{"id":"F2016L00293","name":"Australian Small Business and Family Enterprise Ombudsman Rules 2016","slug":"australian-small-business-and-family-enterprise-ombudsman-rules-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94251,"registerId":"commonwealth-F2016L00293-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Small Business and Family Enterprise Ombudsman Rules 2016","content":"![](image.001.png)\n\nAustralian Small Business and Family Enterprise Ombudsman Rules 2016\n\nmade under section 96 of the\n\nAustralian Small Business and Family Enterprise Ombudsman Act 2015\n\nThe Hon Kelly O’Dwyer MP \nMinister for Small Business\n\n#### 1 Name of Rules\n\n These Rules are the Australian Small Business and Family Enterprise Ombudsman Rules 2016.\n\n#### 2 Commencement\n\n These Rules commence on the day the Australian Small Business and Family Enterprise Ombudsman Act 2015 commences.\n\n#### 3 Definitions\n\n In these Rules:\n\n> Act means the Australian Small Business and Family Enterprise Ombudsman Act 2015\n\n> Ombudsman means the Australian Small Business and Family Enterprise Ombudsman\n\n \n\n4 Prescribed Agencies\n\n#### (1) The following agencies are prescribed under section 8(1)(d) of the Act:\n\n| (a) Airline Customer Advocate |\n| ------------------------------------------------------- |\n| (b) Australian Charities and Not-for-profits Commission |\n| (c) Australian Competition and Consumer Commission |\n| (d) Australian Energy Regulator |\n| (e) Australian Federal Police |\n| (f) Australian Human Rights Commission |\n| (g) Australian Securities and Investments Commission |\n| (h) Commonwealth Ombudsman |\n| (i) Credit and Investments Ombudsman |\n| (j) Defence Force Ombudsman |\n| (k) Fair Work Building Industry Inspectorate |\n| (l) Fair Work Commission |\n| (m) Fair Work Ombudsman |\n| (n) Financial Ombudsman Service |\n| (o) Horticulture Mediation Adviser |\n| (p) Immigration Ombudsman |\n| (q) Inspector-General of Intelligence and Security |\n| (r) Inspector-General of Taxation |\n| (s) Intellectual Property Australia |\n| (t) Law Enforcement Ombudsman |\n| (u) Norfolk Island Ombudsman |\n| (v) Office of the Australian Information Commissioner |\n| (w) Office of the Franchising Mediation Adviser |\n| (x) Oilcode Dispute Resolution Adviser |\n| (y) Overseas Students Ombudsman |\n| (z) Postal Industry Ombudsman |\n| (aa) Private Health Insurance Industry Ombudsman |\n| (ab) Produce and Grocery Industry Ombudsman |\n| (ac) Superannuation Complaints Tribunal |\n| (ad) Telecommunications Industry Ombudsman |\n| (ae) .au Domain Administration Ltd |\n\n#### (2) The following agencies are prescribed under section 8(2)(e) of the Act:\n\n| (a) Anti-Discrimination Board of New South Wales |\n| ----------------------------------------------------------------------------------------------------------------------------------- |\n| (b) Anti-Discrimination Commission of Queensland |\n| (c) Australian Capital Territory Bar Association |\n| (d) Australian Capital Territory Civil and Administrative Tribunal |\n| (e) Australian Capital Territory Human Rights Commission |\n| (f) Australian Capital Territory Office of the Director of Public Prosecutions |\n| (g) Australian Capital Territory Ombudsman |\n| (h) Bar Association of Queensland Incorporated |\n| (i) Business Enterprise Centre Darwin Region Incorporated |\n| (j) Consumer Affairs Victoria |\n| (k) Consumer and Business Services, South Australian Attorney-General’s Department |\n| (l) Consumer Protection, West Australian Department of Commerce |\n| (m) Dispute Resolution Branch, Queensland Department of Justice and Attorney-General |\n| (n) Dispute Settlement Centre of Victoria |\n| (o) Energy and Water Industry Ombudsman South Australian |\n| (p) Energy and Water Ombudsman New South Wales |\n| (q) Energy and Water Ombudsman Queensland |\n| (r) Energy and Water Ombudsman Victoria |\n| (s) Energy and Water Ombudsman Western Australia |\n| (t) Energy Ombudsman of Tasmania |\n| (u) Environment and Planning Directorate, Australian Capital Territory Government(v) Equal Opportunity Commission Western Australia |\n| (w) Fair