A Melbourne sex worker has resolved a discrimination case against two Australian financial service providers that will protect others in the sex work industry from falling victim to “debanking”, plaintiff law firm Maurice Blackburn says.
In 2022, self-employed sex worker Matthew Roberts applied for an Eftpos machine from Mint Payments but his application was refused because of his occupation.
In June last year, Maurice Blackburn filed an application on behalf of Roberts against Mint Payments and its acquirer First Data Merchant Solutions Australia.
This application, filed in the Magistrates Court of Victoria, alleged the companies had unlawfully discriminated against Roberts because of his occupation as a sex worker.
In Victoria, it is unlawful to discriminate against someone on the basis of their profession, trade or occupation. The Victorian parliament passed laws decriminalising sex work in 2022.
In late 2023, Mr Roberts agreed to resolve his discrimination claim on the condition that the two companies:
— will not restrict services offered to people because they are engaged in lawful sex work
— will consider any applications for services from people engaged in lawful sex work on their merits
— provide training to employees about their obligations under equal opportunity laws
Bridie Murphy, a senior associate in Maurice Blackburn’s social justice practice, said “the denial of financial services, often referred to as ‘debanking', has been a significant problem for sex workers.”
Murphy said the Equal Opportunity Commission in Victoria and AUSTRAC had made clear that AML/CTF laws need not inhibit the supply of financial services to sex workers.