Franchising Industry Dispute Resolution Code
Under the Small Business Commissioner Act 2011 the South Australian Government has given the Small Business Commissioner the task of developing prescribed industry codes of conduct under the Fair Trading Act 1987. The fourth of these codes prepared by the Small Business Commissioner and Deputy Small Business Commissioner was the Fair Trading (Franchising Industry Dispute Resolution Code)Regulations 2015 known as the Franchising Industry Dispute Resolution Code.
The development of industry codes is in line with the Government’s intention to create a fairer and more competitive small business sector. The Code gives South Australian franchising participants the ability to access an enforceable mandatory dispute resolution framework to assist in dealing with a wide range of business to business disputes, as well as business to Local or State Government.
Please note that the Office of the Small Business Commissioner can assist with franchise disputes informally and provide advice on the appropriate path for dispute resolution. It is important that the dispute resolution procedures in the franchise agreement or the Federal Franchising Code are followed in the first instance. If there is no resolution, South Australia’s Franchise Code may be activated by the Small Business Commissioner.
The then Minister for Small Business, Hon Tom Koutsantonis MP sought feedback from industry and small business in relation to the draft regulation before it was passed as law on 8 October 2015.
Please click on the link below to download the Franchising Industry Dispute Resolution Code and additional information -
Overview of the Franchising Code (763 kb, PDF)
Where a franchsing participant seeks to have a dispute resolved under the Fair Trading (Franchising Industry Dispute Resolution Code)Regulations 2015, a written application must first be submitted to the Office of the Small Business Commissioner.
The written application may be sent electronically via the Lodge a Franchising Dispute Form here, or print the following Application to Lodge a Dispute form -
Application to Lodge a Dispute form (54 kb, PDF)
Send the completed form and copies of supporting documentation to the Office via -
Fax: 08 8303 0943, or
Post to -
Office of the Small Business Commissioner
GPO Box 1264
ADELAIDE SA 5001
For further enquiries, please contact the Office of the Small Business Commissioner on toll free 1800 072 722 or 08 8303 2026.