Legal risk management in the Australian fitness industry: outcomes of the focus group research

Similar documents
GENERAL MANAGER, SERVICE INNOVATION SENIOR MANAGER, RESIDENTIAL & RESPITE (INCLUDING UROLOGY CLINICS) CONTINENCE NURSE

Community Support Worker Position Description

Governance and guidelines

Join our public Advanced ICAM Lead Incident Investigation Training Course in a major city near you

Work Health and Safety Church Council and Congregation Policy

Youth Health Service Elizabeth (working across North, South and western sites). OPS5. Ongoing full time

Data Breach Notification Guide Policies and Procedures

Women's and Children's Hospital. North Adelaide ENC/END; RNM1. Casual

Health Practitioner Regulation National Law (South Australia) Act 2010

Administration Officer Casual. Women s and Children s Hospital. Various ASO2. Casual

Many tracks, one road, sustaining community

Audit report VET Quality Framework Continuing registration as a national VET regulator (NVR) registered training organisation

Patient Transfer Officer. Patient Transport Services. SA Ambulance Service. Various PTS Casual

General Policy. Code of Conduct

SAMPLE CHCCS400C. Work within a relevant legal and ethical framework. Learner guide. (Children s Services) CHC08 Community Services Training Package

Nurse Practitioner - Emergency Department, Lyell McEwin Hospital Job Number Applications Closing Date 23 March Elizabeth Vale RN/M4

INFORMATION PACKAGE FOR. Member Servicing Officer (QNU Connect) POSITION. Brisbane

Our pathway for change: eliminating bullying and harassment in healthcare

2017 AFA Adviser of the Year Award

Client name:... Billing name:... Address:... address:... ABN/ACN:... Contact name:... Phone number:... Cost register (office use):...

SEMCIL PCA CHOICE PROGRAM PCA Recipient and Direct Support Professional (DSP) Role and Responsibilities MEMORANDUM OF AGREEMENT

INFORMATION PACKAGE. Wellbeing Officer POSITION. Brisbane

GUIDE TO ETHICAL CONDUCT FOR PROVIDERS OF RESIDENTIAL AGED CARE: GUIDE FOR EMPLOYED AND CONTRACTED STAFF

NUNKUWARRIN YUNTI OF SOUTH AUSTRALIA INC Wakefield St, ADELAIDE 5000

SA Health Women s and Children s Health Network. Division Paediatric Medicine

Australian Canoeing Limited Workplace Health & Safety Policy

APPLICATION FOR EMPLOYMENT

Department of Health; CALHN,NALHN,SALHN,WCHN Hospital/ Service/ Cluster

Draft Code of Practice FOR PUBLIC CONSULTATION

RECRUITMENT AND ORIENTATION OF FAMILY DAY CARE EDUCATORS

Client name:... Billing name:... Address:... address:... ABN/ACN:... Contact name:... Phone number:... Cost register (office use):...

DENTIST. Our Mission: Delivering person-centred care to improve health, wellbeing, care experience and health outcomes, with our community.

SA Health Job Pack. Criminal History Assessment. Contact Details. Public I1 A1. Job Title. Provisional Fellow in Women's, Anaesthesia

Administrative Assistant - Stroke Unit. Flinders Medical Centre - Stroke Unit. Bedford Park ASO2. $56,389 - $61,036 (pro rata)

Residential Youth Worker Position description

Complaint about a training organisation operating under ASQA s jurisdiction

SCOPE This policy covers all students, employees, contractors, and other RTOs engaged in services for BHFS.

