NSW Small Business Commissioner Act 2013 commences

The Small Business Commissioner Act 2013 (NSW) was assented to on 7 May 2013 and commenced on 18 September 2013.

Background

This act makes amendments to the following legislation:

• Government Information (Public Access) Act 2009; and
• Statutory and Other Offices Remuneration Act 1975.
   

Purpose of the Act

The purpose of this Act is to provide for an advocate and representative of small business at a Federal level by establishing an Office of the Small Business Commissioner and to specify the objectives and functions of that office. 

Objectives of the Small Business Commissioner

Among the Commissioner’s objectives will be to deal with issues concerning the small business sector in a neutral and independent manner and to provide a central point of contact for small businesses to make complaints about their commercial dealings with other businesses and their dealings with government agencies. The Commissioner’s functions include the following:

• Investigating complaints made by or on behalf of small businesses,
• Providing low cost alternative dispute resolution services,
• Making representations or taking action on behalf of small businesses,
• Requiring any person or government agency to provide such information (or answers to questions) relating to the person’s or agency’s dealings with small businesses as the Commissioner reasonably requires for the purposes of an investigation under the proposed Act.

Powers of the Small Business Commissioner

The legislation allows the Commissioner to:

• Require parties to a dispute to attend mediation prior to the initiating of a legal process and impose penalties for any non-adherence to the requirements,
• Investigate allegations of unfair treatment and unfair contract terms in a neutral and independent manner,
• Require local councils, State Government bodies and other businesses to provide information or answer questions if a complaint is made; and
• Report directly to parliament where there is an issue of real importance to small businesses.
   

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