Nance Haxton reported this story on Wednesday, August 8, 2012 08:26:00

TONY EASTLEY: In Queensland a fly-in, fly-out sex worker has overturned a ban and won the right to work from a motel.



The Queensland Civil and Administrative Tribunal has ruled that the owners of Moranbah's Drovers Rest Motel contravened the Anti-Discrimination Act when they stopped the woman from using the motel when they realised what she was doing.



The Accommodation Association of Australia has flagged it could appeal against the judgement because of the potential ramifications for motel owners throughout Australia.



With more on the story here's Nance Haxton in Queensland.



NANCE HAXTON: Business is booming in Queensland's coalfields but it's not only the miners who are flying in and flying out.



A Gold Coast based prostitute is now seeking thousands of dollars in compensation after successfully appealing a decision that stopped her from using a Moranbah motel as a base for her sex work.



The owners of the Drovers Rest Motel banned the woman, known only as GK in the judgement, from using their premises when they discovered she was bringing clients back to her room.



But the Tribunal has found that they breached the Anti-Discrimination Act.



Accommodation Association of Australia CEO, Richard Munro, says the decision has major ramifications.



RICHARD MUNRO: We see the main point here being that the responsibility of who stays or in fact doesn't stay at a property should rest with either the manager, the owner of a property. And you know the ultimate decision if the guest amenity is being disturbed that they should actually have that ability to make a decision.



NANCE HAXTON: So this decision potentially limits that?



RICHARD MUNRO: Obviously we don't condone any discrimination. But it does born the question whether or not someone can set up shop basically and stay for whatever period. So we think that that decision for anyone to stay any length of time or at all should rest with the owner or manger.



NANCE HAXTON: He says they are now considering an appeal and will ask the state and federal governments to legislate the right of motel owners to decide who can stay at their business.



RICHARD MUNRO: Our main concern is if someone's running a business and other guests make complaints they should have the ability to act upon that. And we believe that that decision should ultimately rest with the proprietor or licensee or manager of those premises.



NANCE HAXTON: So you'd argue it's not even really the sex work that's the problem here. It's the potential to disturb other guests that accommodation owners would like to keep control of.



RICHARD MUNRO: Sex work isn't illegal. And as long as it doesn't disturb other guests you know I don't think many people have a problem.



The problem is when someone sets up a business and operates it within another business. And you've got to think about this as if it's a Westfield and all of a sudden someone sets up a shop. You know, the owners should actually be able to have a say in that. That's our position.



TONY EASTLEY: Richard Munro the CEO of the Accommodation Association of Australia ending Nance Haxton's report.