depression, risk management strategies, condom use and access to health care. The scope of the research did not reach to other issues facing sex workers such as employment and labour conditions and access to justice, which are equally influenced by legal frameworks. These are areas which I would like to include in my presentation in relation to the impact of a licensing regime.
Article 2:
Lindsey Jemison, Feminist Theory and Sex Work Regulation: Comparing Regulatory Models and Implementation of Theoretical Policy (2021) Journal of Law in Society 21(1) 163.
Argument: The regulatory model of legalisation, where control of the sex trade is allocated to the state, offers the most harm reduction and empowerment for sex workers.
Positions: The article discusses the advantages and disadvantages of four regulatory models of sex work legislation, namely: abolition; criminalisation decriminalisation; and legalisation. It does so by examining the implementation of these models in different countries and whether the goals of each model have been met. It argues that the model of legalisation (discussed as a model which sees sex workers as legitimate parts of the labour force and which allows for state control and implementation of effective prostitution polices) is the model which does the least harm to sex workers.
Utility: This article is useful because it compares different regulatory regimes in different countries, and provides evidence against the criminalisation of sex work. However, it characterises decriminalisation as a regulatory model such as is used in Sweden, where although sex work is decriminalised, the purchase of sex is not. This is the only article I have come across which refers to criminalisation of the purchase of sex as decriminalisation. The article does not include consideration of full decriminalisation, such as the model in New Zealand, and is therefore an inadequate comparative analysis. However, the article does provide examples of arguments for a regulatory model of sex work. These are arguments that I will attempt to rebut in my presentation.
Useful quotes:
The term sex work was intended to reframe prostitutes as service workers, selling sex as a service without selling themselves. It originated as a political term, signify[ing] a self-conscious effort by advocates and self-identified sex workers to recast people selling sexual services as workers organising for the rights and protections afforded workers in any other context, including the right to be free from violence and bodily harm in the workplace.
Sex workers have not been seen, historically, as legitimate participants in the service labor sector, and this is one of the continuing contributing factors to the increased risk of harm faced by sex workers.
Supporters of legalization advocate for its benefits, such as the ability to better prosecute sex crimes, increase public health and educational resources for individuals in the commercial se trade, and apply labor and safety regulation to the commercial sex industry.
The question is whether state control is an effective means of achieving these goals, and whether it is possible to strike a sustainable balance between state control and freedom of sex work.
Gaps: Further to the inadequacies of the article discussed above, it also presumes that the stated goals of each regulatory model are the actual intended goals of each model. It also assumes that all sex work in a particular jurisdiction is subject to only one of these regulatory models.
Article 3:
Lauren Renshaw, Jules Kim, Janelle Fawkes and Elena Jeffreys, Migrant Sex Workers in Australia (2015) Australian Institute of Criminology, Research and Public Policy Series 131.
Argument: This article compares the experiences of migrant sex workers with those of Australian-born sex workers in relation to work conditions, access to services and demographics. It concludes that most of the sex workers sampled were satisfied with working conditions, but that social and structural barriers may prevent migrant sex workers from accessing services that non-migrant sex workers access.
Positions: The article considers the views of migrant and non-migrant sex workers in Australia on a range of topics, including workplace rights, motivation for doing sex work, satisfaction with income, experiences of abuse in the workplace, access to sex worker organisation and health outcomes.
Utility: I will probably not use this research in my presentation, as the focus of my presentation is specifically on licensing and this article does not separate out the experiences of sex workers working in different legal frameworks.
Search termssex work OR prostitution OR brothels
AND
Legislation OR regulation OR licensing OR decriminalisation
Week 8
DataData extracted from:
Charlotte Seib, Jane Fischer and Jackob Najman, The health of female sex workers from three industry sectors in Queensland, Australia (2009) Social Science & Medicine 68(3), Table 1.
Three statements from the data:
3% of licensed brothel sex workers in Queensland reported being raped or bashed by a client in the past 12 months, compared with 52% of illegal sex workers.
75% of illegal sex workers in Queensland reported a history of injecting drug use, compared with only 17% of legal sex workers.
50% of illegal sex workers are offered extra money for sex without a condom all or most of the time, compared with 18% of licensed brothel sex workers.