Trading, Australian Capital Territory Office of Regulatory Services |\n| (x) Law Institute of Victoria |\n| (y) Law Society of New South Wales |\n| (z) Law Society of South Australia |\n| (aa) Law Society of Tasmania |\n| (ab) Law Society of the Australian Capital Territory |\n| (ac) Law Society of the Northern Territory |\n| (ad) Law Society of Western Australia |\n| (ae) Legal Aid Queensland |\n| (af) New South Wales Bar Association |\n| (ag) New South Wales Civil and Administrative Tribunal |\n| (ah) New South Wales Fair Trading |\n| (ai) New South Wales Information and Privacy Commission |\n| (aj) New South Wales Ombudsman |\n| (ak) New South Wales Police |\n| (al) New South Wales Small Business Commissioner |\n| (am) New South Wales Trustee and Guardian |\n| (an) Northern Territory Anti-Discrimination Commission |\n| (ao) Northern Territory Bar Association |\n| (ap) Northern Territory Civil and Administrative Tribunal |\n| (aq) Northern Territory Community Justice Centre |\n| (ar) Northern Territory Consumer Affairs |\n| (as) Northern Territory Office of the Director of Public Prosecutions |\n| (at) Northern Territory Police |\n| (au) Office of Fair Trading, Queensland Department of Justice and Attorney-General |\n| (av) Office of Information Commissioner Queensland |\n| (aw) Office of the Anti-Discrimination Commission Tasmania |\n| (ax) Office of the Commissioner for Body Corporate and Community Management Queensland |\n| (ay) Office of the Director of Public Prosecutions for Western Australia |\n| (az) Office of the Director of Public Prosecutions New South Wales |\n| (ba) Office of the Director of Public Prosecutions Queensland |\n| (bb) Office of the Director of Public Prosecutions Tasmania |\n| (bc) Office of the Health Ombudsman Queensland |\n| (bd) Office of the Information Commissioner Northern Territory |\n| (be) Office of the Public Guardian Queensland |\n| (bf) Ombudsman for the Northern Territory |\n| (bg) Ombudsman South Australia |\n| (bh) Ombudsman Tasmania |\n| (bi) Ombudsman Western Australia |\n| (bj) Public Transport Ombudsman Victoria |\n| (bk) Public Trustee for South Australia |\n| (bl) Public Trustee for Tasmania |\n| (bm) Public Trustee for the ACT |\n| (bn) Public Trustee for the Northern Territory |\n| (bo) Public Trustee for Western Australia |\n| (bp) Public Trustee of Queensland |\n| (bq) Queensland Building and Construction Commission |\n| (br) Queensland Civil and Administrative Tribunal |\n| (bs) Queensland Crime and Corruption Commission |\n| (bt) Queensland Law Society |\n| (bu) Queensland Legal Services Commission |\n| (bv) Queensland Ombudsman |\n| (bw) Queensland Police |\n| (bx) Small Business Commissioner for Western Australian |\n| (by) Small Business Commissioner South Australia |\n| (bz) South Australia Equal Opportunity Commission |\n| (ca) South Australia Police |\n| (cb) South Australian Bar Association |\n| (cc) South Australian Civil and Administrative Tribunal |\n| (cd) South Australian Office of the Director of Public Prosecutions |\n| (ce) State Administrative Tribunal of Western Australian |\n| (cf) State Trustees Victoria |\n| (cg) Surveyors Board Queensland |\n| (ch) Tasmania Police |\n| (ci) Tasmanian Bar Association |\n| (cj) Tasmanian Health Complaints Commissioner |\n\n \n\n| (ck) Tasmanian Office of Consumer Affairs and Fair Trading including the Commissioner for Corporate Affairs |\n| ----------------------------------------------------------------------------------------------------------- |\n| (cl) The Victorian Bar Incorporated |\n| (cm) Tolling Customer Ombudsman |\n| (cn) Victoria Police |\n| (co) Victorian Building Authority(cp) Victorian Civil and Administrative Tribunal |\n| (cq) Victorian Equal Opportunity and Human Rights Commission |\n| (cr) Victorian Office of the Director of Public Prosecutions |\n| (cs) Victorian Ombudsman |\n| (ct) Victorian Small Business Commissioner |\n| (cu) Western Australia Police |\n| (cv) Western Australian Bar Association(cw) West Australian Industrial Relations Commission |\n\n#### (3) The following agencies are prescribed under sections 86(1)(g) and 86(1)(h) of the Act:\n\n```html\n

