{"id":"small-business-commission-act-2011","name":"Small Business Commission Act 2011","slug":"small-business-commission-act-2011","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109960,"registerId":"sa-small-business-commission-act-2011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Small Business Commission Act 2011","content":"South Australia\nSmall Business Commission Act 2011\nAn Act to establish the Small Business Commission, to provide for the functions and powers of the Commission, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Small Business Commission\n3A\tEstablishment of Commission\n4\tSmall Business Commissioner\n4A\tObjects of Commission\n5\tFunctions of Commission\n6\tMinisterial direction\n7\tTerms and conditions of appointment of Commissioner\n8\tDeputy and Acting Commissioner\n8A\tFunctions of Commissioner\n9\tHonesty and accountability\n10\tStaff etc\n11\tDelegation\n12\tPower to require information\nPart 3—Dispute resolution\nDivision 1—Preliminary\n12A\tInterpretation\nDivision 2—General\n12B\tAlternative dispute resolution\n12C\tCommission may refuse to deal with dispute\nDivision 3—Designated alternative dispute resolution\n12D\tNotice of designated alternative dispute resolution\n12E\tCommission may require attendance at alternative dispute resolution processes and production of documents\n12F\tStatements made during alternative dispute resolution\n12G\tPower to issue certificates\nDivision 4—Enforcement\n12H\tResult of alternative dispute resolution may be enforced\nPart 4—Miscellaneous\n13\tConfidentiality\n14\tRegulations\nSchedule 1—Transitional provisions\nPart 4—Transitional provisions\n37\tProvisions relating to Fair Trading Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Small Business Commission Act 2011.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nalternative dispute resolution includes mediation, but does not include arbitration or expert determination;\nCommission means the Small Business Commission established under section 3A;\nCommissioner means the person holding or acting in the office of the Small Business Commissioner;\nDeputy means the Deputy Small Business Commissioner;\ngovernment agency means any of the following:\n\t(a)\ta person who holds an office established by an Act;\n\t(b)\tan administrative unit;\n\t(c)\ta council established under the Local Government Act 1999;\n\t(d)\tany incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished 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); or\n\t(iii)\testablished or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act); or\n\t(e)\tan entity prescribed by the regulations to be a government agency to which this Act applies,\nbut does not include an entity excluded from the ambit of this definition by the regulations;\nindustry code has the same meaning as in Part 3A of the Fair Trading Act 1987 and includes a code whether or not prescribed for the purposes of that Act or any other Act of the State or the Commonwealth.\nPart 2—Small Business Commission\n3A—Establishment of Commission\n\t(1)\tThe Small Business Commission is established.\n\t(2)\tThe Commission is to be constituted by the Commissioner, and is an agency of the Crown.\n4—Small Business Commissioner\n\t(1)\tThere will be a Small Business Commissioner.\n\t(2)\tThe Commissioner will be appointed by the Governor.\n4A—Objects of Commission\nThe objects of the Commission are to—\n\t(a)\tdeal with issues concerning the small business sector in an independent manner; and\n\t(b)\tpromote a fair operating environment in which small businesses can thrive; and\n\t(c)\tprovide small businesses with general advice and assistance; and\n\t(d)\tfacilitate the timely and cost-effective resolution of disputes involving small businesses through appropriate forms of alternative dispute resolution.\n5—Functions of Commission\n\t(1)\tThe functions of the Commission are to—\n\t(a)\tfacilitate the resolution of disputes involving small businesses through alternative dispute resolution; and\n\t(b)\tsupport small business owners in their dealings with other businesses or government agencies through the provision of general advice and assistance; and\n\t(c)\tcollaborate with industry associations on matters impacting small businesses to ensure that optimal outcomes are achieved; and\n\t(d)\tidentify issues and trends in the small business sector, and where appropriate, provide recommendations to the Minister or government agencies; and\n\t(e)\tmake 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\n\t(f)\tadminister Part 3A (Industry codes) of the Fair Trading Act 1987 and the Australian Consumer Law (SA) to the extent