{"id":"qld:act-2022-005","name":"Small Business Commissioner Act 2022","slug":"small-business-commissioner-act-2022","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29562,"registerId":"qld-act-2022-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Small Business Commissioner Act 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 3 May 2022.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main object","content":"### sec.3 Main object\n\nThe main object of this Act is to establish the office of small business commissioner to—\nenhance the operating environment for small businesses in Queensland; and\nreduce the time and costs associated with resolving disputes involving small businesses.\n- (a) enhance the operating environment for small businesses in Queensland; and\n- (b) reduce the time and costs associated with resolving disputes involving small businesses.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation","content":"### sec.4 Interpretation\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Small business commissioner","content":"# Small business commissioner","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Small business commissioner","content":"### sec.5 Small business commissioner\n\nThere is to be a small business commissioner.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Functions","content":"### sec.6 Functions\n\nThe main functions of the commissioner are—\nto provide a central point of contact in relation to matters affecting small businesses; and\nto provide information and advisory services to the public about matters relating to small businesses; and\nto assist parties in reaching an informal resolution for small business disputes, including by facilitating the exchange of information between the parties; and\nto provide alternative dispute resolution services and administer a mediation process for small business disputes; and\nto advocate on behalf of small businesses to—\nthe State, the Commonwealth, another State or a local government; or\nany other entity involved in administering a matter relevant to small businesses; and\nto work collaboratively with the equivalent of the commissioner in other States or the Commonwealth to enhance conditions for small businesses; and\nto perform functions conferred on the commissioner under another Act; and\nto carry out other activities to further the objects of this Act, as directed by the Minister.\n- (a) to provide a central point of contact in relation to matters affecting small businesses; and\n- (b) to provide information and advisory services to the public about matters relating to small businesses; and\n- (c) to assist parties in reaching an informal resolution for small business disputes, including by facilitating the exchange of information between the parties; and\n- (d) to provide alternative dispute resolution services and administer a mediation process for small business disputes; and\n- (e) to advocate on behalf of small businesses to— (i) the State, the Commonwealth, another State or a local government; or (ii) any other entity involved in administering a matter relevant to small businesses; and\n- (i) the State, the Commonwealth, another State or a local government; or\n- (ii) any other entity involved in administering a matter relevant to small businesses; and\n- (f) to work collaboratively with the equivalent of the commissioner in other States or the Commonwealth to enhance conditions for small businesses; and\n- (g) to perform functions conferred on the commissioner under another Act; and\n- (h) to carry out other activities to further the objects of this Act, as directed by the Minister.\n- (i) the State, the Commonwealth, another State or a local government; or\n- (ii) any other entity involved in administering a matter relevant to small businesses; and","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Powers","content":"### sec.7 Powers\n\nThe commissioner has all the powers necessary for performing the commissioner’s functions under this Act or conferred on the commissioner under another Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation","content":"### sec.8 Delegation\n\nThe 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.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Appointment","content":"### sec.9 Appointment\n\nThe commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.\n(sec.9-ssec.1) The commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.9-ssec.2) The Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Term of appointment","content":"### sec.10 Term of appointment\n\nThe commissioner holds office for the term, of not more than 5 years, stated in the commissioner’s instrument of appointment.\nA person may be re-appointed as commissioner only once for a further term of not more than 5 years.\n(sec.10-ssec.1) The commissioner holds office for the term, of not more than 5 years, stated in the commissioner’s instrument of appointment.\n(sec.10-ssec.2) A person may be re-appointed as commissioner only once for a further term of not more than 5 years.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nA person holds office as the commissioner on the conditions decided by the Governor in Council.\nThe commissioner is appointed under this Act and not the Public Service Act 2008 .\n(sec.11-ssec.1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.11-ssec.2) A person holds office as the commissioner on the conditions decided by the Governor in Council.\n(sec.11-ssec.3) The commissioner is appointed under this Act and not the Public Service Act 2008 .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.12 Preservation of rights of commissioner\n\nThis section applies if a person who is a public service officer is appointed as commissioner.\nThe 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.\nAt 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.\n(sec.12-ssec.1) This section applies if a person who is a public service officer is appointed as commissioner.\n(sec.12-ssec.2) 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.\n(sec.12-ssec.3) 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.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Vacancy in office of commissioner","content":"### sec.13 Vacancy in office of commissioner\n\nThe office of commissioner becomes vacant if the commissioner—\nresigns under section 14 ; or\nis removed by the Governor in Council under section 15 .\n- (a) resigns under section 14 ; or\n- (b) is removed by the Governor in Council under section 15 .","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Resignation","content":"### sec.14 Resignation\n\nThe commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\nThe resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.\n(sec.14-ssec.1) The commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\n(sec.14-ssec.2) The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Removal","content":"### sec.15 Removal\n\nThe Governor in Council may remove a person from office as the commissioner if the person—\nis guilty of misconduct; or\nis incapable of performing the functions of the commissioner; or\nhas neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\nThis section does not otherwise limit the Acts Interpretation Act 1954 , section 25 .