(a) Airline Customer Advocate

(b) Australian Charities and Not-for-profits Commission

(c) Australian Energy Regulator

(d) Australian Federal Police

(e) Australian Human Rights Commission

(f) Australian Securities and Investments Commission

(g) Commonwealth Ombudsman

(h) Credit and Investments Ombudsman

(i) Defence Force Ombudsman

(j) Fair Work Building Industry Inspectorate

(k) Fair Work Commission

(l) Fair Work Ombudsman

(m) Financial Ombudsman Service

(n) Horticulture Mediation Adviser

(o) Immigration Ombudsman

(p) Inspector-General of Intelligence and Security

(q) Inspector-General of Taxation

(r) Intellectual Property Australia

(s) Law Enforcement Ombudsman

(t) Norfolk Island Ombudsman

(u) Office of the Australian Information Commissioner

(v) Office of the Franchising Mediation Adviser

(w) Oilcode Dispute Resolution Adviser

(x) Overseas Students Ombudsman

(y) Postal Industry Ombudsman

(z) Private Health Insurance Industry Ombudsman

(aa) Produce and Grocery Industry Ombudsman

(ab) Superannuation Complaints Tribunal

(ac) Telecommunications Industry Ombudsman

(ad) .au Domain Administration Ltd

(ae) Anti-Discrimination Board of New South Wales

(af) Anti-Discrimination Commission of Queensland

(ag) Australian Capital Territory Bar Association

(ah) Australian Capital Territory Civil and Administrative Tribunal

(ai) Australian Capital Territory Human Rights Commission

(aj) Australian Capital Territory Office of the Director of Public Prosecutions

(ak) Australian Capital Territory Ombudsman

(al) Bar Association of Queensland Incorporated

(am) Business Enterprise Centre Darwin Region Incorporated

(an) Consumer Affairs Victoria

(ao) Consumer and Business Services, South Australian Attorney-General’s Department

(ap) Consumer Protection, West Australian Department of Commerce

(aq) Dispute Resolution Branch, Queensland Department of Justice and Attorney-General

(ar) Dispute Settlement Centre of Victoria

(as) Energy and Water Industry Ombudsman South Australian

(at) Energy and Water Ombudsman New South Wales

(au) Energy and Water Ombudsman Queensland

(av) Energy and Water Ombudsman Victoria

(aw) Energy and Water Ombudsman Western Australia

(ax) Energy Ombudsman of Tasmania

(ay) Environment and Planning Directorate, Australian Capital Territory Government

(az) Equal Opportunity Commission Western Australia

(ba) Fair Trading, Australian Capital Territory Office of Regulatory Services

(bb) Law Institute of Victoria

(bc) Law Society of New South Wales

(bd) Law Society of South Australia

(be) Law Society of Tasmania

(bf) Law Society of the Australian Capital Territory

(bg) Law Society of the Northern Territory

(bh) Law Society of Western Australia

(bi) Legal Aid Queensland

(bj) New South Wales Bar Association

(bk) New South Wales Civil and Administrative Tribunal

(bl) New South Wales Fair Trading

(bm) New South Wales Information and Privacy Commission

(bn) New South Wales Ombudsman

(bo) New South Wales Police

(bp) New South Wales Small Business Commissioner

(bq) New South Wales Trustee and Guardian

(br) Northern Territory Anti-Discrimination Commission

(bs) Northern Territory Bar Association

(bt) Northern Territory Civil and Administrative Tribunal

(bu) Northern Territory Community Justice Centre

(bv) Northern Territory Consumer Affairs

(bw) Northern Territory Office of the Director of Public Prosecutions

(bx) Northern Territory Police

(by) Office of Fair Trading, Queensland Department of Justice and Attorney-General

(bz) Office of Information Commissioner Queensland

(ca) Office of the Anti-Discrimination Commission Tasmania

(cb) Office of the Commissioner for Body Corporate and Community Management Queensland

