Code of Conduct - Staff & Instructors //
PART I - INTRODUCTION
The objectives of the Gungahlin Martial Arts Code of Practice are: -
1.1 To teach the highest quality martial art of the legitimate art of Yuen Kay San Wing Chun from the Red Boats of Gwangjo.
1.2 To set a standard of fee collection that is fair and protects the students financially.
1.3 To set a standard of training that protects the health and well-being of each student.
1.4 To establish the highest standard for the qualification of Gungahlin Martial Arts instructors.
Application of Code
2. This code applies to Gungahlin Martial Arts and instructors.
3. In this Code, unless the contrary intention appears: -
“Gungahlin Martial Arts” means any premises that provides Gungahlin Martial Arts instruction.
"Code" means this Code of Practice for Gungahlin Martial Arts;
"student" means a person who is supplied with self-defence instruction;
"cooling-off period" means the period referred to in Clause 22 during which a
applicant for membership may decline an offer of membership;
"training equipment,” means apparatus or equipment used in Gungahlin Martial Arts instruction;
"membership agreement" means an agreement referred to in Clause 13 between Gungahlin Martial Arts and a student and any other party (a parent of a young person 12-18 years of age) to the agreement for membership;
"personal information" means information about an individual whose identity is apparent, or can be reasonably ascertained, from the information;
"standard cost" means the cost which is normally charged by Gungahlin Martial Arts for training and does not include any discount offer as there are no discounts offered.
PART II - GWOON OBLIGATIONS
4. Gungahlin Martial Arts will not use misleading or false advertising or marketing practices, which may include, but is not limited to, false or misleading representations concerning the price of goods or training, false representations that training has benefits which it does not have; false or misleading representations concerning the need for goods or training.
5. Gungahlin Martial Arts will ensure that sufficient information is available to enable a prospective student to make an informed decision in relation to membership of the club or the provision of Gungahlin Martial Arts instruction, and in particular will: -
(a) ensure that all promotional material is truthful, accurate and unambiguous;
(b) ensure that promotional material does not encourage unrealistic expectations about the outcomes attainable from Gungahlin Martial Arts instruction or any equipment provided;
(c) not make misleading or false comparisons with programs provided by competitors;
(d) allow Gungahlin Martial Arts to assess prospective students who undertake a beginners course for suitability to join the club;
(e) make available for perusal a copy of this Code; and
(f) ensure that instructors act in an ethical and professional manner.
6. On request, Gungahlin Martial Arts will give a copy of the signed membership agreement to any student accepted for membership.
7. Gungahlin Martial Arts will ensure that all instructors are NCAS accredited.
8. Gungahlin Martial Arts will ensure that there is an appropriately qualified instructor, in accordance with clause 7, available at all times during which training is provided.
9. Gungahlin Martial Arts will ensure that training offered under the membership agreement is ordinarily available to students.
10. Gungahlin Martial Arts will maintain and provide evidence of adequate public liability insurance and professional indemnity insurance based on accepted industry standards.
11. Gungahlin Martial Arts will ensure that all instructors are totally conversant with the terms of this Code by posting it on an appropriate Members’ section of the club website.
12. Gungahlin Martial Arts will not disclose to any person other than Club instructors or consultants, on a need to know basis, any personal information acquired by the club from a member or prospective member unless authorized, in writing, by the student.
13. Gungahlin Martial Arts will not enter into a membership agreement or accept payment from a prospective student if there are reasonable grounds of which Gungahlin Martial Arts is aware, or ought reasonably to be aware, for believing that the training under the membership agreement cannot be provided.
14. The membership agreement sets out the club rules.
15. Gungahlin Martial Arts does not operate on a business model and does not offer contracts.
Refunds or Membership Deferment due to Sickness or Physical Incapacity
16. Where a student is unable, by reason of temporary physical incapacity verifiable by a medical certificate from a qualified medical practitioner, to avail him/herself of the training provided under the membership agreement, that student is entitled to defer the balance of the period of the membership agreement to a period agreed with Gungahlin Martial Arts if they are able to have their fitness to resume training certified by a qualified medical practitioner. Students permanently unfit to train will have the balance of any fees paid refunded from the time of notification of unfitness.
17. Where a student is to receive a refund under Clause 16, Gungahlin Martial Arts may deduct from the amount refunded the standard cost of any service provided including a reasonable administration charge.
18. Where a student is to receive a refund under Clause 16 Gungahlin Martial Arts will pay the refund due to the student within 7 days.
19. Before signing an application for membership form Gungahlin Martial Arts shall provide the student with written advice of:
(a) the joining fee;
(b) the fee for each term;
(c) any other fees payable;
(d) any early cancellation fee or late payment fee and circumstances under which those fees are payable.
20. The application for membership form advises the student of the potential dangers and risks associated with the practice of martial arts.
Prospective student to complete pre-instruction questionnaire
21. Gungahlin Martial Arts will not provide a martial arts instruction to a casual visitor or enter a membership agreement with a student unless the student completes a questionnaire, provided by Gungahlin Martial Arts, in relation to the student's risk in participating in martial arts instruction and that questionnaire is assessed by a Gungahlin Martial Arts instructor.
33. Where answers to the questionnaire indicate that a prospective student may be at risk from participating in martial arts instruction, the Club will not provide any martial arts instruction to the prospective student unless they provide proof in writing that they have received advice from a qualified medical practitioner or any appropriate health professional to the effect that the consumer is, in the opinion of the practitioner or the health professional, not at risk from participating in the proposed martial arts activity.