Methodology
Data was collected from 247 female sex workers in Queensland in 2003. 141 sex workers were contacted by the researchers in person (being approached directly on the street or in a brothel), or through phone calls (where phone numbers were obtained from newspaper and online advertisements). 06 sex workers were referred to the study by other sex workers or other sex work agencies.
Data was obtained through a mixture of self-completed or interviewer administered questionnaires. Participates were paid $25 for their participation.
Ethics approval was granted by the University of Queensland and Queensland University of Technology Ethics Committees.
Validity and criticisms
Only 42 of the participants reported working in the illegal sex work sector (ie not in a licensed brothel or as a private sole operator). As the sample size is small, and was collected through snowball sampling, the data is likely not representative of the population of sex workers in Queensland.
The data differentiates between three sectors of sex work: licensed brothel sex work; private sole operator sex work; and illegal sex work. Other research has shown, however, that most sex work does not fit neatly into these categories, and that those working as sole-operators may also be working illegally, for example by working in pairs or advising another sex worker of their whereabouts. Similarly, some sex workers will engage in sex work in all three sectors.
Furthermore, illegal sex work encompasses many different types of sex work, for example working as an escort, in a massage parlour or in an unlicensed brothel. The data does not differentiate between types of illegal sex work. This makes any comparison between legal and illegal sex work unfeasible as the data could actually say more about sex workers working in business premises (licensed and unlicensed brothels) compared with those working alone both privately and on the street.
The data shows correlations between, for example, illegal sex workers and higher rates of injecting drug use, but does not give any suggestion of the direction of this relationship. Similarly, the context of sex workers experiences of physical and/or sexual abuse is not apparent, making it impossible to identify in which setting or sector this abuse occurred.
Further research
The research only considers female sex workers (though this is expressly stated as an aim of the research). Further research should be conducted with female, male and gender-diverse sex workers across different sectors.
Larger numbers of sex workers should have been interviewed to obtain a more representative sample.
The category of illegal sex work should be further broken down into different types of sex work, as it is ambiguous and contains a wide range of sex work services. I would investigate more than these three sectors of sex work
466888430582540033587431659500Data visualisati-1459154080578ReflectionUsing data visualisation like these bar graphs makes it much easier to make quick comparisons between data sets than by reading it in a table. But it only really works if the data is valid and comparable in the first place.
Im thinking of using this data to support one of my arguments that licensing only benefits a minority of sex workers who are able to work in licensed brothels.
0ReflectionUsing data visualisation like these bar graphs makes it much easier to make quick comparisons between data sets than by reading it in a table. But it only really works if the data is valid and comparable in the first place.
Im thinking of using this data to support one of my arguments that licensing only benefits a minority of sex workers who are able to work in licensed brothels.
5466945-32766000on(I cant make this page go away)
Week 9Detailed planIs licensing necessary in a decriminalised sex work industry?
Introduction
Context re QLRC Consultation Paper.
Outline structure of presentation: Three main purposes of licensing; three main disadvantages of licensing; and benefits of full decriminalisation.
Purposes of licensing (and its unintended consequences)
Ensure a health society and promote safety
Sexual health monitoring based on argument in Explanatory Notes that health risks associated with the sex industry, particularly relating to STIs and HIV are extremely high.
But no evidence that sex workers have higher rates of STIs or HIV than general population in Aus.
Mandatory testing less effective than voluntary testing in detecting STIs and HIV.
Related criminal offences offence for sex worker to work while infectious and sex worker deemed to have known infectious unless regular medical testing proven.
But excessive regulation negative impact on community health strategies.
Mandatory testing regimes contrary to best practice models and not evidenced by current epidemiology in Australia.
Amenity regulations/brothel licence conditions and PLA Operational Standards Manual. Licensed brothels as offering the safest working environment for sex workers.
But not many brothels.
Small towns allowed to prohibit brothel development applications.
Safeguard against organised crime and corruption
Ensuring that unsuitable persons do not operate within the licensed brothel industry. Stems from Fitzgerald Inquiry.
Eligibility for a licence. Effective barrier against organised crime and corruption.
But unlicensed/illegal sector possibly more vulnerable to organised crime and corruption.
Inspections/investigations/audits by PLA ensure compliance with licence conditions positive outcomes for sex workers in licensed brothels.
