Independence
Shadow small business minister Bruce Billson told SmartCompany he is concerned the role of a commissioner will be “very diminished” in comparison to the expectations of the small business community.
“Everyone is waiting with bated breath, but not just about the individual that is appointed but what the actual role will be,” says Billson.
“It is being characterised as a profile position without specific powers and tools to assist the small business community.”
Billson says he is worried the role will be all about visibility and less about genuine value for the small business community, particularly as O’Connor has described the role as akin to that of the Chief Scientist, which Billson says is “a figurehead position”.
“Questions during interview process, including how the applicant might defend criticisms of the government and questions about the individual’s attitude to the Franchising Code, is giving many observers concern that the small business commissioner won’t reach its full potential,” says Billson.
He is also concerned the government has already advertised for an executive assistant for the commissioner, a role Billson says the commissioner should be able to appoint themselves.
“All that did is feed the perception it will be pretty much a mid-level public servant role with very little authority and no new tools to genuinely help the small business community,” he says.
South Australian deputy small business commissioner Frank Zumbo backs Billson’s call for more independence for the federal commissioner’s role.
“It’s very important that a small business commissioner has statutory independence, in order for them to be effective they really need to have that legislative backing,” says Zumbo.
“You sort of need a carrot and a stick. In South Australia, people do co-operate voluntarily. But some people do delay and we do have the ability to require the production of information and, at a federal level, you need the Australian small business commissioner to have the same power to require information.”
Zumbo also echoes Billson’s push for the commissioner to be able to act as an ombudsman.
“One area that is crying out is the ability of the Australian small business commissioner to help small businesses if they have disputes with federal government agencies.”
However, O’Connor is defensive of criticisms about the independence of the commissioner and denies the commissioner’s independence will be compromised by the government’s control over the appointment process.
“Just like we appoint other positions including High Court judges, I think we can appoint a small business commissioner,” O’Connor says.
“They will be in a position to speak out. They can speak independently of government, receive submissions and make recommendations to me.”
Here’s our understanding of who is on the government’s short list at this stage.
The Short List
- 1. Peter Strong: The executive director of COSBOA has confirmed that he is a candidate. “Peter Strong is an applicant and he is a good advocate for business but the government has not made a decision. There are many good applicants who have put their name forward,” says O’Connor.
- 2. Gary Black: The executive director of the National Retail Association sits on the government’s Small Business Advisory Commission.
- 3. Richard Evans: The former executive director of the Australian Retailers Association.
- 4. Greg Evans: The director of the Australian Chamber of Commerce and Industry sits on the government’s Small Business Advisory Commission.
- 5. Tom Fisher: The owner of Fisher Advisory Services sits on the government’s Small Business Advisory Commission and has previously held roles as the Federal Safety Commissioner, chief executive of the National Occupational Health and Safety Commission and was also head of the former Office of Small Business.
- 6. Dr Michael Schaper: The deputy chair of the Australian Competition and Consumer Commission has been named by a few sources as a candidate for the role but he declined to comment when SmartCompany contacted him.
- 7. Michael King: Managing director of Kings Australia, he sits on the government’s Small Business Advisory Commission and was previously a member of the Victorian Government’s Small Business Advisory Council.
- 8. Anthony Matis: General manager at CPA Australia, he is regarded as well-connected in the Labor Party and sits on the government’s Small Business Advisory Commission. SmartCompany contacted Matis but he failed to respond before publication.
- 9. Su McCluskey: Chief Executive of the Regional Australia Institute, she sits on the government’s Small Business Advisory Commission and was previously Chief Executive of the Rural Research and Development Corporation.
- 10. Robert Powell: Partner at accountancy firm Grant Thornton Australia, Powell sits on the government’s Small Business Advisory Commission.
- 11. Claire Prendergast: Owner of Starfish Business Solutions and sits on the government’s Small Business Advisory Commission.
- 12. Jan Taylor: The principal of JTA Australia sits on the government’s Small Business Advisory Commission and was formerly Queensland’s Director of Fair Trading and Commissioner for Consumer Affairs.
- 13. Yolanda Vega: The chief executive of the Australian Women Chamber of Commerce and Industry sits on the government’s Small Business Advisory Committee.
- 14. Tim Reed: The chief executive of MYOB Software sits on the government’s Small Business Advisory Commission.
- 15. Steve Loe: The managing director of Precedent Productions founded the Australian Small Business Champion Awards and sits on the government’s Small Business Advisory Committee.
Who’s not on the list
- 1. Frank Zumbo: The South Australian deputy small business commissioner told SmartCompany he is not on the short list.
- 2. Ken Phillips: The chairman of COSBOA said he is not interested in applying because of the nature of the role. “It does not have any dispute resolution powers. It seems to be just an advisory role to the government and that is it,” he says.