Krausman v Parramatta City Council

9 On 2 July 2004 the Council determined to refuse the development application. The Applicant commenced these Class 1 proceedings in appealing against the Council's refusal of her development application. The Council served a subpoena on the Commissioner of Police requiring the Police to give evidence in these proceedings. Constable Hugh Perera gave evidence on behalf of the police in these proceedings.

Issue (a) - The Objection by the Police 10 The Council is arguing that this application should be refused on the basis of the evidence produced on subpoena from the NSW Police Service and the fact that the Police Service, as represented by Constable Perera, does not support this application. The Council argues that this evidence shows that: (a) because of her association with persons who have a criminal record and she is known to police as a result of activities which took place at another brothel she is involved in running, the Applicant is not an appropriate person to run this brothel. The Council submits that the evidence suggests that it is likely that the police will make an application to cease using the premises for unlawful activities pursuant to s 3 of the Restricted Premises Act 1943, were the Court to grant development consent in relation to this proposal. (b) a visit by police to another brothel which the Applicant was involved in running, found sex workers working in contravention of the conditions attaching to their visas, giving rise to concerns that similar events may occur at the premises the subject of the Applicant's development application should consent be granted.

11 The evidence relied on in support of these submissions was oral evidence from Constable Perera of the New South Wales Police Service in which he spoke to the documents produced by the Police Service in answer to a subpoena. The documents produced by the Police Service consisted of extracts from the Police Service's records in relation to the Applicant and included a report about a visit to a brothel where the Applicant was described as being present as the acting manager in circumstances where two workers were found to be working illegally in contravention of the conditions of their visas. Another police report produced in response to the subpoena indicates that the police attended a brothel where the Applicant was present and removed a person who was under 18 years of age from that brothel as it is illegal for a minor to enter a brothel.

12 The Applicant's counsel argued that no weight should be attributed to the police documents produced in answer to a subpoena as the incidents recorded therein were essentially hearsay at best. None of the evidence produced by the Police Service indicated that the Applicant has a criminal record or that any charges were laid by the police, or that a conviction resulted, in relation to the above incidents. Further, the Applicant submits that the character of an applicant for development consent is not a relevant consideration under s 79C of the EP&A Act as any development consent granted will run with the land and the Applicant may cease to be associated with the authorised use at any time.

Finding Issue (a) 13 The legal basis for the submissions by the Council's solicitor was said to be cases such as those I referred to at [24] to [27] of my decision in Dixon & Anor v Burwood Council [2002] NSWLEC 190 where I noted that the Court has recognised that a consideration of the effect on amenity of a particular development includes, in the widest sense, consideration of matters which transcend the physical to include intangible characteristics, such as atmosphere. However, I do not consider that the Council's submissions fall under this category of cases. Essentially what the Council is asking the Court to do in these proceedings is to apply a de facto "fit and proper person" test to the Applicant. While I have not been directed to any case by the Council where this issue has arisen directly for consideration in a planning case of this nature, I consider that such a test cannot come under the general heading of what is referred to as "amenity in the broad sense". I accept the Applicant's submission that, given that brothels are permissible with consent under the relevant planning instruments, the reputation of a person seeking development consent is not generally a matter for the Court to consider on a planning application of this nature.

14 On a practical level I do not consider it appropriate to have regard to the character of a particular applicant for development consent as part of the development assessment process as: (a) development consents operate in rem ; and (b) any legal entity, be it a natural person or a company, can apply for development consent as long as they have the consent of the owner of the land; thus it would be relatively easy for "notorious" people to have someone apply, on their behalf, for development consent to carry out any type of development. Indeed, it is common for architects, town planners and other representatives to lodge development applications on their client's behalf. If there is well founded community and police concern about brothels being a "magnet" for criminal activity, a licensing system whereby those who wish to own or manage a brothel must obtain a licence and be assessed as a "fit and proper" person before they can own or manage a brothel may be considered. Ultimately that matter is a question for the New South Wales government to decide. It is not appropriate that the planning system and, in particular, the development assessment process, be used to that end nor does the law allow it.