But administration of licensing very expensive.
Licence fees and renewal fees expensive.
Suitability for licence aimed at deterring illegal activity and any association with org crime.
Wide grounds for PLA to refuse licence.
Where is evidence that meeting suitability criteria results in improved outcomes for sex workers?
Social control model of licensing. Moral agenda behind decision-making functions of PLA.
Ensure Quality of life for local communities
Brothels located away from residential areas.
Dangerous, isolating, stigmatising.
Disadvantages of licensing
Costly and complex
Creates a two-tiered system
Perpetuates stigma and discrimination
Full decriminalisation
Regulation through:
Work Health and Safety Act 2011 (Qld).
Industrial Relations Act 2016 (Qld).
Criminal Code Act 1899 (Qld) Sch 1 The Criminal Code.
Criminal Code Act 1995 (Cth).
Planning Act 2016 (Qld).
Anti-Discrimination Act 1991 (Qld).
Public Health Act 2005 (Qld).
Got to this point before really realising that my presentation is going to be about an hour too long. So Im changing it up.
Detailed plan (Take 2)Introduction
Main purpose licensing in Qld safeguard against org crime and corruption.
Use example of Sarah (fictional sex worker) to highlight realities of working in sex work industry which is partially licensed and partially illegal.
Then discuss incompatibility of licensing and decriminalisation.
Then discuss licensing as an example of sex work specific legislation that perpetuates stigma.
Safeguard against organised crime and corruption
Ensuring that unsuitable persons do not operate within the licensed brothel industry. Stems from Fitzgerald Inquiry.
Eligibility for a licence. Effective barrier against organised crime and corruption.
But unlicensed/illegal sector possibly more vulnerable to organised crime and corruption.
Inspections/investigations/audits by PLA ensure compliance with licence conditions positive outcomes for sex workers in licensed brothels.
But administration of licensing very expensive.
Licence fees and renewal fees expensive.
Suitability for licence aimed at deterring illegal activity and any association with org crime.
Wide grounds for PLA to refuse licence.
Where is evidence that meeting suitability criteria results in improved outcomes for sex workers?
Social control model of licensing. Moral agenda behind decision-making functions of PLA.
Disadvantages of licensing
Cost, complexity and excessive regulation Qlds licensing framework not working. Morality-based decision-making as inefficient in regulating sex work industry.
Creates a two-tiered system large part of industry no option but to operate illegally.
A criminally-enforced regulatory model creating major disparities within the sex work industry. Continued criminalisation.
Regulation of sex work embedded in social contexts and dependent on underlying ideologies about the moral (un)acceptability of paid sex.
Full decriminalisation
Necessary to regulate sex work as work. Only difference is stigma stems from questions of morality.
Regulating sex work as work reframes the discussion not perpetuate stereotypes and assumptions.
Regulation of sex work industry through existing laws.
Conclusion
Licensings negative impacts on sex workers including the perpetuation of stigma.
Licensing not necessary for effective regulation of the sex work industry.
Lawmakers need to choose to regulate industry, not morality.
Week 10
Bibliography for sources cited in presentation
A Articles/Books
Bateman, Victoria How Decriminalisation Reduces Harm Within and Beyond Sex Work: Sex Work Abolitionism as the Cult of Female Modesty in Feminist Form (2021) Sexuality Research and Social Policy 18, 821.
Crofts, Penny, Jane Maree Maher, Sharon Pickering and Jason Prior, Ambivalent Regulation: The Sexual Services Industries in New South Wales and Victoria Sex Work as Work, or as Special Category? (2012) Current Issues in Criminal Justice, 23(3), 393.
Crofts, Thomas, and Tracey Summerfield, The Licensing of Sex Work: Regulating an Industry or Enforcing Public Morality (2007) University of Western Australia Law Review 33(2).
Harcourt, Christine, Sandra Egger and Basil Donovan, Sex Work and the Law (2005) Sexual Health 2, 123.
Jeffreys, Elena, Erin OBrien and Janelle Fawkes, The Case for Decriminalisation: Sex Work and the Law in Queensland (2019) Crime and Justice Briefing Paper, Issue 1, 2.
Neave, Marcia, Institutional Law Reform in Australia: The Past and the Future (2005) Windsor Year Book Access to Justice 23(2), 362.