\n(sec.15-ssec.1) The Governor in Council may remove a person from office as the commissioner if the person— is guilty of misconduct; or is incapable of performing the functions of the commissioner; or has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\n(sec.15-ssec.2) This section does not otherwise limit the Acts Interpretation Act 1954 , section 25 .\n- (a) is guilty of misconduct; or\n- (b) is incapable of performing the functions of the commissioner; or\n- (c) has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Acting commissioner","content":"### sec.16 Acting commissioner\n\nThe Minister may appoint a person to act in the office of commissioner during—\na vacancy in the office of commissioner; or\na period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n- (a) a vacancy in the office of commissioner; or\n- (b) a period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Role of Minister and reporting requirements","content":"## Role of Minister and reporting requirements","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Ministerial direction","content":"### sec.17 Ministerial direction\n\nThe Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\nThe commissioner must comply with a direction given under subsection (1) .\nThe commissioner must include details, in the commissioner’s annual report prepared under section 20 , of—\nany direction given by the Minister under subsection (1) during the financial year to which the report relates; and\nthe actions taken by the commissioner as a result of the direction.\n(sec.17-ssec.1) The Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\n(sec.17-ssec.2) The commissioner must comply with a direction given under subsection (1) .\n(sec.17-ssec.3) The commissioner must include details, in the commissioner’s annual report prepared under section 20 , of— any direction given by the Minister under subsection (1) during the financial year to which the report relates; and the actions taken by the commissioner as a result of the direction.\n- (a) any direction given by the Minister under subsection (1) during the financial year to which the report relates; and\n- (b) the actions taken by the commissioner as a result of the direction.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Statement of expectations","content":"### sec.18 Statement of expectations\n\nThe Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\nWithout limiting subsection (1) , the statement of expectations may—\nstate a particular period for which the statement applies; and\nprovide for the nature and scope of the commissioner’s activities for a particular period.\nThe commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n(sec.18-ssec.1) The Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\n(sec.18-ssec.2) Without limiting subsection (1) , the statement of expectations may— state a particular period for which the statement applies; and provide for the nature and scope of the commissioner’s activities for a particular period.\n(sec.18-ssec.3) The commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n- (a) state a particular period for which the statement applies; and\n- (b) provide for the nature and scope of the commissioner’s activities for a particular period.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Reporting to Minister","content":"### sec.19 Reporting to Minister\n\nThe commissioner must—\nkeep the Minister reasonably informed about the functions performed and activities carried out by the commissioner; and\ncomply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or activities carried out by the commissioner.\n- (a) keep the Minister reasonably informed about the functions performed and activities carried out by the commissioner; and\n- (b) comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or activities carried out by the commissioner.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Annual report","content":"### sec.20 Annual report\n\nThe commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, an annual report on the functions performed, and activities carried out, by the commissioner during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving it.\n(sec.20-ssec.1) The commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, an annual report on the functions performed, and activities carried out, by the commissioner during the financial year.\n(sec.20-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving it.","sortOrder":24},{"sectionNumber":"pt.3","sectionType":"part","heading":"Mediation","content":"# Mediation","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Who may apply","content":"### sec.21 Who may apply\n\nThe parties to a small business dispute may apply for mediation of the dispute under this part only if—\nthe parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and\nthe dispute is within a mediator’s jurisdiction; and\nA mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 .\nThis part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act.\nany requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and\nall parties to the dispute agree to mediate the dispute under this part.\nAlso, an application may be made by the parties to a small business franchise dispute only if the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Cwlth) , section 12 has referred the dispute to the commissioner.\n(sec.21-ssec.1) The parties to a small business dispute may apply for mediation of the dispute under this part only if— the parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and the dispute is within a mediator’s jurisdiction; and A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act. any requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and all parties to the dispute agree to mediate the dispute under this part.\n(sec.21-ssec.2) Also, an application may be made by the parties to a small business franchise dispute only if the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Cwlth) , section 12 has referred the dispute to the commissioner.\n- (a) the parties to the dispute have attempted to resolve the dispute by seeking informal assistance from the commissioner; and\n- (b) the dispute is within a mediator’s jurisdiction; and Notes— 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 . 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act.\n- 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 .\n- 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act.\n- (c) any requirements prescribed by regulation for this section have been complied with by the parties to the dispute; and\n- (d) all parties to the dispute agree to mediate the dispute under this part.\n- 1 A mediator appointed under the Retail Shop Leases Act 1994 has jurisdiction to mediate small business disputes under this Act. See the Retail Shop Leases Act 1994 , sections 96 and 97 .\n- 2 This part does not apply to a retail tenancy dispute under the Retail Shop Leases Act 1994 . Retail tenancy dispute resolution is provided for in part 8 of that Act.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Requirements for application","content":"### sec.22 Requirements for application\n\nAn application for mediation must be—\nin the approved form; and\nsigned by each party to the dispute; and\naccompanied by the fee prescribed by regulation.