34. Where Gungahlin Martial Arts receives evidence that the student or prospective student may be at risk from participating in a club activity under Clause 32, Gungahlin Martial Arts will not provide martial arts instruction until an appropriately medically qualified person has provided advice to the student or prospective student in relation to an appropriate martial arts instruction program.
Standard of Martial Arts Centre
36. Gungahlin Martial Arts will provide a fully equipped first aid kit located in a prominent, easily accessible position, and ensure that all senior members know its location.
37. Gungahlin Martial Arts will ensure that all equipment: -
(a) is mechanically sound, and is installed and used in accordance with the manufacturer’s instructions and standards; and
(b) is checked as required to ensure continued user safety.
38. (a) Gungahlin Martial Arts will ensure that instructors who advise students how to operate any equipment must themselves be adequately trained as to the equipment's use.
(b) All instructors will ensure that all students who are provided training equipment will be appropriately guided in the correct and safe usage of said equipment.
39. Gungahlin Martial Arts will ensure that all training areas contain adequate safe working space and that numbers do not hinder safe and effective use of any training equipment.
Qualifications of staff
40. (a) Gungahlin Martial Arts will not represent to a student or prospective student that a person who is to provide the martial arts instruction program is qualified to instruct if the person is not so qualified.
(b) An instructor will not advertise, represent or imply to a student or prospective student that:
i) they are of a rank, grade or accreditation standard that is not legitimately held by said instructor.
ii) they have had a training or learning experience greater than that which has actually been gained by the instructor.
(c) Instructors will not advertise or promote themselves by describing themselves in a way that cannot be substantiated or qualified and that may mislead a student or prospective student as to the real level of an instructor’s ability or competence.
(d) An instructor will not advertise or use academic titles unless said titles have been granted by a recognised Australian Tertiary Institution or by an overseas Tertiary Institution whose standards are recognized by an Australian University Board.
41. A person who is gaining experience to become an accredited instructor must be supervised by a person who is qualified to instruct at the appropriate level. Student or prospective students must be advised that a trainee is providing services.
42. (a) A person is qualified to provide martial arts instruction if the person is currently accredited.
(b) Said qualified person shall, at all times, be bound by the ‘Instructor’ Code of Ethics’.
43. Gungahlin Martial Arts will ensure that during all hours of opening there is an accredited instructor on the Club premises.
Complaints Resolution Procedure
57. Gungahlin Martial Arts will make every reasonable effort to resolve quickly and fairly any complaint made by a student or prospective student.
58. Where a complaint is made the person receiving the complaint will:
(a) provide the complainant with written feedback within 10 days of receiving the complaint regarding the result of action taken by the Club to resolve the complaint.
(b) if it is not possible to resolve the complaint within 10 days, provide written acknowledgment of the receipt of the complaint within 7 days and specify the time frame within which the complainant will receive feedback regarding the result of action taken by the Club to resolve the complaint.
59. The supplier will ensure that all staff employed are familiar with the Gungahlin Martial Arts complaints resolution policies and procedures.
60. Gungahlin Martial Arts will collect relevant data relating to the complaints it receives from student or prospective students.
69. Gungahlin Martial Arts does not engage in ‘door to door’ selling.
PART III - INSTRUCTOR CODE OF ETHICS
1. Respect the rights, dignity and worth of every human being and within the context of any activity, treat everyone equally regardless of sex, ethnic origin or religion
2. Ensure the member’s time spent with you is a positive experience as all members are deserving of equal attention and opportunities
3. Treat each member as an individual. Respect the talent, developmental stage and goals of each individual student and help each student reach their full potential
4. Be fair, considerate and honest with students
5. Be professional and accept responsibility for your actions
6. Language, manner, punctuality, preparation and presentation should display high standards
7. Display control, respect, dignity and professionalism to all involved with the martial art.
8. Encourage your students to demonstrate the same qualities:
9. Provide a quality service to your students
10. Seek continual improvement through performance appraisal and ongoing coach education
11. Provide a training program that is planned and sequential
12. Maintain appropriate records
13. Operate within the rules and spirit of your martial art
14. The guidelines of national and international bodies governing martial art should be followed – but without compromising integrity.
15. Any physical contact with students should be:
i) appropriate to the situation
ii) necessary for the student’s skill development
16. Refrain from any form of personal abuse (verbal, physical, emotional) towards students
17. Be alert to any forms of abuse directed towards students from other sources whilst they are in your care
18. Refrain from any form of harassment towards students
19. Provide a safe environment for training
20. Ensure equipment and facilities meet safety standards
21. Equipment, rules and the environment need to be appropriate for the age and ability of the students (Gungahlin Martial Arts only teaches adults).
22. Show concern and caution towards sick and injured students
23. Provide a modified training program where appropriate for an injured student.
24. Allow further participation in training only when appropriate
25. Gungahlin Martial Arts does not engage in competition believing that such activity is sport and has no place in genuine martial arts.
26. Seek medical advice when required
27. Support sick and injured students in as much as is reasonable.
28. Be a positive role model for your martial art and students
29. Instructors should...
Be treated with respect and openness
Have access to self-improvement opportunities
Be matched with a level of instructing appropriate to their level of competence