“The Commissioner be an independent statutory officer with the appointment and removal of the Commissioner made by the Governor of NSW.”
“The Commissioner, the Commissioner’s staff, and mediators receive protections and immunities from liability when exercising functions under the Act in good faith.”
“Investigate complaints which can be received by the Commissioner or investigate matters of the Commissioner’s own volition, regarding allegations of unconscionable conduct or unfair practices affecting small business and facilitate resolution of such complaints or matters. This may include working collaboratively with other bodies and referring matters where appropriate.”
“The ability to require information from a person within a specified timeframe, in relation to dealings with small businesses which are consistent with the functions of the Commissioner.”
“The ability to require a person to answer questions and otherwise assist in a matter, within a specified timeframe, to allow the Commissioner to exercise his or her functions.”
“The ability to seek an injunction from the Supreme Court to ensure conduct by a person, business or state or local government body does not affect an ongoing investigation.”
“The ability to issue a public warning statement or an alert about matters that affect small business, where it is in the public interest.”
“The ability to initiate proceedings, of the Commissioner’s own volition, in a case relating to anti-competitive conduct with respect to a small business.”
“The ability to make representations, or join an action, in civil proceedings brought before a court, in matters of the public interest.”
“To ensure government bodies understand the importance of participating in mediation with a small business in relation to a small business dispute, it is proposed that the Small Business Commissioner will enter into a Memorandum of Understanding with government bodies which will require them to participate in mediation at the formal request of the Small Business Commissioner.”
“To encourage private sector businesses to attend mediation with a small business in relation to small business disputes, it is proposed that private sector businesses will have the opportunity to be recognised on a published list of ‘small business friendly’ organisations.”
“The ability to utilise a mechanism, a ‘collective complaint’, to investigate an issue that has the potential to significantly harm the interests of a group of small businesses.”
“The discretion to conduct an investigation into the treatment of a small business by a State or local government body.”
“Arrangements which allow the Commissioner to share information with other complaint-handing bodies.”
“The ability to develop and administer an industry code which regulates the relationships between businesses in a particular industry to enable the Small Business Commissioner to assist small businesses in their dealings with larger businesses. This approach has been adopted in South Australia.”
“The ability to assist small businesses in the use of the collective bargaining provisions within the Competition and Consumer Act 2010, so that they can benefit from having a collective voice.”