15 It is clear that the Applicant is well known to police given the reasonably substantial number of documents produced in answer to the subpoena. However, I note that apart from some traffic infringements, the Applicant does not have any criminal convictions and that there has been no complaints about the activities taking place at the premises the subject of the Applicant's development application since December 2003, when the Applicant's brothel commenced operating illegally.

16 Having said that, I do not think that the Court operates in a legal vacuum when considering planning matters so that, for example, the Court may not grant consent for an activity which was otherwise illegal under other non-planning laws even if it considered it was permissible under the planning laws. The Court should consider any evidence which suggests that use of the premises may possibly lead to criminal or illegal activity in deciding whether consent should be granted to a development application or conditions which are appropriately imposed in relation to such a development consent. The evidence from the Police Service relied on by the Council in these proceedings fails to indicate that, should the Court determine to grant consent to the Applicant's development application, criminal activity would be likely to take place at the brothel. The submission made by the Council's solicitor in relation to the possibility that the police might make an application under s 3 of the Restricted Premises Act 1943 is not borne out by the evidence of Constable Perera who stated that he does not know if such an application would be made. 17 Accordingly, I do not consider I should refuse this application in relation to Issue (a).

Issue (b) - parking 18 Parking was raised as an issue prior to the proceedings. However an amendment to the proposal to reduce the number of sex workers from six to four resolved this issue. The experts agreed that the three on-site parking spaces, one being for disabled persons, meets the requirements of Council's development control plan that contains a parking provision of one space per two workers. The proposal is for four sex workers plus a receptionist/manager. The Regional Environmental Plan sets a maximum standard with the objective to restrict supply to encourage public transport use. In the circumstances we accept the agreed evidence provided to the Court that the provision of off-street parking satisfies Council's requirements and therefore this issue would not warrant refusal of the application.

Issue (c) 19 The Council tendered in its case the letters of objection of two neighbours to the premises. The neighbours complained of parking difficulties resulting from the extra traffic they considered the business would generate and loss of property values. Apart from tendering these submissions the Council did not otherwise support the submissions with any evidence. Given what has been set out already in relation to parking in Issue (b) there is no basis for refusing this appeal on that basis. Loss of property values is not generally a relevant consideration taken into account in Class 1 appeals, and is also not a basis for refusal.

20 An immediate neighbour's letter was also tendered in which no objection was raised provided a 2m high paling fence between the two properties was constructed so that activity at the brothel would not be seen. This was not supported by the Council because such a fence was likely to create greater security risks at night. In the circumstances the Court does not consider the erection of such a fence is warranted as the only activity outside the brothel will be the parking of cars and people walking in and out of the brothel is unlikely to present in an unsightly way to the street such that it requires screening.

21 Accordingly, the Council has failed to establish any grounds on which the development application should be refused and consent should be granted subject to conditions.

22 In addition to those conditions provided by the Council, the Court considers a couple of additional conditions are warranted. The conditions refer to a Plan of Management, which is to be imposed by the conditions and this also needs some amendment in light of the police evidence. Additional conditions requiring the operator to ensure that workers who are not Australian residents are able to legally work and requiring proof of age are therefore included in that Plan.

23 The Court also raised concern about the safety of the sex workers in a brothel that is to operate 24 hours per day in an industrial area where there are no other businesses operating after hours in view of the comment in the Applicant's expert's statement of evidence, which follows: However in being otherwise deserted after hours, this street may be vulnerable to criminal activity (property theft and damage), and anti-social or criminal behaviour (such as drug dealing). The presence of this Brothel operating after normal business hours and with its first floor office windows overlooking Euston Street (as shown in the Plans at Attachment B), afford an opportunity for passive surveillance of an otherwise deserted street at night. In this way, the premises may operate to the public interest. 24 In the circumstances as a precautionary measure I have decided that it is warranted that a back to base security alarm system be provided on the premises and that there must be an hourly patrol by a security company between the hours of 8pm and 6am. Such a condition is incorporated into the required Plan of Management.

Orders 25 The Court makes the following orders:

1. The appeal is upheld.
2. The Development Application JL/2176/2003 submitted to Parramatta City Council, as amended, for the internal alterations and use of 12 Euston Street, Rydalmere as a commercial brothel is granted a deferred commencement consent subject to the conditions in Annexure A.
3. The exhibits with the exception of exhibits 3, A and C may be returned.