\n- (a) in the approved form; and\n- (b) signed by each party to the dispute; and\n- (c) accompanied by the fee prescribed by regulation.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Commissioner to act on application","content":"### sec.23 Commissioner to act on application\n\nAs soon as practicable after the application is made, the commissioner must either accept or dismiss the application.\nThe commissioner may dismiss the application if the commissioner considers the application—\ndoes not relate to a small business dispute; or\nis frivolous or vexatious; or\nhas not been made in good faith; or\nhas otherwise not been properly made.\nFor 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—\nthe number of employees each party employs;\nthe annual turnover of each party to the dispute.\nIf the commissioner decides to dismiss the application, the commissioner must give each party an information notice for the decision.\nIf the commissioner accepts the application, the commissioner must—\nnominate a mediator to mediate the small business dispute; and\ngive written notice to the parties to the dispute of—\nthe mediator nominated to mediate the dispute; and\nthe time, date and place of the mediation conference to be conducted by the mediator.\nThe date of the mediation conference must be at least 7 days after the notice is given.\nIn this section—\ninformation notice , for a decision to dismiss an application for mediation, means a written notice stating—\nthe decision; and\nthe reasons for the decision; and\nthat the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36 ; and\nhow the party may apply for the review.\n(sec.23-ssec.1) As soon as practicable after the application is made, the commissioner must either accept or dismiss the application.\n(sec.23-ssec.2) 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.\n(sec.23-ssec.3) 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.\n(sec.23-ssec.4) If the commissioner decides to dismiss the application, the commissioner must give each party an information notice for the decision.\n(sec.23-ssec.5) 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.\n(sec.23-ssec.6) The date of the mediation conference must be at least 7 days after the notice is given.\n(sec.23-ssec.7) In this section— information notice , for a decision to dismiss an application for mediation, means a written notice stating— 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.\n- (a) does not relate to a small business dispute; or\n- (b) is frivolous or vexatious; or\n- (c) has not been made in good faith; or\n- (d) has otherwise not been properly made.\n- (a) the number of employees each party employs;\n- (b) the annual turnover of each party to the dispute.\n- (a) nominate a mediator to mediate the small business dispute; and\n- (b) give written notice to the parties to the dispute of— (i) the mediator nominated to mediate the dispute; and (ii) the time, date and place of the mediation conference to be conducted by the mediator.\n- (i) the mediator nominated to mediate the dispute; and\n- (ii) the time, date and place of the mediation conference to be conducted by the mediator.\n- (i) the mediator nominated to mediate the dispute; and\n- (ii) the time, date and place of the mediation conference to be conducted by the mediator.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36 ; and\n- (d) how the party may apply for the review.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Person may apply to be joined as a party","content":"### sec.24 Person may apply to be joined as a party\n\nA person may apply to the commissioner to be joined as a party to a mediation of a small business dispute under this part.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation.\nThe commissioner may join the person as a party to the mediation only with the consent of each of the other parties to the dispute.\n(sec.24-ssec.1) A person may apply to the commissioner to be joined as a party to a mediation of a small business dispute under this part.\n(sec.24-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed by regulation.\n(sec.24-ssec.3) The commissioner may join the person as a party to the mediation only with the consent of each of the other parties to the dispute.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Limited right of representation","content":"### sec.25 Limited right of representation\n\nAt the mediation conference, each party to the small business dispute—\nmust conduct the party’s own case; and\nmay be represented by an agent approved by the mediator only if—\nthe party is a corporation; or\nthe mediator is satisfied an agent should be permitted to represent the party.\n- (a) must conduct the party’s own case; and\n- (b) may be represented by an agent approved by the mediator only if— (i) the party is a corporation; or (ii) the mediator is satisfied an agent should be permitted to represent the party.\n- (i) the party is a corporation; or\n- (ii) the mediator is satisfied an agent should be permitted to represent the party.\n- (i) the party is a corporation; or\n- (ii) the mediator is satisfied an agent should be permitted to represent the party.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conference to be held in private","content":"### sec.26 Conference to be held in private\n\nThe mediation conference is not open to the public.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Parties attendance at conference not compellable","content":"### sec.27 Parties attendance at conference not compellable\n\nA party to the small business dispute can not be compelled to attend the mediation conference.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Mediator may allow interested person to take part in mediation conference","content":"### sec.28 Mediator may allow interested person to take part in mediation conference\n\nThe mediator may allow a person to take part in the mediation conference if—\nthe mediator is satisfied the person has an interest in the resolution of the small business dispute; and\neach of the other parties to the dispute consents.\nHowever, the person does not become a party to the dispute.\n(sec.28-ssec.1) The mediator may allow a person to take part in the mediation conference if— the mediator is satisfied the person has an interest in the resolution of the small business dispute; and each of the other parties to the dispute consents.\n(sec.28-ssec.2) However, the person does not become a party to the dispute.\n- (a) the mediator is satisfied the person has an interest in the resolution of the small business dispute; and\n- (b) each of the other parties to the dispute consents.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Mediation agreements","content":"### sec.29 Mediation agreements\n\nThis section applies if the parties to the small business dispute reach an agreement about the dispute.\nThe agreement (the mediation agreement ) must be in writing and signed by the parties.\n(sec.29-ssec.1) This section applies if the parties to the small business dispute reach an agreement about the dispute.\n(sec.29-ssec.2) The agreement (the mediation agreement ) must be in writing and signed by the parties.