Complaint & Appeals Procedure
AUSactive Complaint, Appeals and Disciplinary Procedure
AUSactive is committed to excellent customer service and continuous improvement.
Purpose
This procedure has two main purposes — to:
- establish a transparent process to respond to the complaints raised by individuals associated with the provision of fitness services promptly, empathetically and fairly.
- satisfy AUSactive Registered Professionals and the public that the professional standards AUSactive aims to implement are being upheld by fitness professionals.
Registration and/or accreditation with AUSactive is binding and requires acceptance of the AUSactive Code of Ethical Conduct (‘Code’) and Scope of Practice for Professionals. The Code and Scope of Practice establishes a standard against which professional practice and behaviour of AUSactive Registered Professionals may be assessed.
AUSactive has no legal jurisdiction over any Professionals in Australia; however, by acceptance of registration and membership, or by seeking and obtaining accreditation with AUSactive an individual agrees to accept and be bound by the Scope of Practice for Registered Professionals, Code of Ethical Conduct and this Complaint and Disciplinary Procedure.
If a process is commenced under the terms of this procedure each member registered or accredited with AUSactive shall at all times:
- co-operate with the Chief Executive Officer and the Health & Fitness Industry Standards Council by providing, within a reasonable time after it has been requested, a response to any complaint all information and documentation sought; and
- comply with any sanctions approved by the Health & Fitness Industry Standards Council in response to any proven complaint.
It may be a breach of the Code to refuse or neglect to respond, or to respond untruthfully, improperly, or in an untimely manner, to any request for a response or for any information or documentation sought, or to refuse to comply with any imposed sanction.
Procedure
If an individual/group wishes to lodge a formal complaint against an AUSactive Registered Professional the following steps must be followed:
- Complaint lodged: A formal complaint must be lodged via AUSactive form.
- Follow Complaints Process (below): If required, refer to the Disciplinary Procedure (below)
- Document outcomes: A written account of outcomes must be detailed and noted on AUSactive Registered Professional’s account.
For Consumer Complaints that are surrounding contracts the ACCC reccomends the following steps are taken.
- Step 1 – Contact the seller or service provider
- As soon as possible, contact the business to explain the problem and the outcome you want. In many cases a simple phone call or visit can fix the problem.
- The business might ask you for proof of purchase and discuss whether it is a minor or major problem to determine a repair, replacement, or refund.
- It is a good idea to write a complaint letter—that way, the seller is clearly aware of the problem and what you want, and you also have a record of your contact.
- Step 2 – Contact the ACCC or another third party
- If you are still having difficulty resolving a problem, you may want to seek assistance.
- The best place for where to go for consumer help will depend on your circumstances.
- If you are still having difficulty resolving a problem, you may want to seek assistance.
- Step 3 – Take legal action
- Consider getting independent legal advice about what options are available and suit your circumstances. Your local community legal centre, legal aid office, or your lawyer could give you some advice.
- You may be entitled to take your complaint to the small claims court or tribunal in your state or territory.
- For disputes involving large sums of money, you may be able to take private legal action. Make sure that you get legal advice first, as legal action can be expensive and there is no guarantee that you will be successful.
Complaints Process
| We acknowledge: | Within three business days of receiving a complaint, we will acknowledge receipt of the complaint. |
| We review: | We undertake an initial review of the complaint and determine what if any additional information or documentation may be required to complete an investigation. We may need to contact the complainant to clarify details or request additional information where necessary. |
| We investigate: | We will investigate the complaint objectively and impartially, by considering the information provided to us by the complainant and any other information which may be available, that could assist us in investigating the complaint. |
| We respond: | Following our investigation, we will notify the parties of our findings and any actions we may have taken in regards to the complaint. |
| We record: | We will record your complaint for continuous improvement process and monitoring. |
Disciplinary Procedure
AUSactive has the power to register, appropriately sanction, suspend and terminate the registration of an AUSactive Registered Professional. Any member of the public who has good cause to complain (“the Complainant”) that an AUSactive Registered Professional has failed to comply with a provision of the Code of Ethical Conduct can lodge a complaint.
- Complaints shall be assessed, initially, by the CEO of AUSactive or their delegate, for resolution.
- If a matter cannot be resolved under clause 1 or 3, the matter can be appealed by the Complainant or the professional.
- The Member shall seek to resolve the complaint as expeditiously as possible, by working with the Complainant and the AUSactive Registered Professional directly.
- If a matter cannot be resolved under clause 1 or 3, the matter can be appealed by the Complainant or the fitness provider to a panel of three members of the Health & Fitness Industry Standards Council (Appeal Panel), including a lawyer, who shall decide an appeal and make recommendations in writing.
- For appeals under clause 4, a complaint filing fee may be imposed at the discretion of the Appeal Panel.
- The decision of the Appeal Panel under clause 4 shall be final.
If the complaint is currently being investigated by a relevant federal, state or territory consumer protection regulator or law enforcement agency we may cease to take further action in relation to the complaint pending finalisation of their investigation.
Review
The AUSactive Registered Professional Complaint and Disciplinary Procedure will be reviewed periodically, no later than November 2025.