WEI KRAUSMAN v PARRAMATTA CITY COUNCIL Appeal no 10494 of 2004 ANNEXURE A CONDITIONS OF DEVELOPMENT CONSENT

PART A - Deferred Commencement

1. Pursuant to the provisions of s 80(3) of the Environmental Planning and Assessment Act 1979, the development application be granted a Deferred Commencement Consent subject to the following: (a) Submission to Council of an application for a Building Certificate under s 149B of the EP&A Act within 30 days for that part of the premises the subject of the development application for a brothel; and (b) Council issuing a Building Certificate for the existing works in that part of the premises the subject of the development application. The above must be to Council's satisfaction and it is only on the issue of the Building Certificate that the consent for the use of the premises as a brothel in Part B can take effect. PART B Pursuant to the provisions of S.80(3) of the Environmental Planning & Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following: Submission to Council of an application for a Building Certificate within 30 days. Upon the issue of the Building Certificate a full consent with be issued subject to the following conditions: General Matters
2. The development is to be carried out in compliance with the following plans listed below and endorsed with the Land and Environment Court stamp and in accordance with the Statement of Environmental Effects by John Boers Consulting dated December 2003, except where amended by other conditions of this consent: 2.1 Floor Plans, No.2597-2-C by Buildsolve, dated 1 September 2004, and 2.2 Site Plan, No.2597-1-B by Buildsolve, dated 21 April 2004.
3. This consent does not cover any works that have already been carried out. Reason: Consent cannot be issued for works that have already commenced.
4. All building work must be carried out in accordance with the provisions of the Building Code of Australia. Reason: To comply with the Environmental Act Planning and Assessment Regulations.
5. Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to reflect the conditions of this Development Consent.
6. Demolition work shall be carried out in accordance with Australian Standards AS 2601-1991 Demolition of Structures and the requirements of the NSW WorkCover Authority. Reason: To ensure appropriate demolition practices occur.
7. The proposed development is to comply with the regulations and guidelines of the New South Wales Health and WorkCover New South Wales in regard to the operation of Brothels. Reason: To comply with the relevant guidelines and regulations. Prior to the issue of a Construction Certificate (Note: Some conditions contained in other sections of this consent (including prior to occupation/use commencing) may need to be considered when preparing detailed drawings/specifications for the Construction Certificate.)
8. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to "Your Business" section of Sydney Water's web site at http://www.sydneywater.com.au then the "e-developer" icon or telephone 13 20 92. Following application a "Notice of Requirements" will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be timed consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. Reason: To ensure the requirements of Sydney Water have been complied with.
9. The provision of disabled access for the ground floor consulting room of the development is required and shall be in compliance with the Building Code of Australia Part D3 "Access for People with Disabilities" and Australian Standard AS1428.1 (2001) - Design for Access and Mobility - Part 1 General Requirements for Access - Buildings. This requirement shall be reflected on the Construction Certificate plans. Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
10. A total of 1 car-parking space for disabled persons shall be provided as part of the total car-parking requirements. Consideration must be given to the means of access from the car-parking spaces to adjacent buildings, to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be prepared in consideration of, and construction completed in accordance with Australian Standard AS2890.1 to achieve compliance with the Disability Discrimination Act 1995, and the relevant provisions of AS1428.1 and AS1428.4. Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
11. The following plan amendments are to be included on or addressed by any Construction Certificate relating to the approved development: (a) The provision of obscure glazing to all consulting rooms shall be provided. This requirement shall be reflected on the Construction Certificate plans. (b) Ensure the maximum travel distances to an exit do not exceed BCA requirements. (c) All exit doors are to open and swing in the direction of egress, excluding the door onto the stairway from the ground floor consulting room. (d) Ensure disabled access to the entry point of the disabled (ground floor) bedroom and entry point complies with the requirements of the BCA Reason: To protect the privacy of adjoining neighbours, to ensure public safety and to comply with BCA requirements. Reason: To certify existing works.