Platt, Lucy, Pippa Grenfell, Rebecca Meiksin, Jocelyn Elmes et al., Associations between sex work laws and sex workers health: A systematic review and meta-analysis of quantitative and qualitative studies (2018) PLOS Med 15(12).
B Reports
Crime and Misconduct Commission, Regulating Prostitution: An Evaluation of the Prostitution Act 1999 (Qld) (December 2004).
Crime and Misconduct Commission, Regulating Prostitution: A follow-up review of the Prostitution Act 1999 (June 2011).
Decrim Qld, Licensing has failed (2021) (Infographic) <https://respectqld.org.au/decriminalise-sex-work/resources/>
Fitzgerald, Tony, Commission of Inquiry into Possible Illegal Activities and Associated Police Conduct (1989) Report of a Commission of Inquiry Pursuant to Orders in Council (The Fitzgerald Inquiry 1989).
Prostitution Licensing Authority, Annual Report 2020-2021, (August 2021).
Prostitution Licensing Authority, Annual Reports (Various).
Queensland Law Reform Commission, A framework for a decriminalised sex work industry in Queensland (Consultation Paper WP 80, April 2022).
Respect Inc, Regulating Bodies: An In-Depth Assessment of the Needs of Sex Workers [Sexual Service Providers] in Queenslands Licensed Brothels (2017).
Respect Inc & #DecrimQLD, Reforming Regulation of the Sex Industry in the Northern Territory, Submission to Department of Justice and the Attorney General (NT), (13 May 2019).
Scarlet Alliance, The Principles for Model Sex Work Legislation (2014).
C Legislative materials
Prostitution Act 1999 (Qld).
Explanatory Notes, Prostitution Bill 1999 (Qld).
ReflectionAlthough I found this presentation stressful, I wasnt as anxious as I would have been had it been live. Being able to practice and record myself a few times gave me more confidence, but then I think I over-practiced with the outcome being that it sounds rehearsed.
If I had more time then I would leave it alone for a few days and then come back to it to do the final recording.
I know that its also a bit too long but I had already cut out so much that if I took out any more, my argument wouldnt be complete. This is due to bad planning and completely underestimating how short 8 minutes of speaking really is.
Overall Im happy with my presentation. I think I spoke clearly (even though it was a bit fast) and was able to say a lot without reading too much. I struggled with how much text to put on each slide and went for the minimum. I think this worked well.
Week 11Skills auditResearch Skill Score (1 = poor, 2 = average, 3 = good, 4 = excellent)
Week 5
Week 11
Locating legislation 4 4
Locating regulations 4 4
Noting up 3 4
Locating cases 3 4
Using case citators: Westlaw and Lexis 3 4
Using case citators: Austlii and LawCite3 4
Locating journal articles: Westlaw, Lexis, Austlii3 4
Locating journal articles: other databases 3 4
Locating interdisciplinary materials 4 4
Assessing credibility of sources 4 4
Structuring research project/essay question 3 3
Arguing persuasively in writing 4 4
Delivering oral presentation 2 3
From repeating the skills audit, I realise that I probably overestimated my skills in week 5. I feel that Ive really improved many of my research skills, particularly locating legislation, cases and journal articles. I found it really useful to watch each databases own instruction videos for tips and tricks to research effectively.
Im still not sure about structuring my research project/essay question. I dont feel like I have improved this skill much, as I actually found it more difficult than usual to come up with a topic statement/argument. I think this was partly because I researched too widely and found the topic really interesting, so wanted to make my topic broader than what was appropriate for an eight-minute presentation.
The area in which I think I have improved the most is in my presentation skills. I found the what to do and what not to do in a presentation task really helpful. I also did some of my own research into what makes a good presentation, and got some useful pointers from YouTube videos and TED talks. I found it useful to record myself a few times and look back at each recording critically, looking out for things that might distract the viewer.
Im going to be practising all of these research skills over the next couple of years of study still to go.
Reflective letterDear first year law student,
Im going to tell you a bit about my experience this term in studying the unit Legal Research. There are three main points that I think you should know:
This unit is really useful. Take it early on in your degree and try to make the most of it.
Manage it and move on.
Dont be too hard on yourself.
