Fitness Industry Regulation
The fitness industry is largely self-regulated. It is subject to some specific regulations across all jurisdictions in Australia but these regulations are mainly related to consumer protection laws and industry specific fair trading regulations, covering issues such as membership contracts, client care, standards of qualifications and standards of business practice, facilities and equipment.
In each State and Territory of Australia (except NT), an Industry Code of Practice has been developed by Fitness Australia in consultation with the relevant Department of Consumer Protection or Fair Trading. With the exception of VIC, TAS and NT, the Departments of Fair Trading are involved in the administration of the Code of Practice.
The Code of Practice is mandatory in the ACT, QLD and WA i.e. all industry businesses are subject to the provisions of the Code. In SA, part of the Code is mandatory and part is voluntary. In NSW, VIC & TAS, the Code of Practice is entirely voluntary. Businesses that choose to become Members of Fitness Australia also choose to be subject to the provisions of the Code of Practice, whether voluntary or not. These businesses choose to send a message to consumers that they abide by a certain set of industry standards that are embodied in the Code of Practice.
In all jurisdictions, Fitness Australia is recognised by the Departments of Fair Trading as the peak industry body and therefore, works with the Government on Code administration, compliance, review and complaints handling procedures. Therefore, in a largely self-regulatory environment, Fitness Australia is recognised by the government as the body responsible for setting industry standards of practice within business as they relate to consumer protection.
The purpose of the national registration scheme is to safeguard the health and interests of people that use fitness services. The registration scheme is largely based on the Australian Government approved National Industry Training Package, a set of nationally endorsed standards and qualifications for recognising and assessing the skills of practitioners in the fitness industry.
There are several standard vocations within the fitness industry, such as Gym Instructor, Group Exercise Instructor and Personal Trainer. The qualifications and other credentials required to practice these vocations and gain entry onto the Register are well defined by the Australian Government approved National Industry Training Package and the Register of Exercise Professionals. Professional registration provides consumers with a clear understanding that the professional who is delivering the service is appropriately credentialed to do so without the consumer having to have an understanding of the myriad of qualifications and certifications that can be undertaken and promoted by practicing fitness professionals, some of which can be gained in jurisdictions outside Australia. To maintain registration, exercise professionals are required to undertake a minimum level of continuing education to ensure that their skills and competency levels remain current.
Without professional registration, consumers would not be assured of the currency of skill and competence of a practising industry professional. The requirements for professional credentials for individuals who are delivering fitness services to the public are also linked through to the provisions of the Industry Codes of Practice.
Fitness Australia and the fitness industry have the opportunity to have input into the development of the competency standards that make up the vocational education and training package. However, Fitness Australia does not have any role in the regulation of the Registered Training Organisations (RTO’s) that deliver the training package and associated fitness qualifications/certifications.
On an international level, the Australian system of quality standards, accreditation, industry certification, credentialing, registration and self-regulation is considered to be far superior to many other jurisdictions and the industry has come a long way in a relatively short period of time. However, the system is not perfect and it does have its weaknesses.
Throughout 2012 and beyond, Fitness Australia will continue to examine the regulatory environment in which the industry operates and, with a continued commitment to innovation and quality improvement, and in consultation with the industry, government and other stakeholders, it will continue to develop and strengthen the system for the benefit of the industry and its customers.
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