Exemption to operate a fitness centre during unstaffed hours

Who is this information for?

This information is for fitness centre operators, gym owners and fitness businesses seeking approval to operate their facilities during unstaffed hours.

Why do I need an exemption?

The Fair Trading (Fitness Industry) Code of Practice 2026 requires fitness services to be supervised by an appropriately qualified person whenever a fitness centre is operating.

If you want to operate your fitness centre when no staff are present on site, you must apply for an exemption. An exemption allows fitness centres to operate during unstaffed hours, if appropriate safety and risk management measures are in place.

Exemption requirements

To be eligible for an exemption, your fitness centre must meet the following minimum requirements:

• install CCTV throughout the fitness centre (excluding toilets and change rooms). You must inform members that CCTV monitoring is in use
• provide a hard-wired emergency panic button with two-way communication to a monitoring service for medical emergencies, personal attacks or threats
• provide personal panic devices for member use during unstaffed hours. Members who require medical clearance to exercise must carry a device while using the facility during unstaffed periods
• deliver a pre-exercise orientation program for all new members. The orientation should cover:
  • safe use of equipment
  • emergency procedures
  • staffed and unstaffed operating hours
  • a health and fitness questionnaire
• clearly display staffed and unstaffed operating hours within the fitness centre
• restrict access during unstaffed hours to the following equipment:
  • weight plates, free weights or dumbbells over 40kg
  • kettlebells
  • free bench press bars
  • free squat racks
• provide safe alternative equipment fitted with appropriate safety mechanisms, such as range limiters or other safety features, and ensure members are aware of these alternatives.

These are minimum requirements only. Operators are encouraged to implement additional measures appropriate to their business to ensure a safe environment for members.

How to apply

To apply for an exemption, complete the application form and provide:

• the registered trading name of the business
• the legal structure of the business (for example, sole trader, partnership or company)
• the street address of each fitness centre seeking an exemption
• details of the measures you have implemented to manage risks during unstaffed hours.

Submit your completed application to complianceandinvestigations@act.gov.au.

Assessment and approval

Access Canberra will assess your application against the exemption requirements. You may be required to provide additional information to support your application.

If your application meets the requirements, a Compliance Officer may conduct an inspection of the fitness centre to verify that the required safety measures are in place.

If you meet all requirements, the Commissioner for Fair Trading will consider your application for approval.