Key reforms to the Small Business Commissioner Act 2011, Retail and Commercial Leases Act 1995 and related Acts were passed by Parliament late 2024 and came into effect as of 1 July 2025.

With these changes comes a renewed focus on broader dispute resolution support for small businesses in South Australia, legislated advocacy functions and a clear pathway to resolve disputes in a way that is tailored to the needs of small businesses.

New Name, Stronger Role

  • We’re now the Small Business Commission SA, a name that better reflects our expanded role and responsibilities.
  • The Commission is recognised as a standalone body with clearer powers to support small businesses across South Australia.
  • Whether you’re in retail, hospitality, construction, farming, health or professional services, you now have access to the same level of support through the Commission, even if you were party to a retail shop lease.
  • If you reach an agreement through our dispute resolution process you can now apply to the Magistrates Court to have that agreement enforced as a minor civil action - designed to be a quicker, simpler and more cost effective way of resolving disputes in court.

You can access the Statutes Amendment (Small Business Commission and Retail and Commercial Leases) Act 2024 | South Australian Legislation via this link.

Frequently Asked Questions

As of 1 July 2025, the Small Business Commissioner SA will become the Small Business Commission.  The office's transition to a Commission reflects our identity as an independent statutory authority with specific functions centred around our advocacy role and our collaboration with industry associations to hear about and amplify matters affecting small businesses.

Changes to the Small Business Commissioner Act 2011 (SBC Act) and the Retail and Commercial Leases Act 1995 (RCLA) which commence on 1 July 2025 mean that the Commission can, from this date, provide the same level of support to small business owners seeking assistance with alternative dispute resolution, irrespective of the industry sector they operate within.

The ability to provide heightened and consistent support across all matter types will be facilitated through our designated dispute resolution process where necessary.  This process empowers the Commission to compel one or more party to attend mediation where, in the Commission's view, it would benefit resolution of the dispute.

As part of the designated dispute resolution process, the Commission is, in most cases, required to issue a certificate certifying the outcome of a designated alternative dispute resolution process within 21 business days of the Commission giving written notice to the parties of the dispute.

The requirement for the Commission to issue the certificate within 21 business days ensures accountability on behalf of the Commission and ensures that designated alternative dispute resolution processes do not unnecessarily delay resolution.  The certificate will state whether the dispute was resolved and note if a party refused to attend mediation, along with any reasons for the failure to attend.

A party may refuse to participate in designated alternative dispute resolution by notifying the Commission within 10 business days of receiving notification that the process has commenced.  Within 3 business days, the Commission will respond to the notice indicating whether the process will continue or cease.

Penalties of $20,000 apply for parties who fail to attend an alternative dispute resolution process such as mediation or who refuse to provide a document or item required for the purpose of dispute resolution in the absence of reasonable excuse.

Where an agreement is reached as a result of alternative dispute resolution and one party does not comply with their obligations, the other party will have the ability to apply to the Magistrates Court for enforcement of the agreement as a minor statutory proceeding via a streamlined process that is less costly, typically faster and not as formal in comparison to general division claims.

Much of the office's day to day operations will remain unchanged, particularly in terms of our determination to achieve unwavering equity for small businesses.  We will remain outcome focused, supporting you through your dispute with a display of empathy and understanding.

We will continue to strive to provide fast, fair and low cost dispute resolution with no changes to our subsidised mediation fees.  Working with our dispute resolution advisors through negotiations will also remain free of charge.

Most importantly, we will continue to be your side through stressful disputes as creative problem solvers, offering flexibility in acknowledgement of the various challenges small business owners face when taken away from everyday operations.

For matter where an outcome is reached on or after July 1, 2025, your matter can be commenced as a minor civil action.  Please contact the Courts Administration Authority on freecall 1800 571 191 for direction on how to commence the process.

Minor changes have been made to aspects of the Retail and Commercial Leases Act 1995 (RCLA), to remove certain areas of ambiguity in regard to retail and commercial leasing.

Under RCLA, it is now clear to parties that:

  • The warranty of fitness of purpose also appllies to renewals, extensions and new leases between the same parties (whether on the same or different terms).
  • Where a shopping centre lease agreement already contains an existing right or option to renew or extend the lease, Division 3 of RCLA does not apply.
  • Provisions around abandoned goods apply not only when a lease is terminated, but also when it naturally expires.

Amendments to the Fair Trading Act 1987, the Farm Debt Mediation Act 2018, the Late Payment of Government Debts (Interest) Act 2013 and the Work Health and Safety Act 2012 simply replace redundant references to the office with references to the newly established Commission.  There are no practical impacts of these changes.