COMPLAINTS AND APPEALS POLICY AND PROCEDURE

Student Handbook (SOPF ) NECA Training. RTO No

General Employment Application

Coordinator, Integrated Family Services

INFORMATION PACKAGE. Professional Officer (Midwifery Project) POSITION. Brisbane

Health Information Officer. Port Pirie Regional Health. Port Pirie GP Plus Health Care Centre ASO2. Casual

Workforce Race Equality Standard

Port Pirie Community Health. Port Pirie ASO2

BUILDING VIRTUAL CARE SCALABILITY INTO REGIONAL HEALTH SERVICES AND TO CONDUCTING CLINICAL TRIALS

The Queen Elizabeth Hospital. Woodville RN-2C / RN-1

Social Worker Casual pool /12/1. Flinders Medical Centre. Bedford Park AHP-1. Casual

Various locations MDP-2

Naomi Seddon. Focus Areas. Overview

Allied Health Assistant - Physiotherapy. Mount Gambier OPS2. $56,389 - $61,036 pa (pro rata)

POLICY STATEMENT PRIVACY POLICY

CODE OF CONDUCT POLICY

Allied Health Assistant (Multiple Vacancies) Daw Park OPS2. $56,389-$61,036 per annum or pro rata

Code of Practice for Social Care Employers

Central Australian Aboriginal Congress Aboriginal Corporation Position Description

MURAL ROUTES ANTI-RACISM, ACCESS AND EQUITY POLICY AND HUMAN RIGHTS COMPLAINTS PROCEDURE

Eye Bank Coordinator. Flinders Medical Centre. Bedford Park. MeS1. $66,603 to $81,572 per annum

Advocare Incorporated Response to the Australian Law Reform Commission s Elder Abuse Discussion Paper 83

Nurse Consultant - Infection Control. The Queen Elizabeth Hospital. Woodville RN-3. Permanent full-time

Federation University Australia

Graduate Radiation Therapist. The Royal Adelaide Hospital. Adelaide AHP-1

Cultural Safety Position Statement

Senior Medical Education Officer Recurring vacancies may become available in other work units Status

Student Information Handbook

Code of Conduct Policy/Procedure Mandatory Quality Area 4

Social Worker AHP2. Job Status Part Time (33.75 hrs/wk) Temporary up to 15 Feb 2019

Barossa Hills Fleurieu Region. Mount Barker Hospital RN/RM1. $73,735 - $101,273 pa (pro rata)

2. Provide academic leadership in managing the curriculum requirements of the Department, including new and proposed courses.

Note: 44 NSMHS criteria unmatched

SA Health Job Pack. Criminal History Assessment. Contact Details. Public I1 A1. Job Title. Registered Nurse/Midwife Community Health Nurse

South Gwinnett Athletic Association Volunteer Football Coach Application Form

SEICAA NURSE CALL SYSTEM INSTALLATION 2017 REQUEST FOR PROPOSAL BIDDERS PACKAGE LATE OR INCOMPLETE PACKAGES WILL NOT BE CONSIDERED.

POSITION DESCRIPTION. Outreach Case Manager Connections Program

P O S I T I O N D E S C R I P T I O N OOHC CASEWORKER. 2. ORGANISATION LOCATION Cardiff. 5. CLASSIFICATION Level 4 pay point 1

Painters National Licensing Discussion Paper

Job Package. Aboriginal Trainee Family Referral Worker Moree and Surrounds

NSW Regional Health Partners. Targeted Project EOI Application Guide for MRFF 2018

NZQA registered unit standard version 2 Page 1 of 5. Work collaboratively in a health or wellbeing setting

Compliance Program Code of Conduct

Danbury Police Department

Safeguarding in Sheltered Housing A Best Practice Guide. Ruth Batt, Head of Supported Housing

Administration Officer. Mt Barker Hospital. Mt Barker ASO2. Casual

INFORMATION PACKAGE. Member Organiser POSITION. Cairns

Compliance Program And Code of Conduct. United Regional Health Care System

Graduate Diploma of Applied Pharmacy Practice (10373NAT)

9. GOVERNANCE. Policy 9.13 WORK HEALTH SAFETY POLICY

Audit report VET Quality Framework Continuing registration as a national VET regulator (NVR) registered training organisation

INFORMATION PACKAGE. Temporary Full-time Member Organiser POSITION. Brisbane

BSB30715 Certificate III in Work Health and Safety

RUTGERS BIOMEDICAL AND HEALTH SCIENCES CODE OF CON DU CT

To provide clinical and case management support within a consumer directed framework to consumers receiving case management.

