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Sex worker wins ‘decade-long battle’ against debanking discrimination
A recent legal victory in Victoria has provided protection for those in the sex work industry from being unfairly denied banking services.
Grace Robbie
A Melbourne sex worker has successfully settled a discrimination case against two Australian financial services providers, with the resolution protecting individuals within the sex work industry from being unfairly targeted for “debanking”.
Last year, in June, national plaintiff firm Maurice Blackburn initiated legal action on behalf of Roberts by filing an application against Mint Payments and its acquirer, First Data Merchant Solutions Australia.
The application was filed in the Magistrates Court of Victoria and alleged that the companies had “unlawfully discriminated against Mr Roberts because of his occupation as a sex worker”.
Under the provisions of the Equal Opportunity Act 2010, it is unlawful to discriminate against an individual based on their “profession, trade, or occupation” in Victoria.
The Sex Work Decriminalisation Act 2022 recently amended this legislation to make consensual sex work legal in “most locations across Victoria”. It also ensured that sex work will now be regulated like any other industry, with oversight from agencies such as WorkSafe Victoria and the Department of Health.
Maurice Blackburn underscored that Roberts had agreed to settle his discrimination claim under the condition that the two firms:
- “Will not restrict services offered to people because they are engaged in lawful sex work.
- “Consider any applications for services from people engaged in lawful sex work on their merits.
- “Provide training to employees about their obligations under equal opportunity laws.”
“This is a great victory for Australian sex workers in our fight against financial discrimination.
“It marks a new chapter in our decades-long battle against the discrimination sex workers experience in every aspect of our lives,” Roberts said.
He added: “I hope this case will encourage policymakers to reform anti-money laundering laws so financial institutions can no longer use them as an excuse to deny services.”
Bridie Murphy, a senior associate in Maurice Blackburn’s social justice practice, emphasised the significant impact of debanking on individuals within the industry and its consequential effect on their businesses.
“The denial of financial services, often referred to as ‘de-banking’, has been a significant problem for sex workers.
“In an increasingly cashless economy, de-banking has serious implications for anyone who runs their own business, including sex workers,” she said.
She also said: “This case is a timely reminder that it is unlawful to discriminate against someone because of their job.”