that responsibility for that administration is assigned to the Commission under the Fair Trading Act 1987; and\n\t(g)\tadminister Part 3B (Regulation of motor vehicle insurers and repairers) of the Fair Trading Act 1987 to the extent that responsibility for that administration is assigned to the Commission under that Act; and\n\t(h)\tmonitor, investigate and advise the Minister about—\n\t(i)\tnon-compliance with industry codes that may adversely affect small businesses; and\n\t(ii)\tnon-compliance with an applicable industry code of conduct declared under section 28I of the Fair Trading Act 1987 that may adversely affect small businesses; and\n\t(iii)\tmarket practices that may adversely affect small businesses; and\n\t(i)\treport to the Minister on any aspect of the Commission's functions at the request of the Minister or on the Commission's own initiative; and\n\t(j)\ttake any other action considered appropriate by the Commission for the purpose of facilitating and encouraging the fair treatment of small businesses; and\n\t(k)\tperform any other functions conferred on the Commission by or under this or any other Act.\n\t(2)\tThe 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.\n\t(3)\tThe Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n6—Ministerial direction\n\t(1)\tSubject to this section, the Minister may give directions to the Commission.\n\t(2)\tThe Minister—\n\t(a)\tmay not give a direction in relation to the investigation, mediation or resolution of a particular complaint or dispute; and\n\t(b)\tmust consult with the Commission before giving a direction.\n\t(3)\tA Ministerial direction to the Commission—\n\t(a)\tmust be communicated to the Commission in writing; and\n\t(b)\tmust be included in the annual report of the Commission under the Public Sector Act 2009.\n7—Terms and conditions of appointment of Commissioner\n\t(1)\tThe Commissioner will be appointed for a term not exceeding 5 years and on conditions determined by the Governor and, at the end of a term of appointment, will be eligible for reappointment.\n\t(2)\tThe appointment of the Commissioner may be terminated by the Governor on the ground that the Commissioner—\n\t(a)\thas been guilty of misconduct; or\n\t(b)\thas been convicted of an offence punishable by imprisonment; or\n\t(c)\thas become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(d)\thas been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\thas, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or\n\t(f)\tis incompetent or has neglected the duties of the position.\n\t(3)\tThe appointment of the Commissioner is terminated if the Commissioner—\n\t(a)\tbecomes a member, or a candidate for election as a member, of the Parliament of a State or the Commonwealth or a Legislative Assembly of a Territory of the Commonwealth; or\n\t(b)\tis sentenced to imprisonment for an offence.\n\t(4)\tThe 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 Minister).\n8—Deputy and Acting Commissioner\n\t(1)\tThe Minister may appoint a person (who may be a Public Service employee) to be the Deputy Small Business Commissioner.\n\t(2)\tThe Deputy may—\n\t(a)\tact as the Commissioner during any period for which—\n\t(i)\tno person is for the time being appointed as the Commissioner; or\n\t(ii)\tthe Commissioner is absent from, or unable to discharge, official duties; and\n\t(b)\twhen not so acting, perform functions or exercise powers of the Commission by delegation from the Commission.\n\t(3)\tThe Minister may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—\n\t(a)\tno person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties; and\n\t(b)\tno person is for the time being appointed as the Deputy or the Deputy is absent from, or unable to discharge, official duties.\n\t(4)\tThe terms and conditions of appointment of the Deputy or other person appointed to act as the Commissioner will be determined by the Minister.\n8A—Functions of Commissioner\n\t(1)\tThe Commissioner has all the functions and powers of the Commission.\n\t(2)\tAll 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 Commission.\n9—Honesty and accountability\nThe Commissioner, the Deputy and any other person appointed to act as the Commissioner are senior officials for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n10—Staff etc\n\t(1)\tThe Commission's staff consists of—\n\t(a1)\tthe Deputy and any acting Commissioner appointed under section 8; and\n\t(a)\tPublic Service employees assigned to assist the Commission; and\n\t(b)\tpersons employed by the Commission, with the consent of the Minister and on terms and conditions determined by the Minister, to assist the Commission.