Review purpose

The key purpose of the review was to consider:

• the current and emerging issues in the sector; and 
• whether there is an ongoing need for industry specific laws to support fitness service providers and consumers.

Key points 

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.

Review finding

The review found the Fitness Industry Code of Practice is supported by industry and consumers, but should be updated. Since 2011, the Australian Consumer Law has been introduced and the industry has changed. For example, there has been growth in fitness services conducted outside of traditional gym facilities.

Final report

The final report recommended keeping the Fitness Industry Code of Practice with changes agreed to by the Minister in August 2019.

The goals of the reforms are:

• to support the evolving industry; 
• promote public confidence; and 
• provide appropriate consumer protection by setting out specific standards of conduct for suppliers.

The final report:

• identifies issues that were raised during the review;
• reports on stakeholder input;
• describes options for future regulation of the industry; and 
• makes recommendations.

Stakeholder consultation

A public consultation paper, Review of the Fitness Industry Code in Western Australia, was released on 2 July 2018 to obtain feedback from:

• fitness service providers; 
• consumers;
• industry associations; and
• other interested parties.

Feedback was received on the effectiveness of the existing Code of Practice and options for regulating the industry going forward.

Consumer Protection wrote to over 495 stakeholders inviting them to make submissions by outlining their views, responding to questions in the consultation paper or completing an online survey. 

A total of eight written submissions and over 200 survey responses were received and considered during the review.

A report summarising the outcome of the consultation was published on 20 September 2019.

Compliance

On 30 June 2019, the final report was certified by the Department of Treasury’s Better Regulation Unit as complying with the Government’s Regulatory Impact Assessment Guidelines.

Next steps

The updated Code of Conduct for the Fitness Industry commenced on 1 July 2021.

Downloads and resources

• The Fair Trading (Fitness Industry Code) Regulations 2020 (WA) published in 2020.
• Fitness Industry of Western Australia final report completed in July 2019 and released July 2020
• Fitness Industry Code of Practice Consultation Report September 2019 

More information

Fitness industry