“Whilst many cases will be able to be dealt with informally in this way, there is a strong need for the legislative provisions set out in this Paper, because it is acknowledged that some big businesses and government bodies will only respond to matters raised with them by the Commissioner if they are required to do so by the law. The legislation is therefore a last resort option to be used by the Commissioner only when all other methods of bringing parties together have failed. This legislation is critically important because it is in those instances that proposed legislation will bring fairness back into the equation.”
“Often in these cases larger businesses or those with more resources, are not motivated to change their behaviour, because small businesses are not typically in the financial position to take matters to court, do not have the time or skills to gather evidence of breaches of competition law, or fear retribution if they take action or make a complaint.”
“The Commissioner has also received feedback from the small business sector that they need assistance in their dealings with State and local government bodies when they feel that they have been dealt with unfairly.”
“The role of the Small Business Commissioner is critical, as the Office of the Small Business Commissioner is responsible for providing low cost mediation services for small businesses to keep disputes out of court – as small business can often not afford to pursue costly and lengthy legal action. The Commissioner also operates a free service which assists small businesses to navigate through government and obtain answers to specific problems and reduce bureaucratic red tape more generally.”
“The Commissioner must develop strong working relationships with big businesses, as well as with small businesses. By earning the trust and respect of big business, the Commissioner will be able to help resolve issues between big and small businesses, to the benefit of both parties.”
“The Commissioner’s advocacy role for individual small business cases is limited to those instances where there is an allegation of ‘unfair’ or unconscionable treatment of a small business.”
“The role of the Office of the Small Business Commissioner is not to take sides or make a judgement about which part is right or wrong, it simply provides a starting point for small businesses to access low cost mediation services which allow parties to a dispute to resolve a situation without the need for time consuming, costly and complex legal action.”
“When mediation is undertaken through the Office of the Small Business Commissioner, neither party will be forced into making a decision or a commitment they do not agree with. In some cases, if mediation is unsuccessful despite the best efforts of both parties, it may be necessary for the matter to progress to another level, such as a tribunal or court.”