\n\t(2)\tThe Commissioner may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\n11—Delegation\n\t(1)\tThe Commission may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this or any other Act (except a prescribed function or power).\n\t(3)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(4)\tA delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.\n12—Power to require information\n\t(1)\tThe Commission may, by written notice served personally or by post or email, require a person to give the Commission, within a reasonable time specified in the notice, information in the person's possession that the Commission requires for the performance of the Commission's functions under this Act.\n\t(2)\tA person required to give information under this section must provide the information within the time stated in the notice.\nMaximum penalty: $20 000.\nExpiation fee: $1 200.\n\t(3)\tA person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence or is privileged on the ground of legal professional privilege.\nPart 3—Dispute resolution\nDivision 1—Preliminary\n12A—Interpretation\nIn this Part—\ndesignated alternative dispute resolution process—see section 12D(1).\nDivision 2—General\n12B—Alternative dispute resolution\n\t(1)\tA person may apply to the Commission for alternative dispute resolution of a dispute involving a small business.\n\t(2)\tIn the performance of its functions relating to the resolution of disputes through alternative dispute resolution, the Commission may determine the form of alternative dispute resolution to be used.\n\t(3)\tThe Commission may charge fees and expenses for performing its alternative dispute resolution functions.\n12C—Commission may refuse to deal with dispute\nIn the performance of its functions relating to the resolution of disputes, the Commission may refuse to deal with a dispute for any of the following reasons:\n\t(a)\tthe dispute does not involve a small business;\n\t(b)\tthe dispute is, in the opinion of the Commission, trivial, vexatious or does not arise or has not been made in good faith;\n\t(c)\tthe dispute is unlikely to be resolved through alternative dispute resolution;\n\t(d)\tthe dispute is the subject of proceedings before a court;\n\t(e)\tthere is another government agency or person that the Commission is satisfied is better suited to deal with the dispute;\n\t(f)\tany other reason determined by the Commission.\nDivision 3—Designated alternative dispute resolution\n12D—Notice of designated alternative dispute resolution\n\t(1)\tIn the performance of its functions relating to the resolution of disputes through alternative dispute resolution, the Commission may determine that a dispute will be dealt with through alternative dispute resolution under this Division (a designated alternative dispute resolution process).\n\t(2)\tIf the Commission makes a determination under subsection (1), the Commission must give each party to the dispute written notice of the determination.\n\t(3)\tA party may, by notice given to the Commission within 10 business days of receiving a notice under subsection (2), refuse to participate in the designated alternative dispute resolution process.\n\t(4)\tIf the Commission receives a notice under subsection (3), the Commission must, by notice given to each party to the dispute within 3 business days of receipt of the notice, determine—\n\t(a)\tto discontinue the designated alternative dispute resolution process; or\n\t(b)\tto proceed with the designated alternative dispute resolution process.\n12E—Commission may require attendance at alternative dispute resolution processes and production of documents\n\t(1)\tFor the purposes of a designated alternative dispute resolution process conducted under this Act, the Commission may, subject to this section, require any person by notice in writing—\n\t(a)\tto attend a meeting at a time and place specified in the notice; or\n\t(b)\tto produce, at a time and place specified in the notice, to the Commission any document or thing described in the notice that is in the custody or under the control of the person, and that the Commission determines would benefit the resolution of the dispute.\n\t(2)\tSubsection (1)(b) does not apply to documents or things that—\n\t(a)\tare subject to legal professional privilege; or\n\t(b)\tcontain commercial information of a confidential nature; or\n\t(c)\tare subject to a confidentiality requirement under any other Act or law.\n\t(3)\tA person who, without reasonable excuse, refuses or fails to comply with a requirement in a notice under this section is guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $1 200.