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notifying outcome of mediation","content":"### sec.30 Notifying outcome of mediation\n\nThe mediator must, as soon as practicable after the mediation ends—\ngive each party to the dispute—\nif the parties have entered into a mediation agreement under section 29 —a copy of the signed mediation agreement; or\notherwise—a notice about the outcome of the mediation; and\nnotify the commissioner of the outcome of the mediation.\n- (a) give each party to the dispute— (i) if the parties have entered into a mediation agreement under section 29 —a copy of the signed mediation agreement; or (ii) otherwise—a notice about the outcome of the mediation; and\n- (i) if the parties have entered into a mediation agreement under section 29 —a copy of the signed mediation agreement; or\n- (ii) otherwise—a notice about the outcome of the mediation; and\n- (b) notify the commissioner of the outcome of the mediation.\n- (i) if the parties have entered into a mediation agreement under section 29 —a copy of the signed mediation agreement; or\n- (ii) otherwise—a notice about the outcome of the mediation; and","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"No official record of mediation conference","content":"### sec.31 No official record of mediation conference\n\nA person must not make an official record of anything said at a mediation conference.\nMaximum penalty—40 penalty units.\nHowever, the mediator may make notes of the mediation conference the mediator considers appropriate.\n(sec.31-ssec.1) A person must not make an official record of anything said at a mediation conference. Maximum penalty—40 penalty units.\n(sec.31-ssec.2) However, the mediator may make notes of the mediation conference the mediator considers appropriate.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Admissions made during mediation conference","content":"### sec.32 Admissions made during mediation conference\n\nEvidence of anything said in a mediation conference for a small business dispute is not admissible in a proceeding before a court or tribunal.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Withdrawal of applications","content":"### sec.33 Withdrawal of applications\n\nA party to a small business dispute may, by written notice given to the commissioner, withdraw the application for mediation.\nThe notice may be given before or after a mediator has started mediating the dispute.\nThe commissioner must, as soon as practicable after receiving the notice, advise the following persons of the withdrawal—\nall other parties to the dispute;\nif the commissioner has nominated a mediator for the dispute—the mediator.\n(sec.33-ssec.1) A party to a small business dispute may, by written notice given to the commissioner, withdraw the application for mediation.\n(sec.33-ssec.2) The notice may be given before or after a mediator has started mediating the dispute.\n(sec.33-ssec.3) The commissioner must, as soon as practicable after receiving the notice, advise the following persons of the withdrawal— all other parties to the dispute; if the commissioner has nominated a mediator for the dispute—the mediator.\n- (a) all other parties to the dispute;\n- (b) if the commissioner has nominated a mediator for the dispute—the mediator.","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"Exclusion of other jurisdictions","content":"### sec.34 Exclusion of other jurisdictions\n\nOn and from the making of an application for mediation under section 22 , the dispute must not be referred to arbitration or heard by a court or tribunal.\nSubsection (1) does not apply if—\nthe application is withdrawn under section 33 ; or\na proceeding about the matter in dispute was started in a court or tribunal before the application was made; or\nan application for an order in the nature of an injunction about the matter in dispute is made to a court; or\na mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or\nthe mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .\nFor subsection (2) (b) , a proceeding relating to a lease is taken to have started before a court if the lessor has—\nserved on the lessee a notice under the Property Law Act 1974 , section 124 ; or\ngiven to the lessee a notice under the Property Law Act 1974 , section 131 .\n(sec.34-ssec.1) On and from the making of an application for mediation under section 22 , the dispute must not be referred to arbitration or heard by a court or tribunal.\n(sec.34-ssec.2) Subsection (1) does not apply if— the application is withdrawn under section 33 ; or a proceeding about the matter in dispute was started in a court or tribunal before the application was made; or an application for an order in the nature of an injunction about the matter in dispute is made to a court; or a mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or the mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .\n(sec.34-ssec.3) For subsection (2) (b) , a proceeding relating to a lease is taken to have started before a court if the lessor has— served on the lessee a notice under the Property Law Act 1974 , section 124 ; or given to the lessee a notice under the Property Law Act 1974 , section 131 .\n- (a) the application is withdrawn under section 33 ; or\n- (b) a proceeding about the matter in dispute was started in a court or tribunal before the application was made; or\n- (c) an application for an order in the nature of an injunction about the matter in dispute is made to a court; or\n- (d) a mediator refuses to mediate the dispute because the mediator is of the opinion the dispute is not within the jurisdiction of the mediator; or\n- (e) the mediator has given a notice about the outcome of the mediation under section 30 (a) (ii) .\n- (a) served on the lessee a notice under the Property Law Act 1974 , section 124 ; or\n- (b) given to the lessee a notice under the Property Law Act 1974 , section 131 .","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Enforcing mediation agreements","content":"### sec.35 Enforcing mediation agreements\n\nA party to a small business dispute who enters into a mediation agreement may apply to a court with jurisdiction to hear the dispute for an order enforcing the agreement.\nThe court may make any order it considers appropriate in the circumstances.\n(sec.35-ssec.1) A party to a small business dispute who enters into a mediation agreement may apply to a court with jurisdiction to hear the dispute for an order enforcing the agreement.\n(sec.35-ssec.2) The court may make any order it considers appropriate in the circumstances.","sortOrder":40},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Review of decision to dismiss application for mediation","content":"### sec.36 Review of decision to dismiss application for mediation\n\nThis section applies if a party to a small business dispute is given an information notice for a decision by the commissioner to dismiss an application for mediation.\nThe party may apply to the chief executive for a review of the decision.\nThe application must—\nbe made within 28 days after the information notice was given to the party or, if the chief executive extends the period within which the application must be made, within the extended period; and\nbe in writing; and\nstate the grounds on which the review is sought.