Prior to Work Commencing 12. A minimum of five (5) working days prior to any demolition work commencing a written notice is to be given to Parramatta City Council and all adjoining occupants. Such written notice is to include the date when demolition will be commenced and details of the principal contractors name, address, business hours contact telephone number, Council's after hours contact number and the appropriate NSW WorkCover Authority licence. Reason: To protect the amenity of the area. 13. Prior to demolition commencing, either the Principal Certifying Authority or Council's building surveyor must inspect the site. Should the building to be demolished be known or suspected by reason of the buildings age or otherwise to be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until the PCA or/and Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council's current fee schedule. Reason: To ensure proper handling, storage, transport and disposal of asbestos materials. 14. Demolition works involving the removal, repair, disturbance and disposal of a total surface area (not floor area) of 200 square metres or more of bonded asbestos material must only be undertaken by contractors who hold the appropriate NSW WorkCover Authority licence(s) and approvals. Reason: To comply with the requirements of the NSW WorkCover Authority. 15. On demolition sites where buildings are known to contain bonded or friable asbestos material, a standard sign containing the words 'DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400mm x 300mm is to be erected in a prominent position on site visible from the street kerb. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site. Advice on the availability of these signs can be obtained by contacting the NSW WorkCover Authority hotline or the website ww.workcover.nsw.gov.au. Reason: To comply with the requirements of the NSW Workcover Authority 16. The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected. Reason: To ensure public safety. 17. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:- (e) Stating that unauthorised entry to the work site is prohibited; (i) Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and (ii) Showing the name, address and telephone number of the Principal Certifying Authority for the work. (f) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. (g) This condition does not apply to building works being carried out inside an existing building. Reason: Statutory requirement. 18. Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must: (h) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and (i) Notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two (2) days notice is required). The Principal Certifying Authority must determine when inspections and compliance certificates are required. Reason: To comply with legislative requirements.

During Work 19. Building work may only be carried out six (6) days a week, Monday to Friday between the hours of 7.00am to 8.00pm and Saturday 8.00am to 8.00pm. No work is permitted to be carried out on Sundays or Public Holidays. Reason: To protect the amenity of the area. 20. Demolition works involving the removal of asbestos material may only be carried out six (6) days a week, Monday to Saturday between the hours of 7.00 am to 6.00 pm. No work is permitted to be carried out on Sundays or Public Holidays. Reason: To protect the amenity of the area. 21. A copy of this development consent, stamped plans and accompanying documentation is to be retained for reference with the approved plans on-site during the course of any works. Appropriate builders, contractors or sub-contractors are to be furnished with a copy of the notice of determination and accompanying documentation. Reason: To ensure compliance with this consent. 22. Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority's Environmental Noise Manual and the Protection of the Environment Operations Act 1997. Reason: To protect the amenity of the area. 23. Noise emissions and vibration must be minimised where possible and work is to be carried out in accordance with Environment Protection Authority guidelines for noise emissions from construction/demolition works and must also comply with the provisions of the Protection of the Environment Operations Act 1997. Reason: To ensure residential amenity is maintained in the immediate vicinity. 24. All bonded and friable asbestos waste material on-site shall be handled and disposed off-site at an Department of Environment and Conservation licensed waste facility by an DEC licensed contractor in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 1996 and the EPA publication Assessment, Classification and Management of Liquid and Non-Liquid Wastes 1999 and any other regulatory instrument as amended. Reason: To ensure appropriate disposal of asbestos materials. 25. The contractor must submit to Council and the PCA, copies of all receipts issued by the DEC licensed waste facility for bonded or friable asbestos waste as evidence of proof of proper disposal within seven (7) days of the issue of the receipts. Reason: To ensure appropriate disposal of asbestos materials. 26. Dust control measures shall be implemented during all periods of earth works, demolition, excavation and construction in accordance with the requirements of the NSW DEC. Dust nuisance to surrounding properties should be minimised. Reason: To protect the amenity of the area. 27. The premises shall be ventilated in accordance with the requirements of the BCA. A Compliance Certificate is to be submitted to Council certifying that the system has been installed in accordance with the approved details and that the system is operational.