\n12F—Statements made during alternative dispute resolution\nEvidence of admissions or statements made in the course of designated alternative dispute resolution processes under this Act is not admissible in evidence before a court.\n12G—Power to issue certificates\n\t(1)\tThe Commission must certify the outcome of a designated alternative dispute resolution process within 21 business days of the day on which the Commission gave written notice of its determination under section 12D(2), or, in exceptional circumstances, such longer period as the Commission determines.\n\t(2)\tA certificate issued under subsection (1) must include the names of the parties to the dispute and the nature of the dispute.\n\t(3)\tA certificate issued under subsection (1) must certify—\n\t(a)\twhether or not the dispute was resolved; and\n\t(b)\tif relevant, whether 1 or more of the parties to the dispute refused or failed to attend a meeting in accordance with a notice issued under section 12E(1) and the reasons (if any) for that refusal or failure.\n\t(4)\tA certificate issued under subsection (1) may be admitted in evidence in proceedings before a court or tribunal.\nDivision 4—Enforcement\n12H—Result of alternative dispute resolution may be enforced\n\t(1)\tIf an agreement reached as a result of alternative dispute resolution is recorded in a written instrument and signed by both the Commission and the parties to the agreement, then—\n\t(a)\ta copy of the instrument must be given to each party; and\n\t(b)\tin the event that a party to the agreement fails to carry out the party's obligations under the agreement—the other party may apply to the Magistrates Court for an order enforcing the terms of the agreement.\n\t(2)\tAn application to the Magistrates Court under subsection (1) is a minor statutory proceeding for the purposes of paragraph (c) of the definition of minor statutory proceeding in section 3(1) of the Magistrates Court Act 1991.\nPart 4—Miscellaneous\n13—Confidentiality\n\t(1)\tA person must not divulge or communicate personal information, information relating to trade secrets or business processes or financial information acquired by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act, except—\n\t(a)\twith the consent of the person to whom the information relates; or\n\t(b)\tas authorised by the Commission or the person's employer; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto a police officer or a member of the police force of another State, a Territory of the Commonwealth or the Commonwealth; or\n\t(e)\tto a person concerned in the administration of another law of the State, or a law of another State, a Territory of the Commonwealth or the Commonwealth, relating to trade or commercial practices or the protection of consumers; or\n\t(f)\tfor the purposes of legal proceedings.\nMaximum penalty: $20 000.\n\t(2)\tInformation that has been disclosed under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $20 000.\n14—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may fix fees in respect of measures designed to resolve a complaint taken by the Commission and provide for their payment, recovery or waiver.\nSchedule 1—Transitional provisions\nPart 4—Transitional provisions\n37—Provisions relating to Fair Trading Act\n\t(1)\tA person holding office as an authorised officer under section 7 of the Fair Trading Act 1987 immediately before the commencement of this clause will continue to hold office as an authorised officer as if the person had been appointed by the Minister responsible for the administration of that Act under section 76 of that Act as amended by this Act.\n\t(2)\tA code of practice prescribed by the regulations under the Fair Trading Act 1987 as in force immediately before the commencement of this clause will be taken to have been prescribed as an industry code under Part 3A of that Act as amended by this Act and the Commissioner for Consumer Affairs will be taken to have been declared to be responsible for the administration of the code.