Australian Sex Worker Wins De-Banking Legal Fight

MELBOURNE, Australia—A legal fight between a male sex worker in the Australian state of Victoria and a credit card payment processor has ended in a victory for sex worker's rights throughout much of the country. According to the Melbourne-based law firm Maurice Blackburn, sex worker Matthew Roberts successfully settled a legal dispute with Mint Payments and acquirer First Data Merchant Solutions Australia. A lawsuit was filed in the Magistrates Court of Victoria alleging that Mint and First Data discriminated against Roberts when he applied for a credit card terminal so that his clients could compensate him using their debit and credit cards. Mint denied Roberts' application due to the nature of his work, which led to a legal complaint. Victoria state law prohibits occupational discrimination against sex workers, especially in the form of "de-banking." De-banking is defined as "the act by a bank of closing someone's account because they are regarded as a risk legally, financially, or to the bank's reputation." State law was also amended in 2022 to decriminalize sex work across Victoria, reports Lawyers Weekly. Bridie Murphy, the Maurice Blackburn attorney who represented Roberts, said, "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." Roberts describes himself as a "self-employed" sex worker. He argued that not being able to access a means of cashless payment isolated him from his funds and other financial services. This is a problem for many sex workers who often fall victim to the whim of financial institutions that flag their accounts for potential illegal activity, like money laundering. “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," Roberts said in Maurice Blackburn's announcement of the victory. “This case is a timely reminder that it is unlawful to discriminate against someone because of their job," added Murphy. The case of Matthew Roberts is topical, given the ongoing challenges of professionals in the adult entertainment industry and commercial sex work in regard to having consistent access to financial services. Most places in Australia have a progressive view on sex work and decriminalization compared to virtually the entire United States, where sex work professions are either heavily scrutinized or completely outlawed.