Prior to the issue of an Occupation Certificate/Subdivision Certificate/Use Commencing 28. All water fixtures to be installed are to be rated to AAA standard. Certification demonstrating compliance must be submitted to the certifying PCA prior to the release of the occupation certificate. Reason: To minimise future water consumption and ensure compliance with Parramatta Development Control Plan 2001. 29. If a Private Certifier is appointed to certify construction works Council's Development Unit shall be notified in writing within 7 days following commencement of the approved use and/or occupation of the development so that an inspection can be undertaken by Council to ensure compliance with this Consent. Note: Be aware that the issuing of an Occupation Certificate by a Principal Certifying Authority does not mean that this consent is complied with and that Council cannot take any further action in regard to compliance with this Consent (refer to the Environmental Planning and Assessment Act and Regulation). Reason: To ensure that this Consent is complied with. 30. Occupation or use, either in part of full, shall not to take place until an Occupation Certificate has been issued. The Occupation Certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with. Where Council is not the Principal Certifying Authority, a copy of the Occupation Certificate together with registration fee must be provided to Council.

The Use of the Site 31. The hours of operations are 24 hours, seven (7) days a week. Any alterations to the above will require further development approval. 32. No advertisement shall be erected on or in conjunction with the development without prior development consent unless the advertisement is 'exempt development' under Council's Exempt and Complying Development DCP. 33. The operation of the premises shall be in accordance with the amended Plan of Management prepared by John Boers Consulting dated August 2004 and amended by the Court as attached in Appendix 1. Reason: To ensure the satisfactory operation of the premises. 34. Emission of sound from the premises shall be controlled at all times so as to not unreasonably impact on nearby owners/occupants. Reason: To protect the amenity of the local area. 35. The approved development shall, at all times, be conducted in a manner consistent with the terms and conditions of this consent. Reason: To comply with the consent. 36. All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create offensive odours or give rise to potential pollution. Reason: To protect the amenity of the local area. 37. A maximum of 4 (four) sex workers, 1 (one) receptionist, and a part time contract cleaner shall be on the premises at any one time. 38. Any waiting room shall not be used as a consulting room and shall not contain any bedding or shower facilities. 39. The sex workers rest room shall not be used as a consulting room and shall not contain any shower facilities. 40. Three (3) on-site car parking spaces shall be provided for the exclusive use of the Brothel. 41. The owner/operator shall make the necessary arrangements to provide a security back to base alarm system, and security surveillance of the premises between the hours of 8pm and 6am each day by regular patrol at the minimum of one hourly intervals.

in consultation with the Receptionist of the premises

TABLE OF CONTENTS INTRODUCTION 20 DESCRIPTION OF SUBJECT PREMISES 20 Business Receptionist 20 Building Owner 20 Management Details 20 Services and Facilities 20 Hours of Operation 20 GENERAL OBJECTIVES 21 STAFF 21 Receptionists Roles and Responsibilities 21 Contract Cleaner 22 Cleaning of Premises 22 IMPLEMENTATION OF PLAN OBJECTIVES 23 Assurance of Staff legal entitlement to work 23 Assurance of the Hygiene of the Premises 23 Harm Minimisation 23 Safe Sex Policy and Availability of Safe Sex Products 24 Safety and Security 25 Restricting Access to Minors as Clients 26 Illegal Activities on the Premises 26 Control of Anti Social Behaviour 27 Management of Waste 27 Maintenance and Repairs 27 Liaison 27 Code of Conduct of Sex Workers 28 Emergency Procedures 28 Occupational Health and Safety Policies and Procedures 28 Lighting 29 Copy of Management Plan 29

This Plan of Management accompanies approved plans and conditions of consent for the subject premises. Its scope is limited to all aspects of the operation and management of the premises, to ensure that it achieves the general objectives set out below.

Business Receptionist Messrs Krausman- Wei C/o- 12 Euston Rd, Rydalmere

Building Owner Mr. Abdullha Maroun 5 Mills St, Glenhaven. 2156

Management Details Messrs Krausman- Wei C/o- 12 Euston Rd, Rydalmere

The services offered include relaxation and erotic/ full body massage services.

The premises contains four consulting rooms (including one accessible for the disabled), a waiting room, restroom, reception area, internal laundry and storage spaces.