\nAfter reviewing the decision, the chief executive must, within 28 days after receiving the application—\nconfirm the commissioner’s decision; or\nsubstitute another decision for the commissioner’s decision.\nThe chief executive must give a statement of reasons for the chief executive’s decision under subsection (4) to—\neach party to the dispute; and\nthe commissioner.\n(sec.36-ssec.1) This section applies if a party to a small business dispute is given an information notice for a decision by the commissioner to dismiss an application for mediation.\n(sec.36-ssec.2) The party may apply to the chief executive for a review of the decision.\n(sec.36-ssec.3) The application must— be made within 28 days after the information notice was given to the party or, if the chief executive extends the period within which the application must be made, within the extended period; and be in writing; and state the grounds on which the review is sought.\n(sec.36-ssec.4) After reviewing the decision, the chief executive must, within 28 days after receiving the application— confirm the commissioner’s decision; or substitute another decision for the commissioner’s decision.\n(sec.36-ssec.5) The chief executive must give a statement of reasons for the chief executive’s decision under subsection (4) to— each party to the dispute; and the commissioner.\n- (a) be made within 28 days after the information notice was given to the party or, if the chief executive extends the period within which the application must be made, within the extended period; and\n- (b) be in writing; and\n- (c) state the grounds on which the review is sought.\n- (a) confirm the commissioner’s decision; or\n- (b) substitute another decision for the commissioner’s decision.\n- (a) each party to the dispute; and\n- (b) the commissioner.","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Exchange of information","content":"### sec.37 Exchange of information\n\nThe commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the commissioner or relevant agency; or\nto which the commissioner or relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe commissioner in performing the commissioner’s functions under this Act; or\nthe relevant agency in performing its functions.\nUnder an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nIn this section—\nrelevant agency means—\nthe chief executive of a department; or\na local government; or\na person who is the equivalent of the commissioner in another State or the Commonwealth; or\nan agency of the Commonwealth, or another State, prescribed by regulation; or\nanother entity involved in administering matters relevant to small businesses prescribed by regulation.\n(sec.37-ssec.1) The commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the commissioner or relevant agency; or to which the commissioner or relevant agency has access.\n(sec.37-ssec.2) An information-sharing arrangement may relate only to information that assists— the commissioner in performing the commissioner’s functions under this Act; or the relevant agency in performing its functions.\n(sec.37-ssec.3) Under an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.37-ssec.4) In this section— relevant agency means— the chief executive of a department; or a local government; or a person who is the equivalent of the commissioner in another State or the Commonwealth; or an agency of the Commonwealth, or another State, prescribed by regulation; or another entity involved in administering matters relevant to small businesses prescribed by regulation.\n- (a) held by the commissioner or relevant agency; or\n- (b) to which the commissioner or relevant agency has access.\n- (a) the commissioner in performing the commissioner’s functions under this Act; or\n- (b) the relevant agency in performing its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of a department; or\n- (b) a local government; or\n- (c) a person who is the equivalent of the commissioner in another State or the Commonwealth; or\n- (d) an agency of the Commonwealth, or another State, prescribed by regulation; or\n- (e) another entity involved in administering matters relevant to small businesses prescribed by regulation.","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Confidentiality","content":"### sec.38 Confidentiality\n\nSubsection (2) applies to a person who obtains confidential information in performing a function under this Act.\nThe person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is—\nin the performance of a function under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\nA party to a small business dispute or another person who obtains confidential information under or as a result of the operation of this Act must not disclose the information unless the disclosure is—\nto a professional advisor or financier who agrees to keep the information confidential; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—20 penalty units.\nThis section does not apply to a mediator.\nFor the obligation of mediators to maintain secrecy, see the Retail Shop Leases Act 1994 , section 113 .\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify a person; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n(sec.38-ssec.1) Subsection (2) applies to a person who obtains confidential information in performing a function under this Act.\n(sec.38-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n(sec.38-ssec.3) A party to a small business dispute or another person who obtains confidential information under or as a result of the operation of this Act must not disclose the information unless the disclosure is— to a professional advisor or financier who agrees to keep the information confidential; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—20 penalty units.\n(sec.38-ssec.4) This section does not apply to a mediator. For the obligation of mediators to maintain secrecy, see the Retail Shop Leases Act 1994 , section 113 .\n(sec.38-ssec.5) In this section— confidential information — means any information that— could identify a person; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) in the performance of a function under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) to a professional advisor or financier who agrees to keep the information confidential; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify a person; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify a person; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify a person; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Review of Act","content":"### sec.39 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after the day that is 5 years after the commencement.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.39-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the day that is 5 years after the commencement.\n(sec.39-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Commissioner may approve forms","content":"### sec.40 Commissioner may approve forms\n\nThe commissioner may approve forms for use under this Act.","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":"Regulation-making power","content":"### sec.41 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\nthe fees payable under this Act; and\nthe obligations of parties to a small business dispute in relation to the mediation process; and\nthe practices and procedures of the mediation process.