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nSmall Business Commissioner Act 2011\nLegislation amended by principal Act\nThe Small Business Commission Act 2011 amended the following:\nFair Trading Act 1987\nRetail and Commercial Leases Act 1995\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2011\n41\nSmall Business Commissioner Act 2011 \n10.11.2011\n22.3.2012 (Gazette 15.3.2012 p992)\n2021\n50\nFair Trading (Motor Vehicle Insurers and Repairers) Amendment Act 2021\n9.12.2021\nSch 1 (cl 1)—28.2.2023 (Gazette 23.2.2023 p405)\n2024\n65\nStatutes Amendment (Small Business Commission and Retail and Commercial Leases) Act 2024\n5.12.2024\nPt 2 (ss 3 to 22) & Sch 1—1.7.2025 (Gazette 19.6.2025 p1865)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n28.2.2023\n\nsubstituted by 65/2024 s 3\n1.7.2025\nPt 1\n\n\nheading\ninserted by 65/2024 s 4\n1.7.2025\ns 1\namended by 65/2024 s 5\n1.7.2025\ns 2\nomitted under Legislation Revision and Publication Act 2002\n28.2.2023\ns 3\n\n\nalternative dispute resolution\ninserted by 65/2024 s 6(1)\n1.7.2025\nCommission\ninserted by 65/2024 s 6(1)\n1.7.2025\ngovernment agency\ninserted by 65/2024 s 6(2)\n1.7.2025\nPt 2\n\n\nheading\ninserted by 65/2024 s 7\n1.7.2025\ns 3A\ninserted by 65/2024 s 8\n1.7.2025\ns 4\n\n\ns 4(2)\namended by 65/2024 s 9\n1.7.2025\ns 4A\ninserted by 65/2024 s 10\n1.7.2025\ns 5\n\n\nheading\namended by 65/2024 s 11(1)\n1.7.2025\ns 5(1)\namended by 50/2021 Sch 1 cl 1(1), (2)\n28.2.2023\n\nsubstituted by 65/2024 s 11(2)\n1.7.2025\ns 5(2)\namended by 65/2024 s 11(3)\n1.7.2025\ns 5(3)\ninserted by 65/2024 s 11(4)\n1.7.2025\ns 6\n\n\ns 6(1)—(3)\namended by 65/2024 s 12\n1.7.2025\ns 7\n\n\nheading\namended by 65/2024 s 13\n1.7.2025\ns 8\n\n\ns 8(2)\namended by 65/2024 s 14\n1.7.2025\ns 8A\ninserted by 65/2024 s 15\n1.7.2025\ns 10\n\n\ns 10(1)\namended by 65/2024 s 16(1)—(3)\n1.7.2025\ns 11\n\n\ns 11(1)\namended by 65/2024 s 17(1)\n1.7.2025\ns 11(2)\ndeleted by 65/2024 s 17(2)\n1.7.2025\ns 12\n\n\ns 12(1)\namended by 65/2024 s 18(1)—(3)\n1.7.2025\ns 12(2)\namended by 65/2024 s 18(4)\n1.7.2025\nPt 3\ninserted by 65/2024 s 19\n1.7.2025\nPt 4\n\n\nheading\ninserted by 65/2024 s 20\n1.7.2025\ns 13\n\n\ns 13(1)\namended by 65/2024 s 21\n1.7.2025\ns 14\n\n\ns 14(2)\namended by 65/2024 s 22\n1.7.2025\nSch 1\n\n\nPts 1—3\nomitted under Legislation Revision and Publication Act 2002\n28.2.2023\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Small Business Commission and Retail and Commercial Leases) Act 2024, Sch 1\n1—Transitional provision\nA reference in an instrument under an Act, or any other document or instrument, to the Small Business Commissioner will, unless the context otherwise requires, be taken to be a reference to the Small Business Commission.\nHistorical versions\n28.2.2023\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2011 form as the 'Small Business Commissioner Act 2011'. The 2024 amendments (commencing July 2025) transformed a single-officeholder model into a full 'Commission' structure, added an extensive Part 3 dispute resolution framework with enforcement mechanisms, and expanded functions to include administration of motor vehicle insurer/repairer regulations and enhanced industry code monitoring. The scope has grown from a simple advisory/ombudsman role to a comprehensive dispute resolution and regulatory administration body."},"complexity_factors":["Moderate length (approximately 30 operative sections plus schedule)","Cross-references to multiple other Acts (Fair Trading Act 1987, Public Sector Act 2009, Corporations Act 2001, Magistrates Court Act 1991, Public Sector (Honesty and Accountability) Act 1995)","Nested definitions in Part 3 with specific carve-outs (e.g., 'alternative dispute resolution' excludes arbitration; 'government agency' has extensive inclusive and exclusive definitions)","Conditional logic in dispute resolution process (10-day refusal window, 3-day response requirement, exceptional circumstances extensions)","Multiple exceptions to confidentiality and information-gathering powers (legal professional privilege, self-incrimination protections)","Delegated legislative power allowing regulations to expand definitions and fix fees","Transitional provisions dealing with predecessor legislation and office continuity"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Small Business Commission** in South Australia — a government body that acts as a champion and problem-solver for small businesses.\n\n**Who it affects:**\n- **Small business owners** — they can get advice, help with disputes, and advocacy support\n- **Other businesses and government agencies** — they may be required to participate in dispute resolution or provide information\n- **The Commissioner and staff** — who run the Commission\n\n**Key things the Commission does:**\n\n- **Helps resolve disputes** — The Commission can mediate (act as a neutral go-between) disputes between small businesses and other parties. This is called \"alternative dispute resolution\" (ADR). The Commission can require people to attend meetings and produce documents, and agreements reached can be enforced in court.\n\n- **Gives advice and support** — Small businesses can get general help dealing with other businesses or government agencies.