The premise operates 24 hours a day, seven days per week

a) the continued health and safety of all employees and clients of the premises at all times b) that all staff on the premises are legally entitled to work on the premises c) the provision of Patron Information on safe sex d) that the premises are operated discretely e) that the premises operate with minimal impact upon the surrounding area f) the Presentation Maintenance and Repairs of the premises g) the Cleanliness of premises h) the Safety and Security of the premises i) Restricting Access to the premises j) Control of Illegal Activities on the premises k) Control of any Anti Social Behaviour on the premises l) Updating and carrying out of Emergency Procedures m) Occupational Health and Safety Policies and Procedures are adhered to

The premise employs a maximum of 4 sex workers on site at any one time.

In addition, there is one support staff being a receptionist and a weekly contract cleaner (as ancillary staff).

The Receptionist has overall responsibility for ensuring that the premises achieves the objectives set out in this plan above, and in accordance with any conditions of development consent and approved plan of management and strategies contained therein.

The Receptionist is responsible for the overall management of the premises and overseeing the implementation of all policies and procedures, the recruitment, training and supervision of staff, and whose roles and responsibilities include:

· The assurance that all staff on the premises are legally entitled to work · Upholding and implementing all policies and procedures set out in this plan with particular reference to monitoring underage access, illegal activities and difficult and/or anti-social or violent behaviour · Monitoring of the stairway entrance to the premises · Communicating with police, emergency services and security provider as required · Overseeing emergency procedures for evacuation in the case of fire or other emergency · Induction and supervision of all personnel · Staff rosters · Education and training of all personnel · Resolving any issues of conflict · Oversight of all health, safety and security measures · Oversight of cleaning and maintenance · Regular evaluation of the premise for maintenance, repairs and replacements · Implementation of EEO requirements, NSW Health and WorkCover NSW requirements and regulations · Oversight of stocktaking with particular reference to ensuring a well stocked supply of condoms and lubricants and other safe sex products · Oversight of maintenance of incident and accident/injury registers · Distribution of condoms and lube in all sexual activity area · Placement and maintenance of safe sex and related posters and reporting damage and/or removal to the Receptionist · Spot cleaning on an hourly basis and more frequently if required · Changing of sheets and towels in rooms after each service · Laundering of sheets and towels · Emptying of waste baskets in the rooms after each service · Cleaning and disinfecting of the staff and client bathrooms after each use, and its disinfection with bleach to prevent the spread of fungal infections. · Maintenance of cleaning schedules and spot cleaning checklist · instruct staff in case of an emergency and/or evacuation of the premise

The premises engages the services of a contract cleaner on a once weekly basis, whose role and responsibilities include:

· A thorough once weekly cleaning and disinfecting of work areas and bathrooms in the premises to ensure the premise is kept in a clean, hygienic and safe condition that will reduce the number of micro-organisms found in dirt, dust and body fluids and substances

· Demonstrated understanding of the premise occupational health and safety policies and procedures including cleaning procedures and products, maintenance, storage and replacement of cleaning products and equipment

The cleaning must ensure that that dirt, dust and any body fluids and substances are collected and removed and not simply distributed. All sanitary facilities and surfaces in sexual activity areas are cleaned first with neutral detergents and any bleach or disinfectants are used strictly in accordance with the manufacturer's instructions.

All equipment used for mopping including mop and bucket are to be cleaned with warm water and detergent after use and the equipment is then stored to dry with buckets placed upside down and mop heads supported off the ground. Cloths used for cleaning sanitary facilities and surfaces in the sexual activity areas are disposed of after use.

The client waiting area is to be vacuumed and dusted and the staff waiting area, entrance and stairs, laundry, kitchen, and balcony are to be thoroughly swept and mopped, and left in a tidy state.

Warning signs are posted in areas where floor surfaces may be damp and/or slippery during and after floor cleaning activities.

All personnel including contract cleaners are required to wear gloves when performing any cleaning duties and are advised to wash hands firstly with gloves on and again after removing gloves. Other occupational health and safety issues in respect to cleaning are provided for in the occupational health and safety training program.

The above Plan objectives will be achieved via the following in house management policies and procedures.

Upon contracting with or recruitment of any staff operator must confirm that the employee/contractor has either Australian citizenship or the lawful right to work in Australia.

All staff shall provide proof of age of at least 18 years.

A clean towel shall be placed on the massage table and changed after each service. The massage table shall be wiped and disinfected after each client.

