Is Personal Trainer Registration Necessary?
This is the video that has caused much controversy with the Personal Training community of Australia. With over 2.5k views on facebook (and counting) – the fitness professional community is waking up.
The consensus shows that Fitness Australia do not have the personal trainers best interests in mind and they fail to give unbiased, objective and informed choices. The question is who are they really supporting…?
If you’re new to this heated topic, then here is the video which sparked it all.
Exactly 9 days ago, on October 23rd 2015, Lauretta Stace (the CEO of Fitness Australia) responded to my video on Linkedin. She called me a liar and a deceiver – and the intention for producing such a video was to get attention and to sell my ‘products’. In addition, she called it a ‘load of rubbish’ and went on to say how much power and influence Fitness Australia has in a court of law.
Now, here are the problems: She didn’t counter argue or dismiss any of the major facts in the video. She didn’t challenge me in regards to registration requirements, regulatory powers, keeping you in the workforce, CEC points and Insurance.
She only mentioned how the courts would determine a trainer’s duty of care based on the Scope of Practice guidelines, documents and other industry standards published by Fitness Australia.
On October 26th 2015 (3 days later) I posted a very detailed reply that totally discredits her argument and at the same time I revealed what kind of deceptions and lies she uses, as a person of influence to control the narrative – and prey on the ignorance of trainers into believing the ‘necessities’ of FA.
Now, I gave Lauretta 7 full days to respond to my argument and there was no response whatsoever. Is she avoiding the debate because she knows it’s a losing battle…or is she evading it – hoping it’ll go away?
Well, 99.5% of trainers agree with me and the points I raised in the video have encouraged ex-trainers to re-enter the workforce, now realising for the first time FA has no control over them.
I have left it objective and trainers are now speaking for themselves.
Below is Lauretta’s response to my video and beneath it is my very detailed reply – which, is yet to be challenged… Enjoy!
Lauretta Stace (CEO OF Fitness Australia) Response To My Video: Published on Linkedin
Friday October 23rd 2015
The highest form of ignorance is when you reject something you don’t know anything about. For the rational people out there, please don’t listen to this load of rubbish based on delusion and ignorance.
To state that there is no ‘regulation’ or rules we must follow according with regard to personal training business and professional practice is inaccurate, misleading and dangerous to the recipients of the message.
Whilst the profession is not ‘regulated’ by statute, professionals do operate under an obligation to practice with due care and skill, as do all businesses in the fitness industry. To determine what that means for a certain professional in a court of law, reference would be made to existing Scope of Practice documents and other industry standards and guidelines published by Fitness Australia, as well as adherence to those policies.
If you want to find the truth about the role of Fitness Australia and how the National Registration System actually works, please contact us directly. Don’t listen to people like this who have to use lies and deception in order to get attention so they can sell their products.
Now, Here’s My Reply To Her Response: Published On Linkedin
Monday October 26th 2015
Hey Lauretta, I appreciate and respect you commenting on my video. It showcases what you stand for and how you analyse and make assumptions. It also provides a snapshot of what kind of person you are being the CEO of Fitness Australia.
I’m also extending you the professional courtesy to write a passionate response that’s detailed and informative because I care about the Personal Training community. And those reading this can make better, more educated choices about their career.
And you’re right, “the highest form of ignorance is when you reject something you don’t know nothing about.”
In many cases trainers pay Fitness Australia and they don’t know why. I’ve expanded their minds and made them see things differently. It seems like you rejected the message in the video. You don’t know anything about how trainers truly feel. You are ignorant about giving them an informed choice. You are also ignorant about the benefits of your organisation. FA earns millions a year, and yet you fail to communicate why trainers pay you. Most trainers still don’t know why. You are ignorant how trainers feel and you’re oblivious about giving them an informed choice. You definitely don’t have THEIR BEST interests in mind.
You are ignorant about the higher purpose of the message in my video – and you seem like you don’t know what trainers are feeling. It seems like YOU prey on their ignorance.
So I definitely agree with your quote.
You are inserting your habitual ideology without listening to what I’m saying in my video. Now, a person with your influence, trying to interpret my video so you can push your ideology is inaccurate, misleading and dangerous.
