Small Business and Family Enterprise Ombudsman

Friday 9 May 2014 @ 10.04 a.m. | Trade & Commerce

The Australian government has released a discussion paper on establishing a Small Business and Family Enterprise Ombudsman with “real power”. Bruce Billson, the Minister for Small Business, said the goal of the project is to establish a single entry point for small businesses to gather information about services and programs. 

The discussion paper details the four main functions of the new ombudsman. It will function as:

  • A concierge for dispute resolution. The ombudsman will mediate over small business disputes with Australian government and agencies; international businesses; interstate businesses; as well as disputes under Commonwealth industry codes of conduct;
  • A Commonwealth-wide advocate for small businesses and family enterprises;
  • A safeguard to ensure that Commonwealth laws and regulations are small business friendly and assist the government in achieving its broader deregulation agenda; and
  • A single entry point agency through which Commonwealth assistance and information regarding small business can be accessed.

The objective of the government is to ensure that the new ombudsman will extend the activities of the existing Australian Small Business Commissioner to create a more purposeful, empowered and effective role. Statutory back will be provided to ensure the ombudsman remains impartial and is equipped with the necessary tools to deal will small business concerns and disputes. The government is aware of the current possibility of small businesses being destroyed by disputes and thus will ensure that the new ombudsman receives the legislative power to prevent this.

Ideally, the ombudsman will be conferred with powers to:

  • Make administrative decisions; 
  • Investigate small business disputes; and
  • Compel parties to attend mediation before approaching the judiciary.

The government is currently seeking input on the nature and scope of the four key responsibilities of the ombudsman role and how best to provide the ombudsman with appropriate powers to deliver benefits to Australian small businesses. Comments on the paper are due by May 23, 2014.

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