All bed linen shall be replaced on beds after each client. All linen shall be washed in water at least 70 degrees celsius, and with a sterilising additive added to the wash.

Particular attention is to be given to spot cleaning during peak hours and during busier days/nights of operation. The sexual activity areas are constructed of durable and impervious materials to enable better cleaning of the premise.

All clients will be briefed before any services that the use of condoms is mandatory, otherwise service will be refused.

Safe sex information will be prominently displayed in the client waiting area and in all work rooms.

Prior to engaging in any full body massage or sexual service, the client will be inspected by a sex worker for obvious signs of sexually transmitted disease. If the client shows the presence of infection or discloses same, the service will not proceed.

Ample supplies of condoms, dental dams, lube, and other necessary safe sex equipment shall be made available by the house free of charge at all times in all rooms. Ample clean towels shall be made available in all rooms at all times.

· Safe sex products including condoms, lube, dental dams and disposable gloves are stored in a secure area and restocked regularly. · Condoms and lube are provided close to and easily accessible from all sexual activity areas · Liquid soap and hand dryers are located in all bathrooms and hand washing areas · Instruction on safe cleaning procedures particularly in the case of blood or body fluid and body substance spills · Instruction on infection control in all cleaning processes in order to minimize the transmission of infective agents · An accident/injury register is kept on the premise and maintained by the manager or his designee · Up to date information is provided for personnel on relevant occupational health and safety issues, safe sex, sexually transmitted infections and blood borne infections · Personnel are encouraged to avail themselves of free immunization against Hepatitis A & B · CPR procedures are in place on the back of all bathroom doors, in the reception area and in the sexual activity areas · Adequate lighting is used for cleaning and to illuminate safe sex and management policy information and the location of condoms and lube in all sexual activity areas · Safe sex posters and other information campaign material is displayed throughout the premise · Management liaise regularly with Sex Workers Outreach Project (SWOP) staff to ensure an adequate supply of safe sex and related literature · Smoking is not permitted anywhere on the premises

Safe Sex Policy and Availability of Safe Sex Products

Management supports and encourages safe sex and other harm minimization practices and provides free of charge the following equipment and products:

· condoms and water-based lube are available free of charge and easily accessible in all work rooms · variable size condoms are available on request · dental dams and disposable latex gloves are provided on request The management policy on safe sex and other harm minimization practices is prominently displayed in the reception area and in all sexual activity areas. The policy contains the following:

Management supports and encourages safe sex and other harm minimization practices and provides condoms and lube free of charge

The entrance to the premises shall remain fully illuminated after dark during all times of operation of the premises.

The internal access stair shall be monitored under closed circuit video surveillance.

All work rooms will contain a wireless intercom system with a 'panic button', in order to receive an immediate response to an emergency or to a problematic client. There shall be a central intercom receiver located at reception.

A back to base security system and regular nightly security patrol between 8 pm and 6am (on the basis of a minimum of one patrol per hour) will be provided to the premises. Should security assistance be required, then the receptionist will contact the security firm that must be engaged under sub contract to the premises for 24 hours per day, 7 days per week.

In addition, the following procedures will be implemented:

· Fire and other emergency evacuation plan. All personnel are trained in emergency evacuation procedures · Emergency services number is coded into the telephone for easy access to Police and other emergency services · Fire extinguishers, smoke detectors, exit signs and emergency serviced regularly (as assured by an annual Form 15A certificate). All personnel are familiar with the use of the fire extinguishers · Training is provided in dealing with difficult or intoxicated patrons and customers and in preventing under age access · Good lighting for security purposes is located at the entrance and stairways to the lower ground and first floor · Counter staff maintain the premise incident book and accident/injury register. Any breach of security or related episode is entered into the incident book and reported to the manager. The incident book is to be provided to police if and when requested.

The Management Policy on restricting access is prominently displayed at the satisfaction of Council. The Policy contains the following information:

Restricted area persons under 18 years of age may not enter Signed Management

The standard identification procedure used for restricting underage access when the age of a person is questionable includes the following:

· Requesting photo ID or other acceptable ID · If age is verified and is acceptable, the individual is permitted entry · If age is verified to be under 18, the individual will be denied access and escorted to the front door · If in any doubt about the age, even with photo ID, the individual will be refused entry

If an individual is denied entry, they will be requested to leave the premise in a quiet and orderly manner.

