The NSW Governor appoints the commissioner. In other words, the commissioner is appointed independently of the public service.
The commissioner can investigate possible unconscionable conduct or unfair practices against small business with or without complaints being lodged.
The commissioner can require the provision of information or for someone to answer questions.
What is said in mediation is confidential and cannot be used in any possible court proceedings.
The commissioner can issue public warnings about unfair practices.
If the commissioner thinks significant unfairness has occurred and mediation has failed, the commissioner can intervene in or initiate legal proceedings for small businesses, including cases covering a ‘collective’ issue.
The commissioner will be able to enter agreements with government bodies which commit a government body to enter dispute mediation if requested by the commissioner.
The commissioner will have the ability to investigate state and local government treatment of small business and issue reports.
Big businesses will be able to be registered as ‘small business friendly’, undertaking to treat small businesses fairly and to engage in mediation for dispute settlement.
The commissioner can develop and administer codes of conduct for specified industries.
The commissioner can assist groups of small businesses to engage in collective bargaining with large businesses.
