Small Business Commissioner Act 2022

This Act may be cited as the Small Business Commissioner Act 2022.

This Act commences on 3 May 2022.

The main object of this Act is to establish the office of small business commissioner to—

enhance the operating environment for small businesses in Queensland; and

reduce the time and costs associated with resolving disputes involving small businesses.

The dictionary in schedule 1 defines particular words used in this Act.

There is to be a small business commissioner.

The main functions of the commissioner are—

to provide a central point of contact in relation to matters affecting small businesses; and

to provide information and advisory services to the public about matters relating to small businesses; and

to assist parties in reaching an informal resolution for small business disputes, including by facilitating the exchange of information between the parties; and

to provide alternative dispute resolution services and administer a mediation process for small business disputes; and

to advocate on behalf of small businesses to—

the State, the Commonwealth, another State or a local government; or

any other entity involved in administering a matter relevant to small businesses; and

to work collaboratively with the equivalent of the commissioner in other States or the Commonwealth to enhance conditions for small businesses; and

to perform functions conferred on the commissioner under another Act; and

to carry out other activities to further the objects of this Act, as directed by the Minister.

The commissioner has all the powers necessary for performing the commissioner’s functions under this Act or conferred on the commissioner under another Act.

The commissioner may delegate a power of the commissioner under this Act or another Act to a public service officer who is appropriately qualified to exercise the power delegated.

The commissioner is appointed by the Governor in Council on the recommendation of the Minister.

The Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.

The commissioner holds office for the term, of not more than 5 years, stated in the commissioner’s instrument of appointment.

A person may be re-appointed as commissioner only once for a further term of not more than 5 years.

The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.

A person holds office as the commissioner on the conditions decided by the Governor in Council.

The commissioner is appointed under this Act and not the Public Service Act 2008.

This section applies if a person who is a public service officer is appointed as commissioner.

The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.

At the end of the person’s term of office or resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.