At the start of term, I looked over the course content and thought I got this. I knew my research skills were pretty good (thank you John Milburn in Statutory Interpretation) and that I could put an essay together quite well. But I had been sticking to what I knew, mainly using the database Jade to find cases, and only using the case citator LawCite. During this term, I have become proficient at using multiple different databases, locating cases, legislation, subordinate legislation, reports and journal articles. And its not just using these databases, but knowing how to use them effectively. Skills like which search terms to use and how to use connectors to narrow down the results of a search are skills which I now have, and will be invaluable for the rest of my degree, and indeed my career.
(And heres a tip within a tip download Zotero. This program is so simple yet so useful. It lets you download articles/documents/pdfs etc directly from your web browser, without having to rename them (they get saved under their titles), and you can choose your preference of where these files get stored. When they download to Zotero, they come with all their citation information. You can then easily arrange them into folders and subfolders and add notes, tags and key words. Or you can let the program choose the tags for you. You can then search using the tags or key words, so you can easily find an article that you wanted to come back to later. And if you sign in through Zotero online, you can access all your downloaded articles from a different computer, so you can even study when youre meant to be working! I wish someone had told me about Zotero earlier, but I thank whoever it was that included it in the week 5 study guide. Legend.)
When I suggest that you try to make the most of this unit, I mean you should try to get involved, attend the workshops, have discussions with your peers, listen to advice and keep up with the tasks. I know, easier said than done.
If theres one thing I wish I had done differently this term, it would have been to keep up with the workshop/portfolio tasks each week. I started off the term well, managing to keep up with the weekly content and attend the workshops. I got my first assessment in on time, did my week 5 portfolio task (project management plan) and started researching about prostitution, decriminalisation and different regulatory frameworks.
Then life got in the way.
My family came over to visit from the UK so study went on the backburner while we did touristy stuff and generally had fun. Then my house got broken into and my car was stolen. This caused a lot of stress. I got behind in my other units of study, so I focused on them, constantly trying to catch up but never quite getting there. To be frank, I let this unit slide. I still attended the online workshops, but I didnt keep up with the weekly tasks.
What I did do, though, was keep reading. I found the topic of decriminalisation of sex work really interesting. So I just kept reading. I knew I had to come up with a topic statement or question, but it was all so interesting and I couldnt decide what I wanted to focus on. So I just read some more. I think it was my way of procrastinating. In hindsight, I should have just cleaned the fans. Instead, I ended up reading so many articles and having so many pages of notes that I didnt know what to do with it all.
I think it was half way through week nine when I said to myself, get your sh!t together. I decided (or thought I had decided) on a topic question. I wrote an outline and I put together some arguments and counter arguments. Week 10 came around and in that week I think I changed my mind four times about what I was going to present on. The clock was ticking. I was super stressed.
Then I remembered what Wayne Jones (lecturer at CQU) had told us in Intro to Law. His motto was manage it and move on. In other words, stop worrying about it, get the task done, and move on to the next thing. It was his advice to use for completing a law degree. Just focus on one assessment, one subject, one term at a time. It will feel far less overwhelming. So with Waynes words in mind, I picked a topic statement (yep I managed it) and I moved on to the next task. It was such a relief.
My third bit of advice to you is dont be too hard on yourself. Im really bad at this. I find it far too easy to be down on myself and overly critical when I dont understand something or if somethings not perfect. I found that particularly with my presentation, when I recorded myself and watched it back, I wasnt happy with it. I thought I looked funny (weird funny not haha funny) and I moved around too much. So I practiced it again and again. It ended up ok, but sounding way too rehearsed.
Earlier on in the term when deciding my topic statement, if I had taken Waynes advice and managed it and moved on, I wouldnt be sitting here writing this letter only a few hours before the assignment is due. And if I had managed it and moved on when practising my presentation, it would have been a better, more natural, presentation.
For the rest of my studies, Im going to try hard to take my own advice. Im really going to try to keep up with weekly content and tasks, and not let myself get behind. Its not worth the stress.
A final piece of advice for you, first year law student: Maintain a good support network. Talk to people who know what its like to be studying and working and having a family. Talk to your fellow students they get it! And theyll probably be able to help you to manage it and move on.
Kindest regards,
Student
LAWS12072 Legal Research