I have expressly mentioned in my video that our regulations are based on negligence principles derived from Common Law. I also mentioned the courts have more than established our duty of care as professional trainers. I never said there are absolutely no regulations or rules when it comes to being a professional. Far from it! All I said was Fitness Australia are NOT OUR REGULATORS AND THEY DO NOT DICTATE THE RULES FOR US. The courts and legislation does. Now Lauretta, a trainer reading your response with your influence may very easily take your word for it and discourage the real message portrayed in my video. You’re using your influence to deceive people from the real message. Now, that’s dangerous.
A rational person would watch my video, and be encouraged to do their own research; ask questions.
It’s also funny how you don’t counter argue any of the major points brought forward in the video; Registration. Regulation. FA membership requirement to be in workforce. CEC points and Insurance. I think it’s because you don’t have an argument there and you’re avoiding to debate those issues. But instead you chose to respond by showcasing how FA’s Scope of Practice, industry standards and guidelines have power and influence in a court of law – in which I’ll get to below.
My video provides a platform that mainly encourages trainers to do their own research and find their own truth. Trainers have a right to be educated and feel free to do what they want with their career.
You are a corporation with an agenda that uses deception to control the narrative – and it’s evident in your response.
For example you mentioned to determine what professional practice means in a court of law is based on “references made to existing Scope of Practice documents and other industry standards and guidelines published by Fitness Australia, as well as adherence to those policies.”
You couldn’t be more deceiving and inaccurate as that one statement. The courts don’t care about what Fitness Australia solely thinks and FA was never used in a public court case to hinge any judgement by a justice or judge in regards to PT negligence.
Recreation negligence law has already been established by state and commonwealth law and there are statutes in provision that applies to all recreational activities, (which includes Personal Training). FA has no statutory power and is not activated by any regulations. The determination of a judgement is based on many things, including causation, general negligence principles, professional peer standards and the provision of a duty to warn of risk or risk warning. In other words, there are MANY factors taken into account when it comes to duty of care and negligence. The court doesn’t solely look at what FA publishes and uses that as a “determination” as you expressly mentioned in your response. The policies FA publishes are a far cry from what really goes on in the industry. They are so inaccurate and wrong, even the plaintiff would be embarrassed to use them.
I mean, here are a few FACTS: Registration is not required. FA does not have legal regulatory powers. FA is not a governing body. It’s VOLUNTARY to join as members. And there are many insurance companies that’ll insure you without needing FA registration. With all these things being undeniable FACTS, then what makes you think FA’s publications and guidelines can pull their weight in court…?
In 2 landmark PT negligence cases in Australia, which shaped the standard of care for PT’s – FA was NEVER mentioned or used as a defence by either party. That goes to show how much ‘influence’ your scope of practice and ‘publications’ really have.
And, here’s where your argument falls apart even more: If you bothered to read section 5O of the Civil Liabilities Act (NSW) or for those in Victoria, the Wrongs Act 1958, Section 59 – they both state that a professional is not negligent if that professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by a significant number of respected practitioners in the field (peer professional opinion) as competent professional practice in the circumstances.
Fitness Australia barely falls in that definition as you are not day-to-day practitioners or peers of the industry. Also, even if you were and those sections DID apply to you…, it’s still up to the courts to decide what was rational at the time. Also, there are provisions in the commonwealth Competition and Consumer Act 2010 and at state level Australian Consumer Law and Fair Trading Act 2012 (Vic) (and similar legislation for other states) that plays a role in determining a trainer’s negligence. In other words, there are many, many, many factors and principles that come into play when negligence is determined. The law has the negligence framework in place which was originally developed and stemmed from decades of Common Law. What FA publishes is near useless.
The judges have the ultimate say and the final word, NOT FITNESS AUSTRALIA OR THEIR POLICIES. The judges don’t have to take the ‘word’ of any organisation or professional opinion as gospel; that’s been proven in many high court cases. The courts know and understand that a practitioner is not negligent merely because his or her conclusion or procedure differs from that of other practitioners. Judges have the final say and they control among many other factors determining if the defendant is negligent. And this process of judges’ determining what’s rational or not and in many cases overruling professional opinion is a well-known fact, which like I said was developed through DECADES of Common Law – and these provisions have made their way into state legislation. Many high court rulings support that, and it’s not even debateable. And you think some flimsy papers published by Fitness Australia are what “determines” a PT’s duty of care…???
