Review of Regulation of the Fitness Industry: Decision Regulatory Impact Statement (final report) July 2019

A review of the Fair Trading (Fitness Industry Code of Practice) Regulations 2010 (WA) has been completed by Consumer Protection.

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.

Review finding

The review found that 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 recommends 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 eservice 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 drafting of an updated Code of Conduct for the Fitness Industry is currently being finalised. This code incorporates the recommendations made in the report. The final draft code will be provided to the Minister for approval under the Fair Trading Act 2010 (WA). It is proposed that the code will commence on 1 July 2021.

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More information:

Fitness industry

 

 

 

 

 

 

 

 

 

 

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