Please note: this is an old article
It was published in April 2012, so the information may be out-of-date.
Did you know that there is an independent, quick, successful and low cost service available to businesses to assist in the resolution of business disputes with other businesses or government?
The Office of the Victorian Small Business Commissioner was established in 2003 to achieve a fair and competitive operating environment for small business. The Commissioner is a statutory appointee, providing independence to the functions of the Office.
There is no definition of ‘small business' in the legislation, and the Office has never considered the size of a business bringing issues to its attention.
While the Commissioner has a range of functions, the core function of the Office is to provide a dispute resolution service for business. It does this in three main ways:
• information and education programs to promote informed decision making by small and medium business to help minimise disputes, and to know their rights and obligations;
• preliminary assistance - at no cost - to resolve disputes prior to formal mediation; and
• timely, low cost - $195 per party per session - resolution of disputes by mediation with independent, experienced mediators. These can be conducted in regional areas.
The Commissioner has a general dispute resolution function under the Small Business Commissioner Act 2003, but also has a statutory dispute resolution role for Retail Lease, Owner Drivers and Forestry Contractor, and Farm Debt disputes, under the respective Acts.
General business disputes can include disputes relating to franchises, commercial leases, supply chain issues, service agreements, tender processes, or any other type of contract dispute.
In 2010/11, the Office received 8,000 phone calls and handled over 1,500 dispute applications. Over one third were resolved through officer engagement with the parties while, of the matters that went to mediation, nearly 80% were successfully settled.
For more information about business disputes or to find out more about the Small Business Commissioner, contact the Office on 9651 9316 or visit www.sbc.vic.gov.au.