Fitness Industry Code of Practice review
Consumer Protection is seeking feedback from fitness services providers, industry associations, consumers, and consumer organisations about a mandatory Fitness Industry Code of Practice.
Status: OPEN, closing date Monday 27 August 2018.
In Western Australia, the Fitness Industry Interim Code of Practice (the Code) under the Fair Trading Act 2010 (WA) contains rules applying to gyms, fitness centres, fitness instructors, and personal trainers.
The Code was last comprehensively reviewed in 2010. Since then, there have been significant changes in consumer law with the introduction of the Australian Consumer Law. Consumer Protection is reviewing the Code to ensure that it remains appropriate and necessary in the context of a rapidly expanding and diversifying fitness industry.
Current consultation phase
A Fitness Industry Code of Practice Review 2018 – Public Consultation Paper (the Paper) has been developed to assist you to provide comments and make submissions. The Paper explains each clause in the current Code and raises 33 questions about the regulation of the fitness industry for you to consider and respond to.
Consumer Protection is also interested in your feedback on:
- the different problems consumers and industry have faced when engaging in the fitness industry and how these problems have been resolved;
- whether the changing nature of the fitness industry requires adjustment to the scope and application of the Code; and
- whether there is still need for a specific Code regulating the fitness industry, given the introduction of the Australian Consumer Law in 2010.
Key points of the consultation
The Paper contains a detailed explanation of all the rules in the Code. The main rules include:
- who and what fitness services the Code applies to;
- the requirements for honesty and full disclosure when selling fitness services;
- what needs to be in a membership agreement;
- a 48 hour cooling off period for membership agreements;
- a 12 month limit on prepayment for membership agreements;
- how to handle requests to terminate a membership agreement; and
- how to handle complaints from clients.
Downloads and resources
- Fitness Industry Code of Practice Review 2018 – Public Consultation Paper
- Consumer Protection: Fitness industry guide to the Code of Practice
- Fair Trading (Fitness Industry Interim Code) Regulations (No. 2) 2017 (WA) – up to 30 June 2018
- Fair Trading (Fitness Industry Interim Code) Regulations 2018 (WA) – 1 July 2018 to 31 December 2018
Have your say
Your feedback will assist the Government to make decisions about the regulation of the fitness industry in Western Australia.
Review of the WA Fitness Industry Code
Department of Mines, Industry Regulation and Safety
Industry Regulation and Consumer Protection Group
Consumer Protection Division
Locked Bag 14
Perth WA 6850
Enquiries can be made by calling 1300 30 40 54 or email.
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