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.41-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.41-ssec.2) A regulation may be made about— the fees payable under this Act; and the obligations of parties to a small business dispute in relation to the mediation process; and the practices and procedures of the mediation process.\n(sec.41-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n- (a) the fees payable under this Act; and\n- (b) the obligations of parties to a small business dispute in relation to the mediation process; and\n- (c) the practices and procedures of the mediation process.","sortOrder":47},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Continuation of appointment of existing small business commissioner","content":"### sec.42 Continuation of appointment of existing small business commissioner\n\nThis section applies if, on the commencement, a person has not been appointed as commissioner under part 2, division 2.\nOn the commencement, the person appointed as small business commissioner under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement is taken to have been appointed as commissioner under part 2, division 2.\nSubject to subsections (4) and (5), the person is to be paid the remuneration and allowances, and is appointed on the same conditions, that applied in relation to the person’s appointment immediately before the repeal of the repealed COVID-19 Emergency Response Act 2020 , part 6.\nThe person’s appointment as commissioner under this section ends at the start of the term of the commissioner first appointed under this Act after the commencement.\nAlso, the person’s appointment as commissioner under this section, and the term the person has held office since the person’s appointment under the repealed COVID-19 Emergency Response Act 2020 , part 6 is to be considered for applying section 10(2).\n(sec.42-ssec.1) This section applies if, on the commencement, a person has not been appointed as commissioner under part 2, division 2.\n(sec.42-ssec.2) On the commencement, the person appointed as small business commissioner under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement is taken to have been appointed as commissioner under part 2, division 2.\n(sec.42-ssec.3) Subject to subsections (4) and (5), the person is to be paid the remuneration and allowances, and is appointed on the same conditions, that applied in relation to the person’s appointment immediately before the repeal of the repealed COVID-19 Emergency Response Act 2020 , part 6.\n(sec.42-ssec.4) The person’s appointment as commissioner under this section ends at the start of the term of the commissioner first appointed under this Act after the commencement.\n(sec.42-ssec.5) Also, the person’s appointment as commissioner under this section, and the term the person has held office since the person’s appointment under the repealed COVID-19 Emergency Response Act 2020 , part 6 is to be considered for applying section 10(2).","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Relationship with the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020","content":"### sec.43 Relationship with the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020\n\nIf a small business lease dispute is an affected lease dispute under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , that regulation applies in relation to the dispute, and not this Act.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Particular proceedings under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020","content":"### sec.44 Particular proceedings under the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020\n\nThis section applies in relation to a small business tenancy dispute other than an affected lease dispute, if—\nbefore the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and\non the commencement—\nthe parties have not entered into a settlement agreement for the dispute; or\nfor a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or\nfor a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.\nThe Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 continues to apply in relation to the dispute.\nIn this section—\naffected lease dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1.\ndispute notice see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 26(1).\npre-commencement small business commissioner means the commissioner appointed under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement.\nsettlement agreement see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 32.\nsmall business tenancy dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1.\n(sec.44-ssec.1) This section applies in relation to a small business tenancy dispute other than an affected lease dispute, if— before the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and on the commencement— the parties have not entered into a settlement agreement for the dispute; or for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.\n(sec.44-ssec.2) The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 continues to apply in relation to the dispute.\n(sec.44-ssec.3) In this section— affected lease dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1. dispute notice see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 26(1). pre-commencement small business commissioner means the commissioner appointed under the repealed COVID-19 Emergency Response Act 2020 , part 6 immediately before the commencement. settlement agreement see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , section 32. small business tenancy dispute see the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 , schedule 1.\n- (a) before the commencement—a party to the dispute had given a dispute notice to the pre-commencement small business commissioner; and\n- (b) on the commencement— (i) the parties have not entered into a settlement agreement for the dispute; or (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.\n- (i) the parties have not entered into a settlement agreement for the dispute; or\n- (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or\n- (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.\n- (i) the parties have not entered into a settlement agreement for the dispute; or\n- (ii) for a proceeding in QCAT relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by QCAT; or\n- (iii) for a proceeding in a court relating to the dispute—the proceeding has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court.","sortOrder":51}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original scope of the Small Business Commissioner role was emergency and temporary — established under the COVID-19 Emergency Response Act 2020 primarily to deal with commercial lease disputes during the pandemic. This Act significantly expands the scope to a permanent, broad-ranging office covering all small business disputes (not just lease disputes), advocacy functions, inter-governmental collaboration, franchise dispute referrals, and information-sharing with a wide range of agencies. The transition provisions explicitly acknowledge and manage this evolution from the narrow COVID-19 origin."