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Legislative Assembly for the ACT: 1997 Week 6 Hansard (19 June) . . Page.. 1901 ..

The benefits flowing from industry funded codes of conduct are well known. They provide a flexible and cost effective approach to problem areas and allow businesses to be proactive rather than merely reactive in dealing with consumer problems and needs. An industry Code of Conduct for martial arts schools could go a long way to addressing some of the parental concerns about enrolling their children in these schools. For instance, an industry code could set bench marks for ethical business practices and address issues like safety, instructor qualifications, grading levels and equipment standards to enhance the performance of martial arts businesses in the eyes of consumers.

The ACT Consumer Affairs Bureau has broad experience in the development of industry codes of conduct and is available to assist martial arts schools develop an effective industry code of conduct for the provision of martial arts instruction in the ACT.

Regrettably, I understand that various attempts, at a national and state level, to set up a peak governing body to coordinate the activities of these diverse martial arts schools has been unsuccessful, mainly due to the fragmented nature of the industry and the inability of industry participants to agree.

Victoria is the only jurisdiction to have attempted to regulate the industry, but, largely because of the problems noted above, regulation has not been a successful exercise. The Victorian Government has recently legislated to deregulate the industry, and is now encouraging self regulation.

(2) and (3) Regulation and Monitoring

The commercial conduct of martial arts schools in the ACT is regulated through the general law, including common law contract, tort/negligence law and statutory consumer protection law including the Fair Trading Act 1992, the Consumer Affairs Act 1973, and the Door-to-Door Act 1991. In relation to kick boxing and boxing, these sports come under the control of the Boxing Control Act 1993.

The ACT Consumer Affairs Bureau administers and monitors compliance with consumer protection legislation and is responsible for investigating allegations of unfair business conduct, including complaints about misleading or deceptive conduct, unconscionable conduct or false or misleading representations made in relation to the carrying on of a business.

The monitoring of the business conduct of martial arts schools occurs when a complaint has been received by the Bureau. I understand that to date, the Bureau has only received three complaints, since 1995, against certain martial arts organisations in the ACT.

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