The Management Policy on illegal activities including the sale, use and supply of illicit drugs and/or intoxicated behaviour on the premise is prominently displayed at the entrance and in the reception area of the premise. The Policy contains the following:

Illegal activities including the sale, supply and/or use of illicit drugs on the premise is strictly prohibited. Anyone visibly affected by alcohol or drugs is not permitted entry The Management shall report any illegal activity to the Police Signed Management

Any personnel found involved in any illegal activity will be dismissed immediately. Any visitors found involved in any illegal activity will be instructed to leave the premise immediately.

Prevention of anti-social behaviour is the first course of action. Visitors are either personally asked to restrain their behaviour. Any client that appears aggressive, severely affected by alcohol, under the affects of drugs or otherwise suspicious will be politely refused entry and requested to leave the premise. Staff attend to the matter in as diplomatic a manner as possible. In the event a person refuses to leave the premise, the Police will be called immediately.

All personnel are instructed in how to deal with difficult people and how to summons assistance if and when required. In the event of an incident occurring within the premise all personnel are instructed never to escalate the situation but to wait at all times for the Police.

Plastic lined bins shall at all times be available in all work rooms for the disposal of condoms, dams, tissues, etc. They shall be emptied into a designated clinical waste bin after each service

The clinical waste bin will be replaced weekly or more frequently if necessary. The bins will be provided by a clinical waste contractor, and stored securely.

Staff and contract cleaning personnel report to the manager on any property damage and/or obvious signs of wear and tear. The manager undertakes quarterly evaluation of the premise for maintenance, repairs and replacement purposes which include:

· All paint finishes. Any paint used will be of a wash and wear product · Tiling in bathrooms, around hand washbasins and in staff tea and coffee making area. Any chipped or broken tiles will be replaced · Floor coverings. All floor coverings will be kept clean and replaced when worn. · Mattresses will be repaired or replaced as required · Furniture and fittings. These items will be repaired or replaced as required.

The premises shall remain in continual contact with the Sex Workers Outreach Project (SWOP) and the Aids Council of NSW (ACON) in order to continually participate in the outreach programs of both organisations.

Staff and/or representatives of both organisations shall be allowed unimpeded access to the premises at any time.

When sexual services are requested, sex workers will at all times practice safe sex with all clients.

Staff at no time and under no circumstances shall solicit or displayed for customers outside of the premises. Any such behaviour shall lead to immediate dismissal.

All personnel are trained in emergency procedures as part of ongoing personnel training including familiarity with fire exits and position of fire extinguishers throughout the premises. In the event of fire or other emergency requiring evacuation of the premise, the manager and/or the counter staff will implement fire evacuation procedures. All persons will be removed from the premises immediately. The manager or the counter staff will report the fire or other emergency immediately to the appropriate emergency service via the pre-coded number in the telephone.

Training includes induction and refresher training on a range of issues including management policies and procedures and occupational health and safety policies and procedures. The ACON handbook including information on HIV, STI's, hepatitis, PEP, and drug and alcohol issues will be used as a complimentary training aid.

Occupational Health and Safety Policies and Procedures

· Information on transmission of HIV, STIs, hepatitis A, B and C and other blood borne pathogens and infective agents · Information on post exposure prophylaxis (PEP) · Referral information for immunization against hepatitis A and B · Information on sexual health clinics and related HIV/AIDS information and support services · Use and maintenance of workplace accident/injury register and procedures for reporting · First aid following contact with a body fluid, body substance or needle-stick injury, reporting mechanisms and medical follow up · Cleaning requirements and practices including infection control and safety procedures · Use and maintenance of cleaning schedules including spot cleaning checklist · Assessment of property damage and general wear and tear and reporting processes · Information and overview of ACON training opportunities

The entrance and stairway are to have adequate lighting maintained, which complies with Australian Standard AS 1680.

In areas where safe sex information is provided and sexual activities may occur, lighting is of a sufficient level to perform preliminary client health checks (for signs of STI"s).

A copy of this Management Plan must be publicly available and kept on the premises at all times. A copy must also be given to all employees and sex workers before commencing work or a contract at the premises.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.