Department of Health and Human Services and Tasmanian Health Service

Prevention of Family Violence Project Lead. TBC, pending professional background

SAFEGUARDING CHILDEN POLICY. Policy Reference: Version: 1 Status: Approved

Diocese of St. Augustine

Washington County Tennessee Sheriff s Office. Ed Graybeal, Sheriff. Employment Application Packet

Little Swans Day Nursery. Equal Opportunities and Diversity Policy and Procedure. January 2018

Alignment. Alignment Healthcare

CODE OF CONDUCT POLICY

Transcription:

Legal risk management in the Australian fitness industry: outcomes of the focus group research Professor Patrick Keyzer Director of Bond University s Centre for Law, Governance and Public Policy

Our industry partners are Fitness Australia and Sports Medicine Australia The Chief Investigators on this project are the author, Professor Joachim Dietrich (Bond), Professor Caroline Finch (Monash), Professor Kevin Norton (UniSA) and Dr Betul Sekendiz (CQU). This project will answer two important questions: How does Australian regulation currently control risk management in the fitness industry and thereby prevent adverse health outcomes and injury, and the legal liability associated with those risks? What sustainable changes could be made to Australian regulation for more effective risk management in the health and fitness industry in order to prevent the risk of adverse health outcomes and injury, and the legal liability associated with those risks?

Armed with this knowledge, we will then: Develop, in consultation with our industry partners and key stakeholders, new best practice benchmarks to improve safety in the fitness industry and reduce the risk of adverse health and injury outcomes; Design regulation and safety practices to advance the achievement of those benchmarks; and Develop training materials for industry use related to those benchmarks, with the objective of increasing safety, reducing the risk of adverse health outcomes and injury, and decreasing the prospect of adverse legal liability outcomes.

Three reports so far on private law, check out www.fitness.org.au/riskmanagement and sma.org.au: Impact of the Australian Consumer Law Torts and personal injury Use of contractual waivers Recently completed: Workplace health and safety Planning and environment issues Still to come: Sexism, racism and disability discrimination Criminal law (drugs in gyms?) Other human rights issues?

Provide a professional environment Know and adhere to the law and published standards of practice Hire qualified and competent personnel Develop and comply with safety policies Adopt, follow and rehearse emergency action plans Use waivers Secure liability insurance

Fitness Industry Codes in each of the eight States and Territories Some are mandatory and some are not Either way, the law imposes duties that must be complied with Published standards of practice provide evidence in determining duty

Pre-exercise screening Standards relating to equipment First aid Qualifications of employees Employee inquiries about risk

Some US research indicated generally favourable responses to questions regarding compliance with standards, relevant laws and regulations, including the Americans with Disabilities Act (Eickhoff-Shemek and Deja, 2002) Studies in 2006 and 2008 reported significant knowledge deficits

Sydney x 2 Gold Coast Ballarat Adelaide x 2 Rockhampton

(Lack of) education (Lack of) supervision (Poor) technique (Defective) equipment (Unsuitable) environment Overcrowding

Scope of practice Pre-exercise screening Medical risks associated with de-conditioned clients Poor or inappropriate nutritional advice Inadequacy of qualifications Clients have unrealistic expectations

A comprehensive national survey

Sexual harassment, racism and disability.. Racial Discrimination Act 1975 (Cth) Disability Discrimination Act 1992 (Cth) Sex Discrimination Act 1984 (Cth)

Work Health and Safety Health means physical and psychological health Work Health and Safety Act 2011 (NSW), s4. Explanatory memorandum of WHS Act 2011 The term health is used in its broadest sense and covers both physical and psychological health. This means that the Bill covers psychological risks to health like stress, fatigue and bullying.

Persons with health and safety duty Managers, trainers and employees alike Penalties With death or serious injury or illness Up to $600,000 for individuals Up to $3,000,000 for body corporate Significant gap: unincorporated associations

Does the Certificate III/IV prepare people to deal with the risks of physical and psychological injury? Do fitness centres have detailed referral protocols and procedures to ensure that people stay within their scope of practice?

Questions Our partners