},"complexity_factors":["Cross-references to multiple other Acts (Retail Shop Leases Act 1994, COVID-19 Emergency Response Act 2020, COVID-19 Emergency Response Regulation 2020, Property Law Act 1974, Australian Small Business and Family Enterprise Ombudsman Act 2015)","Transitional provisions dealing with the handover from the COVID-19 emergency framework, including nuanced rules about term limits and continuation of appointment","Mediation eligibility conditions involve multiple layered requirements that must all be satisfied simultaneously","Exclusion of court/arbitration jurisdiction during mediation contains five separate carve-out exceptions, some referencing other Acts","Confidentiality provisions apply differently to officials, parties, and mediators (mediators governed by a separate Act entirely)","Information-sharing arrangements can be extended by regulation to additional agencies, creating a partially open-ended scope","Franchise dispute access depends on prior referral by a federal body, adding an intergovernmental layer","Dual penalty regime for confidentiality breaches with different thresholds for different categories of person"],"plain_english_summary":"## What This Law Does\n\nThe **Small Business Commissioner Act 2022** is a Queensland law that creates a permanent government official — the **Small Business Commissioner** — whose job is to help small businesses across the state.\n\n## Who Does It Affect?\n\n- **Small business owners** in Queensland who have a dispute with another business, a landlord, a franchisor, or another party\n- **Anyone** dealing with a small business who ends up in a dispute\n- **Franchise operators** (people who run businesses under a brand licence, like a fast food outlet) in particular dispute situations\n\n## What the Commissioner Does\n\nThe Commissioner acts as a one-stop-shop for small business issues, with powers to:\n- Give information and advice about small business matters\n- **Advocate** (speak up on behalf of) small businesses to government at all levels\n- Help parties resolve disputes informally before things get expensive\n- Run a formal **mediation process** (a structured, private negotiation assisted by a neutral third party) for small business disputes\n- Work with equivalent commissioners in other states\n\n## The Mediation Process — What You Need to Know\n\nIf you're a small business in a dispute, here's how it works:\n\n1. **You must try informal resolution first** — contact the Commissioner before applying for formal mediation\n2. **All parties must agree** to mediate\n3. The conference is **private** — no public record is kept, and nothing said there can be used against you in court later\n4. **You generally represent yourself** (no lawyers acting for you, unless you're a company or the mediator allows it)\n5. Nobody can be forced to attend\n6. If you reach a deal, it must be in writing — and you can take it to court to enforce it if the other side doesn't honour it\n7. **Once you apply for mediation, you generally can't also go to court** at the same time (with some exceptions, like if court proceedings had already started, or you urgently need an injunction — a court order to stop someone doing something immediately)\n\n## Franchise Disputes\n\nIf your dispute involves a franchise arrangement, you can only access mediation under this Act if the **Australian Small Business and Family Enterprise Ombudsman** (a federal official) has referred the dispute to the Queensland Commissioner first.\n\n## Confidentiality Matters\n\nSensitive business information shared during the process is protected. Leaking confidential information (like someone's financial position or commercially sensitive details) can result in fines — up to **50 penalty units** (approximately $8,500) for officials, or **20 penalty units** (approximately $3,400) for other parties.\n\n## Background: COVID-19 Origins\n\nThis office actually started as a temporary measure during COVID-19 to help businesses with lease disputes. This Act makes it permanent and expands its role beyond just COVID-related tenancy issues.\n\n## The 5-Year Review\n\nThe Minister must review whether this law is working effectively around 2027 and report back to Parliament."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.21(1)(a) and sec.6(c)","severity":"medium","reasoning":"Section 21(1)(a) requires parties to have 'attempted to resolve the dispute by seeking informal assistance from the commissioner' before applying for mediation. The commissioner's function under s.6(c) is to 'assist parties in reaching an informal resolution'. This creates a situation where the same office that gatekeeps access to mediation also controls the prerequisite step. A commissioner could theoretically never provide informal assistance, permanently blocking access to mediation, or could provide cursory 'assistance' that fulfils the precondition while doing nothing substantive. There is no definition of what constitutes a sufficient 'attempt' or adequate 'informal assistance'.","confidence":0.72,"description":"Circular prerequisite: parties must attempt informal resolution by seeking assistance from the commissioner before applying for mediation, but the commissioner's function to assist with informal resolution is itself a precursor to the formal mediation process the commissioner also administers."},{"type":"impossible_compliance","section":"sec.27 and sec.34(1)","severity":"high","reasoning":"Section 27 states a party cannot be compelled to attend mediation. Section 34(1) bars the dispute from court or arbitration from the moment an application is made. If one party applies for mediation and the other simply refuses to attend (as they cannot be compelled), the dispute is locked out of all legal forums. The exceptions in s.34(2) do not include the scenario where a party simply refuses to attend mediation without the mediator formally refusing jurisdiction. This creates a potential trap where a recalcitrant party can weaponise the mediation application to freeze all dispute resolution indefinitely.","confidence":0.85,"description":"Attendance at mediation is not compellable, but once an application is made, the dispute is barred from court or arbitration. A non-attending party effectively vetoes all dispute resolution pathways simultaneously."},{"type":"impossible_compliance","section":"sec.34(1) and sec.34(2)(d)","severity":"medium","reasoning":"Under s.23(1), the commissioner must accept or dismiss an application 'as soon as practicable'. During the period between application and the commissioner's decision, s.34(1) already bars court proceedings. If the commissioner delays in acting (even if this delay is arguably a breach), there is no mechanism for a party to access courts. Even after a mediator is nominated, the bar on court proceedings only lifts under s.34(2)(d) if the mediator affirmatively refuses. The mediator has no express obligation to make a timely jurisdiction ruling.","confidence":0.7,"description":"The jurisdiction exclusion mechanism contains a logical gap: the bar on court proceedings lifts only if 'a mediator refuses to mediate', but a mediator cannot refuse if no mediator has yet been nominated, creating a window where no dispute resolution is available."