Review of Small Business Commissioner legislation

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A statutory review of Small Business Commissioner Act 2013 is now underway to seek feedback on the legislation.

What’s this about?

Submissions are sought to inform the Statutory Review of the Small Business Commissioner Act 2013 (the Act).

The following focus questions for submissions are provided; however these are not intended to limit the scope of submissions made:

  • Does the Act provide the Small Business Commissioner with the scope and powers required to effectively advocate for and support small businesses across NSW? If not, what changes are required?
  • Does the Act effectively support the Commissioner in achieving her statutory role?
  • Is the current offence and penalty provided for in section 18 of the Act (‘Compulsory attendance at mediation and production of documents’) effective?
  • Are amendments, or alternative or additional offences and penalties required?

A call for submissions has been made on the Have Your Say website and additional stakeholders will be approached via email. Submissions will be accepted, either by email or mail until close of business, Friday 18 January 2019. Submissions may be published unless the author requests otherwise.

Background

The Act provides for the appointment, powers and scope of the role of NSW Small Business Commissioner.

Section 13 of the Act provides that the objectives of the Commissioner are to:

(a) Deal with issues concerning the small business sector in a neutral and independent manner,

(b) Provide a central point of contact for small businesses to make complaints about commercial dealings with other businesses and about dealings with government agencies,

(c) Encourage government agencies and larger businesses to enter into productive working relationships with small businesses,

(d) To facilitate the resolution of disputes involving small businesses through mediation and other appropriate forms of alternative dispute resolution,

(e) To facilitate and encourage the fair treatment of small businesses,

(f) To promote a fair operating environment in which small businesses can flourish,

(g) To identify and support measures to reduce the administrative burden for small businesses.

Section 34 of the Act provides that the Minister for Small Business is to review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

A report on the outcome of the Review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years, i.e. May 2019.

Have your say

There are three ways to submit feedback:

Have your say by 18 January 2019.

More information

Email: Justine Adkins
Phone: 02 8222 4861

Privacy statement

The personal information you provide on this form is subject to the Privacy & Personal Information Protection Act 1998. NSW Department of Industry (the department) is collecting your personal information to assess submissions in response to the legislative review of the Small Business Commissioner Act 2013.

Access is limited to use by the department's employees and other authorised persons. The department will not disclose your personal information without your consent unless authorised by law.

Your submission will be stored in accordance with the department's Records Management Policy and you have the right to request access to, and correct details of, your personal information held by the department.

The provision of this information must be supplied. If you choose not to provide the requested information we may not be able to assess your submission. Your submission will not be made public but is subject to the Government Information Public Access Act 2009.

Further information regarding privacy can be obtained from the department's website at https://www.industry.nsw.gov.au/privacy

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