Western Australian Numbered Acts Western Australian Numbered Acts After section 13
the following sections are inserted in Part 2
Division 1 —
“
13A. Refusal to take part in commercial
sexual act
(1) Despite anything
in a contract to take part in a commercial sexual act, a person may, at any
time, refuse to take part in, or to continue to take part in, a commercial
sexual act.
(2) The fact that a
person has entered into a contract to take part in a commercial sexual act
does not of itself constitute consent for the purposes of the criminal law if
he or she does not consent, or withdraws his or her consent, to taking part in
a sexual act.
(3) Nothing in this
section affects a right (if any) to rescind or cancel, or to recover damages
for, a contract for taking part in a commercial sexual act that is not
undertaken.
13B. Refusal to work as sex worker does not affect
entitlements
(1) A person’s
entitlements under the Workers’ Compensation and Injury Management
Act 1981 may not be lost or affected in any way by his or her being
capable of working as a sex worker if he or she refuses to do, or to continue
to do, that kind of work.
(2) In this
section —
“refuse” means refuse to take part in
commercial sexual acts in general, rather than a refusal to take part in a
particular commercial sexual act or at a particular time.
”.