Small Business Commission Act 2011

a person who holds an office established by an Act;

an administrative unit;

a council established under the Local Government

any incorporated or unincorporated body—

established for a public purpose by an Act; or

established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations);

established or subject to control or direction by the Governor, a

an entity prescribed by the regulations to be a government agency to which this Act applies, but does not include an entity excluded from the ambit of this definition by the regulations;

The Small Business Commission is established.

The Commission is to be constituted by the Commissioner, and is an agency of the Crown.

There will be a Small Business

The Commissioner will be appointed by the

deal with issues concerning the small business sector in an independent manner; and

promote a fair operating environment in which small businesses can thrive; and

provide small businesses with general advice and assistance;

facilitate the timely and cost-effective resolution of disputes involving small businesses through appropriate forms of alternative dispute resolution.

The functions of the Commission are to—

facilitate the resolution of disputes involving small businesses through alternative dispute resolution; and

support small business owners in their dealings with other businesses or government agencies through the provision of general advice and assistance; and

collaborate with industry associations on matters impacting small businesses to ensure that optimal outcomes are achieved; and

identify issues and trends in the small business sector, and where appropriate, provide recommendations to the Minister or government agencies;

make representations or take any action on behalf of small businesses, either on the Commission's own initiative or at the request of a small business; and

administer Part 3A (Industry codes) of the

administer Part 3B (Regulation of motor vehicle insurers and repairers) of the Fair Trading

monitor, investigate and advise the Minister about—

non-compliance with industry codes that may adversely affect small businesses; and

non-compliance with an applicable industry code of conduct declared under section 28I of the Fair Trading

market practices that may adversely affect small businesses;

report to the Minister on any aspect of the Commission's functions at the request of the Minister or on the Commission's own initiative;

take any other action considered appropriate by the Commission for the purpose of facilitating and encouraging the fair treatment of small businesses; and

perform any other functions conferred on the Commission by or under this or any other Act.

The Commission is to perform the functions with a view to the development and maintenance in South Australia of relationships between small businesses and other businesses, and small businesses and State and local government bodies, that are based on dealings conducted fairly and in good faith.

The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Subject to this section, the Minister may give directions to the

The Minister—

may not give a direction in relation to the investigation, mediation or resolution of a particular complaint or dispute; and

must consult with the Commission before giving a direction.

A Ministerial direction to the Commission—

must be communicated to the Commission in writing;

must be included in the annual report of the Commission under the

The Commissioner will be appointed for a term not exceeding

The appointment of the Commissioner may be terminated by the

has been guilty of misconduct; or

has been convicted of an offence punishable by imprisonment;

has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

has been disqualified from managing corporations under

has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

is incompetent or has neglected the duties of the position.

The appointment of the Commissioner is terminated if the

becomes a member, or a candidate for election as a member, of the

is sentenced to imprisonment for an offence.

The Commissioner may resign by notice in writing to the Minister of not less than 3 months (or such shorter period as is accepted by the

The Minister may appoint a person (who may be a Public Service employee) to be the Deputy Small Business

The Deputy may—

act as the Commissioner during any period for which—

no person is for the time being appointed as the Commissioner;

the Commissioner is absent from, or unable to discharge, official duties; and

when not so acting, perform functions or exercise powers of the

The Minister may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—

no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties;

no person is for the time being appointed as the Deputy or the

The terms and conditions of appointment of the Deputy or other person appointed to act as the Commissioner will be determined by the

The Commissioner has all the functions and powers of the

All acts and things done by the Commissioner in the name of or on behalf of the Commission are taken to have been done by the

The Commission's staff consists of—

the Deputy and any acting Commissioner appointed under section 8; and

Public Service employees assigned to assist the Commission;

persons employed by the Commission, with the consent of the

The Commissioner may, under an arrangement established by the