The Australian Small Business and Family Enterprise Ombudsman ('ASBFEO') is an independent advocate for small businesses and family enterprises. They provide support with dispute resolution and help businesses access government support. The ASBFEO recognises the unique challenges these businesses face and aims to resolve disputes quickly and efficiently. Small businesses and family enterprises can make complaints or request assistance from the ASBFEO for various issues they encounter.
What types of complaints can you make?
Complaints
Complaints can be made to the ASBFEO about laws, policies, and practices affecting small businesses and family enterprises.
- Laws: Laws that adversely impact small businesses or are difficult to comply with.
- Example: ASBFEO reviewed changes in Commonwealth procurement rules affecting small businesses.
- Policies: Ineffective existing policies or the need for new or improved policies.
- Example: ASBFEO suggested improvements to disaster resilience policies for small businesses.
- Practices: Practices of Commonwealth Government agencies, including challenges in complying with practice standards and regulatory procedures.
- Example: ASBFEO investigated the availability of affordable insurance for small businesses.
Requests for Assistance
Requests for assistance can be made to ASBFEO regarding disputes between small businesses, family enterprises, and other businesses or Commonwealth agencies.
- Recovering Unpaid Invoices: Assistance in recovering unpaid invoices and other payment disputes.
- Retail Lease Disputes: Help navigating and resolving disputes involving retail leases.
- Disputes with Other Businesses: Assistance in resolving disputes with other businesses.
- Contract Disputes: Help with contractual disputes.
- Tax Concierge Service: Assistance navigating the Administrative Appeals Tribunal ('AAT') process for tax matters.
- Franchising: Guidance through dispute resolution processes under the Franchising Code of Conduct or referral to an Alternative Dispute Resolution practitioner.
- Industry Codes: Information on mandatory codes, options to resolve disputes, and access to mediation services.
- Disputes Involving a Government Entity: Assistance with disputes involving a government entity, such as the Australian Taxation Office or Australia Post.
Jurisdiction:
ASBFEO can receive complaints and requests for assistance under Commonwealth law and applicable State and Territory laws.
Specific Scope - Relevant Actions:
- Actions by Commonwealth agencies, constitutional corporations, or entities affecting small businesses in trade or commerce.
- Actions related to insurance, banking, telecommunications, or intellectual property affecting small businesses.
- Assistance is limited to disputes with businesses or agencies operating within Australia.
Time Limitations:
- No time limit on making complaints.
- For assistance requests, acting promptly is recommended, especially if aware of the dispute for over 12 months.
The ASBFEO will not deal with complaints about:
- ASBFEO only assists small businesses and family enterprises.
- Cannot act on disputes involving Commonwealth, State, or Territory Ministers, court orders, or parliamentary proceedings.
Who can you make a complaint against?
You can make a complaint against:
- Commonwealth Agencies: Includes agencies like the Australian Taxation Office, Fair Work Commission, etc.
- Constitutional Corporations: Any trading or financial corporation within Australia or overseas corporations.
- Entities: Companies involved in trade or commerce between Australia and other countries or States/Territories.
Are you eligible to make a complaint?
Who can make a complaint?
Any owner of an Australian small business or family enterprise can make a complaint or request assistance.
Before you lodge a complaint:
Understand the dispute, talk to the other party, and put it in writing before seeking third-party help.
On Behalf of Someone:
Preferable for the business owner to make the request; others need permission from the owner.
What can this body do to help?
The ASBFEO may provide:
- Referrals: May direct you to a more appropriate agency, with your consent.
- Direct ASBFEO Involvement: Case management officers facilitate discussions, prepare documents, and provide advice.
- Mediation: Access to mediator services for negotiating a resolution.
- Conciliation: Voluntary conciliation to help parties reach an agreement.
- Alternative Dispute Resolution: Access under specific industry codes (Franchising, Horticulture, Dairy, Oil).
- Inquiry, Reports, and Recommendations: ASBFEO may conduct inquiries and provide recommendations on laws, policies, and practices affecting small businesses.
How to prepare your complaint
Format:
Complaints can be made in writing by completing the online form.
Requests for assistance can be made through ASBFEO’s dispute support tool, in writing via an online form, or verbally over the phone for urgent matters.
For tax related disputes, use this form.
Complex or less urgent requests for assistance are usually better submitted in writing via the online form so that you can provide supporting documentation.
If you require an interpreter, this can be arranged by the ASBFEO.
Personal Details:
You can choose to make identified or anonymous complaints and submissions.
For assistance requests, you will need to provide personal information. This includes:
- Your first and last name
- Your email address and phone number
- Your ABN or ACN
- Your business name and address
- Relevant Facts
Respondent’s Details:
You will need to provide the contact details of the other party, including:
- Their first and last name
- Their email address and phone number
Relevant Facts:
Detailed information about the dispute, steps taken to resolve it, and desired outcome.
What NOT to Include:
False or misleading statements; illegal or offensive content.
Lodging your complaint and next steps:
Where to Lodge:
- Online form: Consultation feedback | ASBFEO
- Email: info@asbfeo.gov.au
- Post: GPO Box 1791, Canberra, ACT 2601
- Telephone: 1300 650 460 Monday to Friday, 8am – 8pm
- In person: ANZ Building, Level 2, 15 Moore Street, Canberra, ACT 2601
Receipt:
ASBFEO will contact you within a short time frame for assistance requests; phone acknowledgements are immediate.
Assistance Request Initial Examination:
Case management officers will examine your request and discuss options.
Additional Information:
Provide all relevant information and keep ASBFEO updated on any changes. Keep a copy of your complaint for reference.
More information:
Refer to the factsheet provided below for more information.