YOU ARE DELUSIONAL.
Those Scope of Practice publications and other documents you mentioned are purely designed by FA, and like I mentioned in the video – those policies are designed for REGISTERED EXERCISE PROFESSIONALS, – so, a reasonable person would assume those policies only apply to those registered. But even then, those guidelines and policies are not regulated and they DO NOT speak for the industry. They are designed by FA, a purely voluntary organisation who by definition are not peers or practitioners. The courts have many times used individual experts in combination with established negligence principles to determine an outcome for PT’s scope of negligence. NOT voluntary organisations like FA.
So please Lauretta, stop making ‘factual’ statements that deceives people into believing FA’s policies are what ‘determines’ the judgements of a court case. There’s much more to it than that.
We already have statues and laws which clearly outlines our duty of care as providers of recreational activities. Fitness Australia is a non-for-profit organisation that is strictly voluntary to join – and trainers should join if they support its cause or wish to receive its benefits.
What is FA’s cause…? And what are FA’s benefits..?
As Lauretta said, please call Fitness Australia directly and ASK them questions to find out the truth.
ASK what their ‘specific’ cause is. ASK if registration is necessary and required to be working as a PT. ASK what benefits you receive that you can’t get on your own. ASK what kind of ROI you get for your money. ASK them for a list of alternative insurance companies you can contact that don’t require FA registration. ASK them the importance and benefits of CEC courses and ‘points’ and if they recognise courses outside the CEC network. I strongly encourage you to ring and ASK them all the questions you are concerned with.
Then I encourage you to do your own research. I am transparent in my responses and I welcome everyone else to be the same.
Lauretta, I only advise trainers on their options. I have no greedy agenda, other than opening people’s minds. Maybe you should do the same and allow trainers to have an open choice to do what they wish based on the information you, I and others provide. They have a right to free choice, don’t they?
And Lauretta, you lied and deceived people once again by assuming (like an irrational person would) that I produced such a video to get attention and sell my ‘products.’
Firstly, it got attention because it connects strongly with many, many trainers in the industry – as they’ve experienced the frustrating deception first-hand. Many trainers do believe FA is a fraud and they watch my video – and are encouraged to do their own research and make their own choice. The video has been an eye opener for many trainers. If people realise that FA is not needed, then it’s up to them to freely choose if they wish to be members. Is that so bad or wrong Lauretta?
Second, what so called ‘products’ am I selling??? I did the seminar for FREE. And there was no products sold at the event. I don’t even sell any products! Next time, DO YOUR RESEARCH LAURETTA. I did all this at my expense – and this message has helped many trainers take control of their own careers. It’s also helped and inspired many PT’s back into the workforce – where FA had told them they have to re-do their Cert 4 otherwise they ‘can’t work.’ To some PT’s, FA has ruined their freedom of expression and in some cases have broken their spirit and willingness to continue on as PT’s; and all this was based on policies they thought were ‘required.’
I mean, talk about glowing, RED-HOT deception FA narrates to the industry!
You guys are full of lies. And it’s not just me that thinks that. You are well known for pushing your endorsed agendas to the industry, not taking into account ALL possible choices available. Fitness Insurance is a perfect example.
Many trainers through contacting FA have been lied to, deceived and flat-out ruined their career because of FA’s forced ideology. My goal is to give trainers an informed choice and encourage them to do their own research – and not feel trapped by the limitations FA puts on them. I preach freedom of choice. I encourage an open mind. I say in the Video; “step out of the maze and you see the whole thing”. You on the other hand want trainers to call you – so you can indoctrinate them with your agenda. Go for it. The industry is waking up. I speak for the real, everyday trainers, not for corporate greed.
Lauretta, based on your irrational response, it seems you are the one who’s delusional. You are the one deceiving people. You are the one in charge of a company that many trainers now feel are ‘stealing’ their money. I’ve proven I know exactly what I’m talking about and it seems YOU don’t know anything about the trainers in regards to how they truly operate and feel… or are just ignorant about it… or worse; don’t care.
I sincerely respect and admire you reaching out to me.
I encourage the community to seek their own legal advice and start asking more questions – and pursue their own answers. Fitness Australia does NOT hold the narrative.
It’s now up to the fitness community to do their own research and make their own, freewill choice.
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