(cc) Office of the Director of Public Prosecutions for Western Australia

(cd) Office of the Director of Public Prosecutions New South Wales

(ce) Office of the Director of Public Prosecutions Queensland

(cf) Office of the Director of Public Prosecutions Tasmania

(cg) Office of the Health Ombudsman Queensland

(ch) Office of the Information Commissioner Northern Territory

(ci) Office of the Public Guardian Queensland

(cj) Ombudsman for the Northern Territory

(ck) Ombudsman South Australia

(cl) Ombudsman Tasmania

(cm) Ombudsman Western Australia

(cn) Public Transport Ombudsman Victoria

(co) Public Trustee for South Australia

(cp) Public Trustee for Tasmania

(cq) Public Trustee for the ACT

(cr) Public Trustee for the Northern Territory

(cs) Public Trustee for Western Australia

(ct) Public Trustee of Queensland

(cu) Queensland Building and Construction Commission

(cv) Queensland Civil and Administrative Tribunal

(cw) Queensland Crime and Corruption Commission

(cx) Queensland Law Society

(cy) Queensland Legal Services Commission

(cz) Queensland Ombudsman

(da) Queensland Police

(db) Small Business Commissioner for Western Australian

(dc) Small Business Commissioner South Australia

(dd) South Australia Equal Opportunity Commission

(de) South Australia Police

(df) South Australian Bar Association

(dg) South Australian Civil and Administrative Tribunal

(dh) South Australian Office of the Director of Public Prosecutions

(di) State Administrative Tribunal of Western Australian

(dj) State Trustees Victoria

(dk) Surveyors Board Queensland

(dl) Tasmania Police

(dm) Tasmanian Bar Association

(dn) Tasmanian Health Complaints Commissioner

(do) Tasmanian Office of Consumer Affairs and Fair Trading including the Commissioner for Corporate Affairs

(dp) The Victorian Bar Incorporated

(dq) Tolling Customer Ombudsman

(dr) Victoria Police

(ds) Victorian Building Authority

(dt) Victorian Civil and Administrative Tribunal

(du) Victorian Equal Opportunity and Human Rights Commission

(dv) Victorian Office of the Director of Public Prosecutions

(dw) Victorian Ombudsman

(dx) Victorian Small Business Commissioner

(dy) Western Australia Police

(dz) Western Australian Bar Association

(ea) West Australian Industrial Relations Commission

\n```\n\n#### 5 Allowances to witnesses\n\n#### A person who appears at a hearing in accordance with a summons under section 48(1) of the Act shall be paid $50 for each day or part thereof that the person appears.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1553},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains strictly limited to its original purpose: prescribing agencies for the Ombudsman's information-sharing and referral functions under the enabling Act, plus setting the witness allowance. The extensive lists reflect the comprehensive national coverage intended by the Act rather than scope creep."},"complexity_factors":["Only 2 defined terms in the interpretation section","No conditional logic, exceptions, or operative provisions beyond simple prescription","Straightforward list structure with agencies grouped by enabling Act section references","Single monetary amount ($50) with no calculation formulas","Extensive but repetitive agency listings (many agencies appear in multiple subsections for different statutory purposes)"],"plain_english_summary":"This instrument names the government agencies, regulators and industry dispute bodies the Australian Small Business and Family Enterprise Ombudsman may share information with, refer complaints to, and coordinate investigations alongside. It affects small businesses and family enterprises, listed Commonwealth and State/Territory agencies, industry ombudsmen, and witnesses called to hearings.\n\nWhy it matters: it creates the statutory network the Ombudsman uses to route disputes and sets the witness attendance fee at $50 per day (or part thereof)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Rules implement the Act’s delegated power to prescribe agencies and set a witness allowance. They do not introduce new powers or extend the Ombudsman’s substantive remit beyond what the Australian Small Business and Family Enterprise Ombudsman Act 2015 contemplates (see rule‑making authority under s96 and prescriptions under sections 8 and 86)."},"complexity_factors":["Long, detailed lists of prescribed agencies spanning Commonwealth, state and territory bodies — administrative upkeep and accuracy required (Rule 4(1)–(3)).","Multiple cross-references to the parent Act (e.g. sections 8(1)(d), 8(2)(e), 86(1)(g),(h) and the rule-making power in s96) create legal linkage that must be tracked.","A fixed witness allowance ($50/day) set in the Rules (Rule 5) ties practice to a static monetary amount, raising indexation and fairness questions for administrators and claimants (cross-ref: s48(1) of the Act).","Formatting and presentation (large tabular lists, mixed markup) increase the cost of machine‑readability, updates and statutory consolidation.","Substantive discretion is low — the Rules primarily record administrative designations rather than create new regulatory powers, limiting interpretive complexity but increasing maintenance burden when agencies change."],"plain_english_summary":"These Rules mechanically prescribe which Commonwealth, state and territory agencies are treated as ‘prescribed agencies’ for the Australian Small Business and Family Enterprise Ombudsman and set a flat $50 per day (or part day) witness allowance for people summoned to hearings. They affect the Ombudsman’s office, the listed agencies and summoned witnesses by defining who the office can formally interact with and the standard payment for compulsory appearances."}},"importantCases":[],"_links":{"self":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016","history":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016/history","analysis":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016/analysis","conflicts":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016/conflicts","importantCases":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016/important-cases","documents":"/api/acts/australian-small-business-and-family-enterprise-ombudsman-rules-2016/documents"}}