Small Business Commissioner Act 2022

As soon as practicable after the application is made, the commissioner must either accept or dismiss the application.

The commissioner may dismiss the application if the commissioner considers the application—

does not relate to a small business dispute; or

is frivolous or vexatious; or

has not been made in good faith; or

has otherwise not been properly made.

For deciding whether or not a dispute is a small business dispute under subsection (2)(a), the commissioner may, for example, have regard to the following—

the number of employees each party employs;

the annual turnover of each party to the dispute.

If the commissioner decides to dismiss the application, the commissioner must give each party an information notice for the decision.

If the commissioner accepts the application, the commissioner must—

nominate a mediator to mediate the small business dispute; and

give written notice to the parties to the dispute of—

the mediator nominated to mediate the dispute; and

the time, date and place of the mediation conference to be conducted by the mediator.

The date of the mediation conference must be at least 7 days after the notice is given.

In this section—

the decision; and

the reasons for the decision; and

that the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36; and

how the party may apply for the review.