The New South Wales Small Business Commissioner ('the Commissioner') provides cost-effective mediation services to help small businesses resolve disputes without the high costs and delays of going to court. The Commissioner advocates for fair treatment and supports productive relationships for small businesses.
The Commissioner aims to empower small businesses in NSW by offering advocacy and mediation support, giving them a voice at the highest level. They speak up on issues affecting small businesses and work with governments, industry, and the community to create a better business environment. Small businesses can make complaints to the Commissioner for assistance.
What types of complaints can you make?
The NSW Small Business Commissioner can hear complaints relating to unfair business practices, including:
- Unfair Treatment or Unfair Contracts: Complaints about unfair contract terms.
- Example: A contract allows one party to terminate without notice but requires the other party to pay a fee and give notice.
- Faster Payment Terms: Complaints about NSW Government agencies not following the Faster Payment Terms Policy, which requires payment within 5 business days of receiving a correctly rendered invoice.
Note: You must first complain to the relevant agency’s accounts complaints officer.
- Disputes with Contractors and Sub-Contractors: Complaints about payment delays under the Building and Construction Industry Security of Payment Act 1999 (NSW).
- Example: Contractors or sub-contractors not being paid within the required timeframes after issuing invoices.
- Disputes over Retail Leases: Complaints about liabilities or obligations under a Retail Shop Lease, even if the lease has ended.
- Example: Disputes about security bond returns or lease conditions.
- Franchise Disputes: Complaints about franchising disputes, including issues with disclosure documents and compliance with the Franchising Code of Conduct.
- Example: A franchisee was unaware of mandatory contributions to a marketing fund due to lack of disclosure.
- Disputes between Motor Dealers/Motor Industry Groups and Motor Vehicle Manufacturers: Complaints about unfair supply contracts and unjust conduct by manufacturers.
- Example: A supply contract allows the manufacturer to change prices without notice.
Jurisdiction:
The small business making the complaint must be located in NSW.
Time Limitations:
General complaints have no specific time limit, but legal complaints may have time limits, such as a 6-year limit for breach of contract.
The Commissioner will not deal with complaints about:
The Commissioner cannot hear disputes about the market value of rent under a Retail Lease.
Who can you make a complaint against?
You can make a complaint against:
- Landlords and Tenants: Complaints related to Retail Leases.
- Other Businesses: Complaints about unfair treatment, practices, or contracts involving small businesses.
- Government Agencies/Local Government: Complaints about commercial dealings with government entities.
- Motor Vehicle Manufacturers: Complaints by Motor Dealers about unfair supply contracts or unjust conduct.
Are you eligible to make a complaint?
Who can make a complaint?
- Any small business in NSW can make a complaint.
- Motor Dealers and Motor Industry Groups can complain about supply contracts with manufacturers.
- Landlords or tenants can complain about Retail Leases.
Before you lodge a complaint:
The Commissioner must be satisfied that alternative dispute resolution services provided by the Commissioner have failed before a complaint can proceed to court.
Complaints on Behalf of Someone:
Yes, complaints can be made on behalf of a small business with permission.
What can this body do to help?
The Commissioner may provide:
- Mediation: A cost-effective service to resolve disputes, often necessary before proceeding to court or the NSW Civil and Administrative Tribunal.
- Investigation: The Commissioner may investigate how small businesses are treated by other businesses or government agencies.
- Advocacy: The Commissioner can advocate for small businesses, raising important issues with governments or larger businesses.
How to prepare your complaint
Format:
Complaints can be made online (found here), by phone, or by post.
Personal Details:
Include your first and last name, email address, phone number, preferred method of contact, business name, and street address.
Respondent’s Details:
Provide the respondent's name, ABN or ACN, contact number, email address, and street address.
Relevant Facts:
Clearly state the issue, describe the conduct, provide relevant documents, include dates, times, locations, names of staff, and reference numbers, and outline the desired resolution.
What NOT to Include:
False or misleading information, repeated information, and abusive or harassing language.
Lodging your complaint and next steps:
Where to lodge your complaint:
- Online: To make a general complaint online you can use this online form. To apply directly for mediation, use this online application form.
- Email: we.assist@smallbusiness.nsw.gov.au
- Post:
NSW Small Business Commissioner
PO BOX W275
Parramatta NSW 2150
- Telephone: 1300 795 534 (8:30am to 5:00pm, Monday to Friday)
- In person:
- 4 Parramatta Square
12 Darcy Street
Parramatta NSW 2150
(8:30am to 5:00pm, Monday to Friday)
- 4 Parramatta Square
Assessment of Complaint:
The Commissioner will assess the complaint to determine whether to intervene, considering if it involves unfair treatment, practices, or contracts, or if it is in the public interest.
Investigation of Complaint:
Preliminary investigations may be conducted to decide how to handle the complaint, including asking for more information.
Notice of Decision:
The Commissioner must notify the complainant of the decision on whether to deal with the complaint and how it will be handled.
Mediation:
If proceeding to mediation, a Mediation Officer will contact the parties, and a mediator will be appointed, with mediation usually scheduled within 3 to 5 weeks.
More information:
Refer to the factsheet provided below for more information.
