Ambiguities in approaches to brothels: Disorderly Houses or commercial premises?

Environmental and Planning Law Journal

Volumn 20, Issue 6, 2003, Pages 445-458

  Crofts, Penny ^a  

^a UNIVERSITY OF TECHNOLOGY SYDNEY   (Australia)

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[No Author keywords available]

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EID: 84872737002     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (37)

1. The Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002, Sch 1[2], which commenced on 9 February 2003, changed the name of the Act.
2. Perkins R, "Working Girls" (Crime and Justice Series, Australian Institute of Criminology, 1991)
3. Egger S and Harcourt C, Prostitution in New South Wales: A Report to the Criminal Justice Commission Queensland (1991).
4. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1187.
5. Moore C, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 18 October 1995, p 1952.
6. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1062.
7. Gaudry, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 18 October 1995, p 1937.
8. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1189.
9. Moore C, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 18 October 1995, p 1952.
10. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1187.
11. Ratcliff I, "No Sex Please: We're Local Councils" (1999) 4 LGLJ 150 at 152-153.
12. Brothels Taskforce, Report of the Brothels Taskforce (NSW Government Printer, NSW, 2001) p 8.
13. Amorgas Holding Pty Ltd v Marrickville C [1998] NSWLEC 211.
14. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1188.
15. Southside Business Centre P/L v Rockdale City Centre [1998] NSWLEC 215 confirmed that the Disorderly Houses Act 1943 and Environmental Planning and Assessment Act 1979 have complimentary roles.
16. This reasoning was also applied in Bankstown CC v Joseph Attallah [1998] NSWLEC 228. Cowdroy AJ noted the absence of complaints about an existing brothel, and relied on this as one of the grounds in suspending an order against the brothel by 45 days.
17. Whelan P, Minister for Police, Second Reading of Disorderly Houses Amendment Bill, Hansard, Legislative Assembly, 20 September 1995, p 1187.
18. In Walsh v Bankstown CC (1997) 96 LGERA 62, Justice Cowdroy held that a brothel, within the ordinary meaning of the term, constituted a business.
19. DUAP, Council Circular-Planning Controls of Brothels (29 December 1995).
20. DUAP, Council Circular-Planning Controls of Brothels (16 July 1996).
21. Information regarding council policies relating to the sex industry is based on responses to letters sent to all councils in NSW between October 2002 and December 2002. In total, 69 out of 172 councils replied to requests for information.
22. Berrigan Shire, Blayney Shire, Bogan Shire, City of Botany Bay, Broken Hill City, Cabonne, Carrathool Shire, Coolamon Shire, Copmanhurst Shire, Cowra Shire, Dungog Shire, Deniliquin, Shire of Gunnedah, Inverell Shire, Junee Shire, Kiama, Kempsey, Narrandera Shire, Oberon, Port Stephens, Wakool Shire, Wellington, Yarrowlumla Shire and Young Shire Councils.
23. Brothels Taskforce, Report of the Brothels Taskforce (NSW Government Printer, NSW, 2001) p 8.
24. Canterbury City, Hawkesbury City, Hunters Hill, Kogarah, Ku-ring-gai, Lane Cove, Marrickville, Newcastle, North Sydney, Sydney City, Sutherland, Willoughby and Wollongong Councils.
25. Armidale Dumaresq, Auburn, Ballina Shire, Bankstown City, Blacktown City, Cessnock City, Fairfield City, Gosford City, Grafton City, Liverpool, Maitland, Mudgee, Nambucca, Ryde, Strathfield, Tamworth, Tumut, Wagga Wagga and Wyong Councils.
26. Harcourt C, "Whose Morality?" (1999) 18(3) Social Alternatives 32.
27. Brothels Taskforce, Report of the Brothels Taskforce (NSW Government Printer, NSW, 2001) p 16.
28. See eg Nicholls S, "Council Weighs Up DIY Brothels", The Sydney Morning Herald (21 January 2003) p 5
29. O'Rourke C, "Scepticism on Brothel Backdown", The Sydney Morning Herald (20 February 2003) p 8.
30. For further analysis see Crofts P, "Not in My Neighbourhood: Home Businesses (Sexual Services) and Council Responses" (2003) 9 LGLJ 10.
31. Ling Lai v Rockdale CC (unreported, NSW Land and Environment Court, Cr Watts, 2 June 2000), Turnbull Gp P/L v Mosman MC (unreported, NSW Land and Environment Court, Cr Bly, 8 December 1999).
32. Section 90 of the Environmental Planning and Assessment Act 1979 has been replaced by s 79C upon commencement of the Environmental Planning and Assessment Amendment Act 1998.
33. Dixon v Burwood C (2002) 123 LGERA 253 at [67].
34. Dixon v Burwood C (2002) 123 LGERA 253 at [47] quoting Commissioner Bly.
35. Perry Properties P/L v Ashfield MC (2000) 110 LGERA 345 at [23].
36. Dixon v Burwood C (2002) 123 LGERA 253 at [69].
37. Perry Properties P/L v Ashfield MC (2000) 110 LGERA 345 at [70].