SYDNEY councils are paying private detectives thousands of dollars to have sex with prostitutes so they can gather sufficient proof against illegal brothels.
Nine councils across Sydney have forked out $25,000 in fees to private investigators over the past three years.
The Sunday Telegraph has learned that Ku-ring-gai Council spent $7000 in the past month employing detectives to have sex with prostitutes.
Ku-ring-gai mayor Nick Ebbeck said the extreme measures were necessary to prove the businesses were illegal.
"We, like many other councils, have made a decision to pro-actively rid our community of these illegal brothels," he said.
"We have to employ private investigators to actually go through with the act and come up with reports that will suffice in a court process.
"On numerous occasions over numerous days and times they had to fulfil the act.
"The only difference between us closing down an illegal panel beating shop and a brothel is we must prove they are doing the act and this is where it gets interesting."
The evidence given by the investigators proved successful in shutting two brothels this month.
The council is now employing private investigators, at a cost of about $3500 a case, to look into at least five more premises.
The investigators provide an affidavit and a detailed account of the sexual transaction and occasionally a video recording.
In a graphic report obtained by The Sunday Telegraph, one detective claimed that premises at 100 Pacific Highway, Roseville, was charging $70 for a half hour "all inclusive full service".
"Once the sex was over I was told that if I came back next week I would only have to pay $60 for a half-hour sex (sic) instead of $70," the document said.
Concerns over the onus of proof were first raised five years ago.
But attempts to change the legislation in NSW parliament failed after the Labor Government voted against it.
At Willoughby Council, private detectives were paid $1500 for two visits to prostitutes at the one brothel this month.
Willoughby Council environmental services director Greg Woodhams said the council solicitor handled these investigations.
"Over the last couple of weeks we have successfully had a premises vacated on Willoughby Rd," Mr Woodhams said.
"The difficulty is gaining evidence to make a case to the Land and Environment Court.
"In each year, it could be potentially tens of thousands of dollars in private investigators and legal costs that councils have to bear," he said.
North Sydney Council has paid $4800 in investigators' fees to shut down three illegal brothels, with the third case due in the Land and Environment Court next month.
Sutherland Shire Council paid $800 for a private investigator to investigate an illegal brothel in October last year.
The Community Protection Closure of Illegal Brothels Bill was introduced by former Opposition leader John Brogden and debated in June, 2002, but failed under the Carr government.
Liberal MP for Goulburn Peta Seaton introduced a new version of the Private Member's Bill in 2003 but again it was defeated.
Opposition leader Peter Debnam told The Sunday Telegraph he would introduce legislation putting the onus of proof back on to brothel operators.
It has been revealed that nine councils in Sydney, Australia have paid AUD$25,000 in investigator's fees over the past three years in order to gather evidence against illegal brothels.

''The Sunday Telegraph'' has reported Ku-ring-gai council paying $7,000 worth of investigators fees in the last month. Mayor Nick Ebbeck said the investigations actually include having sex with prostitutes in order to satisfy courts.

"We, like many other councils, have made a decision to pro-actively rid our community of these illegal brothels," said Mr Ebbeck. 

"We have to employ private investigators to actually go through with the act and come up with reports that will suffice in a court process. 

"On numerous occasions over numerous days and times they had to fulfill the act."

Evidence gathered by investigators has been used to close down two brothels this month. The council is set to look at five more premises at a cost of around $3,500 per case. For the fee, the council is provided with a statement and a detailed account of the encounter. On occasion a video recording is provided.

Under New South Wales law, local councils have to bear the onus of proof when dealing with illegal brothels in the state's land and environment court.

Willoughby Council has also admitted engaging in the practice. According to ''The Sunday Telegraph'', investigators were paid $1,500 for two visits to prostitutes earlier in the month. Willoughby's Director of Environmental Services said the council solicitor managed brothel investigations. 

Speaking of the programme's success, Mr Woodhams said over the last "couple of weeks" they were successful in closing a premises on Willoughby Road. He said the difficulty was making a case before the court.

"The difficulty is gaining evidence to make a case to the Land and Environment Court," he said.

"In each year, it could be potentially tens of thousands of dollars in private investigators and legal costs that councils have to bear."

Other councils said to have engaged in the practice are North Sydney and Sutherland Shire.

There are a fair number of legally licensed brothels operating in Sydney which adhere to strict guidelines, however there are a number of unlicensed premises which also operate. 

The New South Wales opposition has introduced legislation twice in recent years to move the onus of proof from councils and onto brothel operators. Peta Seaton, Liberal MP for the Southern Highlands attacked the Labor government for voting against the legislation.

"I have put all the evidence that people will be looking at today on the record in Parliament in respect of these and other councils, but in the face of private detective's reports and all the information that's in the media, Labor still voted this down on two occasions," she said.

The legislation was voted down in 2002 and 2003 by the Carr-led government.

Premier of New South Wales since August 2005, Morris Iemma said he would encourage councils to seek changes from the government but stopped short of announcing his own proposition. 

"The enforcement of this area of the law is with councils," Mr Iemma said.

"If the Local Government Association or the councils have got a proposition they wish to put to the government that would ease their burden on cracking down on the illegal activity then I'm happy to consider that," Mr Iemma said.