Office of the South Australian Small Business Commissioner
The Office of the South Australian Small Business Commissioner (SASBC) is an independent statutory authority set up in March 2012 to assist small business owners in South Australia resolve disputes with other business owners or state and local government.
The Commissioner is established under the Small Business Commissioner Act 2011.
The SASBC provides advice to business parties who are involved in a dispute to assist those parties in understanding their rights and responsibilities. However, the Commissioner does not provide legal advice.
- Facilitate alternative dispute resolution processes between small businesses, and between small businesses and state or local government.
- Advocate on behalf of the small business community, or a section of it, regarding collective issues.
- Collaborate with stakeholders and engage with small businesses to provide information and guidance.
- Regulate by administering and enforcing legislative powers and responsibilities assigned to the Small Business Commissioner.
- Deliver a fair, timely and consistent services to, and on behalf of, South Australian small businesses.
In addition to the Commissioner's role under the Small Business Commissioner Act 2011, the Small Business Commissioner is the statutory office holder responsible for the administration of the following Acts:
- Retail and Commercial Leases Act 1995: there is a role performed to monitor, investigate and ensure compliance with the Act. Further details about retail and commercial leasing matters and bonds are found on this site.
- Building and Construction Industry Security of Payment Act 2009: provides a mechanism for subcontractors and suppliers in the building and construction industry to claim money that is owing to them. Information on the building and construction Industry security of payment is found on this site.
- Farm Debt Mediation Act 2018: provides for the mediation of disputes between farmers and creditors relating to debt incurred in the conduct of farming operations. Information on farm debt mediation is found on this site.
The Small Business Commissioner has additional responsibilities under the following Acts:
- Work Health and Safety Act 2012: the role of the Small Business Commissioner is to consult with small business and seek feedback on new codes of practice under the Act. Information on the WHS codes of practice is found on this site.
- Late Payment of Government Debts (Interest) Act 2013: the role of the Small Business Commissioner is to act as an arbiter, in the event that there is a dispute between an agency and a small business vendor as to whether interest is payable on a particular overdue invoice.
- COVID-19 Emergency Response Act 2020: provided the opportunity for tenants and their landlords to negotiate in good faith and, where necessary for rental disputes between lessors and affected lessees that relate to the COVID-19 pandemic before 4 January 2021.