O’REGAN J and SACHS J
While there is no necessary correlation between the existence of harsh criminal law
provisions and effective control of prostitution, the impact of decriminalisation depends
on whether it was a random or planned process.
“Despite the romantic notion entertained in some quarters that all will be well with the
world of prostitution if only the criminal law is removed, the practical truth, it seems, is
that it will not. All of the opportunities for damage, abuse, and exploitation remain.”78
The material in the survey suggested that any system of regulation which might replace or
co-exist with criminal proscription required both considerable study and careful
development. A change in regulation would only be both legitimate and successful if it
reflected a genuine attempt to balance all of the interests involved; that of the community
in protecting itself from offensive or intrusive conduct; that of the prostitutes and
customers in having a safe and healthy environment in which to conduct their liaisons;
and that of the state in preserving legality and public order. The Commission concluded
that it was crucial to any planned and reasoned approach that both the political will and
resources be applied to allow a combination of long term social engineering and short
term legal control mechanisms to work.
78
Id at 508.
85
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