Moira Deeming’s Children in Brothels Motion

Members of parliament can make a proposal to the parliament to be voted on by other members of the parliament. This is known as a notice of motion. A notice of motion is not the same as a new law or bill. A motion is a broader ‘idea’ or proposal which usually lacks the detail of a new law or bill. Politicians have the chance to speak or debate the merits of each motion, and then vote on it. Motions are voted on by the parliament on most parliamentary sitting days. As an example, you can read a list of motions from a single day in parliament in 2026 here.

To read the debate of Moira Deeming’s motion, see pages 61–71 of Hansard for the Upper House for 23 September 2026.

Moira Deeming’s motion contains two clauses. Clauses 1 and 2(a)-(b) seek to change the language, but not the function of existing criminal laws. Some members of parliament believe the language of the law matters symbolically. In these clauses, Mrs Deeming is proposing stronger language be introduced into existing criminal laws, which would make it explicitly clear that children exploited in the sex industry are always victims. This is a stylistic proposal, as it would not change the penalties or the application of the law. It would only change the language used to describe crimes already in legislation.

Clause 2(c) of Mrs Deeming’s motion proposes inserting brand new offences. The debate in parliament on 23 September 2026 about this motion revealed confusion about what exactly is currently prohibited by Victorian criminal laws. There are three separate and distinct scenarios the law can apply to: (a) sexual exploitation of a child, (b) sexual activity in the presence of a child and (c) allowing a child to be present at a place where sex work occurs.

Sections 49Q, 49R, 53H, 53I, 53J and 53K of the Crimes Act 1958 prohibit children from being directly involved in the stripping or sex industries. It is a crime to pay a person under 18 for sex; sexual exploitation of children in the sex industry is a serious crime and has been prior to sex work being decriminalised. Clause 2 of Moira Deeming's motion does not seek to change these laws, as existing laws already outlaw child exploitation in the sex industry. 

Sections 49F, 49G, 49H and 49I of the Crimes Act 1958 define the crimes of sexual activity occurring in the presence of a child. In these sections, the sexual activity is not confined to the sex industry. Sexual activity, whether commercial in nature or not, must not occur in the presence of a child. The scenario of sexual activity occurring in the presence of a child is already a crime in Victoria.

Clause 2 of Moira Deeming's motion does not seek to change these laws, as existing laws already outlaw exposing children to sexual activity.

Section 38C of the Summary Offences Act makes it a crime to permit a child between the ages of 18 months and 18 years to be in a brothel, including in the rooms where sexual activity does not occur. Anywhere in the brothel premises the child is not permitted.

There is no law prohibiting a child under the age of 18 months being in a brothel. This is not new. Since 1994, Victoria’s previous sex work laws permitted children under the age of 18 months to be inside brothels. The law applying to this particular scenario did not change when sex work was decriminalised.

Moira Deeming considers this legal situation to be a dangerous legal loophole, which exposes babies to an unacceptable risk. Clause 2 of her motion seeks to close this legal loophole.

There are no existing criminal laws prohibiting a child under the age of 18 from being present in residential properties or hotels/motels where sex work occurs. ‘Present’ doesn’t necessarily mean the child is in the same room as where the sex work is occurring. The child could be in a room next door.

However, civil laws may apply to this scenario with Child Protection having the authority to take action against parents who allow children to be in residential properties where sex work occurs.

Moira Deeming considers this legal situation to be a dangerous legal loophole, which exposes children to an unacceptable risk. Clause 2 of her motion seeks to close this legal loophole.

Yes. Tasmania prohibits children from residential properties where sex work occurs (section 11 of the Sex Industry Offences Act 2005 (TAS)). Tasmania has not decriminalised sex work. Brothels are illegal in Tasmania, so there is no prohibition on children being in brothels in Tasmania.