Melbourne sex worker resolves “debanking” discrimination case over denied EFTPOS machine

29 May 2024

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 Mr 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 Mr 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
• 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

Mr Roberts said:

“This is a great victory for Australian sex workers in our fight against financial discrimination.

“It marks a new chapter in our decades-long battle against the discrimination sex workers experience in every aspect of our lives.

“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.”

Bridie Murphy, a senior associate in Maurice Blackburn’s social justice practice, 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.

“This case is a timely reminder that it is unlawful to discriminate against someone because of their job.”

Media enquires:
Chee Chee Leung, Maurice Blackburn, 0412 560 584 or cleung@mauriceblackburn.com.au