\n\n- **Monitors and reports** — The Commission watches for unfair market practices, checks compliance with industry codes (rules that industries agree to follow), and reports problems to the Minister.\n\n- **Administers other laws** — It handles parts of the Fair Trading Act, including rules about industry codes and motor vehicle insurers/repairers.\n\n**Important protections:**\n- Discussions during mediation generally **cannot be used as evidence in court** (section 12F)\n- The Commission must keep **confidential information** private, with limited exceptions\n- The Minister **cannot interfere** in specific disputes or complaints\n\n**Why it matters:**\nSmall businesses often lack the resources to fight big companies or navigate government bureaucracy. This Act gives them a free (or low-cost) way to resolve conflicts without going to court, plus a voice in government policy."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded from a single Commissioner office to a Commission with a wider statutory programme: formal ADR powers and procedures (Part 3: ss12B–12H), authority to administer specified parts of the Fair Trading Act (s5(f)–(g)), powers to compel information and attendance with penalties (s12, s12E), and new delegation and staffing arrangements (s11, s10). Amendments recorded in the legislative history (notably the 2024 amendments) effect these substantive additions and structural changes."},"complexity_factors":["Multiple institutional layers: establishment of a Commission plus a Commissioner, Deputy and staff (s3A, ss4, 8, 10).","Broad functional scope coupling advice, dispute resolution and statutory administration (s5; administration of parts of the Fair Trading Act s5(f)–(g)).","Significant administrative discretion: Commission may determine ADR form, refuse disputes on broad grounds, designate ADR processes and impose fees (ss12B, 12C, 12D, 12B(3)).","Compulsory powers with criminal penalties and expiation fees to require information or attendance, subject to privilege exceptions (s12, s12E).","Enforcement pathway mixing non‑binding ADR with formal enforceability: Commission certificates and signed settlement instruments can be admitted in court or enforced in the Magistrates Court (ss12G, 12H).","Delegation powers and executive oversight: delegations by instrument, revocable at will, and Ministerial directions allowed with procedural limits (s11, s6).","Confidentiality rules with substantial penalties and constrained secondary use of disclosed information (s13).","Regulation‑making power to fix fees and other matters potentially affecting cost and access (s14).","Cross‑legislative interaction and transitional arrangements altering prior roles (Schedule 1; legislative history entries showing amendments 2021 and 2024)."],"plain_english_summary":"Creates the Small Business Commission and a Small Business Commissioner, giving the body powers to advise small businesses, run and require participation in alternative dispute resolution (ADR), administer parts of the Fair Trading Act, and compel information (penalties apply). It affects small businesses, counter‑parties and government agencies by offering a formal ADR pathway whose outcomes can be certified and enforced in the Magistrates Court, while the Minister may give written directions to the Commission subject to consultation and limits (see s6, ss12B–12H, s5, s12)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. The submission contained only a 'Page Not Found' error from the SA legislation website. No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative text was provided — only a website error page was submitted for analysis","A complexity score cannot be meaningfully assigned without access to the actual Act","Score of 1 reflects the simplicity of what was actually received (an error message), not the underlying legislation"],"plain_english_summary":"The text of the Small Business Commission Act 2011 (SA) wasn’t available, so its provisions can’t be confirmed. Based on the title, it likely creates a Small Business Commissioner or office to assist South Australian small businesses—providing dispute-resolution and advocacy against larger firms or government. If true, it matters because it centralises support and remedies for small-business grievances."}},"importantCases":[],"_links":{"self":"/api/acts/small-business-commission-act-2011","history":"/api/acts/small-business-commission-act-2011/history","analysis":"/api/acts/small-business-commission-act-2011/analysis","conflicts":"/api/acts/small-business-commission-act-2011/conflicts","importantCases":"/api/acts/small-business-commission-act-2011/important-cases","documents":"/api/acts/small-business-commission-act-2011/documents"}}