},{"type":"other","section":"sec.22(b) and sec.29(2)","severity":"low","reasoning":"Requiring all parties to sign the application (s.22(b)) suggests mutual commitment to the process. However, any single party can unilaterally withdraw at any time under s.33, including after mediation has commenced. This means one party can force all others to go through the application process (including paying fees under s.22(c)) and then immediately withdraw, triggering the exclusion bar under s.34(1) briefly before lifting on withdrawal. This asymmetry could be exploited tactically.","confidence":0.65,"description":"The application must be signed by each party to the dispute, meaning all parties must voluntarily initiate mediation together, yet s.33 allows a single party to unilaterally withdraw. The asymmetry between joint initiation and unilateral exit is logically incongruent with the voluntary nature of the process."},{"type":"impossible_compliance","section":"sec.42(4) and sec.42(1)","severity":"medium","reasoning":"Section 42(1) triggers the transitional provisions only where no appointment has been made under pt.2 div.2. Section 42(4) ends the transitional appointment when the first commissioner under this Act is appointed. If the Government indefinitely delays making a formal appointment under pt.2 div.2 (perhaps deliberately or through inaction), the transitional commissioner remains in office indefinitely with no maximum term, no clear removal mechanism under the new Act's terms, and conditions tied to the repealed COVID-19 Act — creating a permanent 'temporary' official.","confidence":0.75,"description":"The transitional commissioner's appointment ends 'at the start of the term of the commissioner first appointed under this Act after the commencement', but s.42(1) applies only 'if, on the commencement, a person has not been appointed as commissioner under part 2, division 2'. If no such appointment is ever made, the transitional commissioner's term has no defined end date."},{"type":"self_contradicting","section":"sec.17(2) and sec.6(e)","severity":"medium","reasoning":"Section 6(e) requires the commissioner to advocate on behalf of small businesses to 'the State' and 'any other entity involved in administering a matter relevant to small businesses'. The Minister is part of the State and administers matters relevant to small businesses. Section 17(2) requires the commissioner to comply with Ministerial directions. A direction could theoretically require the commissioner to cease or moderate advocacy activities directed at the Minister's own department. The commissioner cannot simultaneously fulfil an independent advocacy mandate and be fully subject to Ministerial direction without potential conflict.","confidence":0.68,"description":"The commissioner is mandated to comply with all Ministerial directions (s.17(2)) while simultaneously obligated to advocate on behalf of small businesses (s.6(e)), potentially including advocacy against the very Minister giving directions."},{"type":"self_contradicting","section":"sec.38(2) and sec.37(3)","severity":"low","reasoning":"The confidentiality obligation in s.38(2) permits disclosure 'in the performance of a function under this Act'. Information sharing under s.37 is also a function under this Act, so a s.37(3) disclosure would technically fall within the s.38(2)(a) exception. However, s.38(3) separately restricts parties to the dispute from disclosing information, and they cannot rely on s.37 (which only authorises the commissioner and relevant agencies). This creates an asymmetry where the commissioner can share sensitive financial information about parties with third agencies, but those parties cannot share the same information with their own advisors (except under the narrower s.38(3)(a) exception).","confidence":0.6,"description":"Section 38(2) prohibits disclosure of confidential information except in performance of functions under this Act, while s.37(3) authorises disclosure under information-sharing arrangements. However, s.38(5) defines confidential information broadly to include information 'about a person's current financial position', which is precisely the type of information most likely to be shared under s.37 arrangements with agencies like the ATO or ASIC."}],"contradictions":[{"severity":"high","section_a":"sec.27","section_b":"sec.34(1)","confidence":0.88,"description":"Section 27 makes attendance at mediation non-compellable, but s.34(1) bars access to courts and arbitration once an application is made. A party refusing to attend mediation faces no consequence for non-attendance but is simultaneously denied access to any alternative forum, creating an unresolvable deadlock."},{"severity":"low","section_a":"sec.6(h)","section_b":"sec.17(2)","confidence":0.55,"description":"Section 6(h) allows the commissioner to carry out activities to further the objects of the Act 'as directed by the Minister', while s.17(2) makes all Ministerial directions mandatory. Read together, s.6(h) suggests Ministerial direction is a precondition to activity beyond enumerated functions, yet s.17(2) treats directions as constraints rather than authorisations. This conflates enabling and limiting functions of the direction power."},{"severity":"low","section_a":"sec.21(1)(d)","section_b":"sec.22(b)","confidence":0.62,"description":"Section 21(1)(d) requires 'all parties to the dispute' to agree to mediate as a condition of applying, while s.22(b) requires the application to be signed by 'each party to the dispute'. If all parties must agree before applying, requiring all signatures on the application is redundant and suggests the drafters were uncertain whether agreement or formal signature was the operative consent mechanism."},{"severity":"medium","section_a":"sec.42(3)","section_b":"sec.11(1) and sec.11(2)","confidence":0.78,"description":"Section 42(3) provides that the transitional commissioner is paid remuneration and appointed on conditions 'that applied immediately before the repeal of the COVID-19 Emergency Response Act 2020, part 6'. Sections 11(1) and 11(2) state remuneration and conditions are 'decided by the Governor in Council'. The transitional provision effectively overrides the Governor in Council's authority to set conditions for the transitional commissioner, creating two conflicting regimes for determining commissioner conditions simultaneously."},{"severity":"medium","section_a":"sec.32","section_b":"sec.35(1)","confidence":0.73,"description":"Section 32 renders evidence of anything said in mediation inadmissible in any court or tribunal proceeding. Section 35(1) allows a party to apply to a court to enforce a mediation agreement. A court enforcing a mediation agreement may need to consider the circumstances in which the agreement was reached, including what was said during mediation, yet s.32 absolutely bars all such evidence. This could render enforcement proceedings hollow."},{"severity":"medium","section_a":"sec.38(4)","section_b":"sec.31(2)","confidence":0.7,"description":"Section 38(4) states that s.38 does not apply to mediators, directing instead to the Retail Shop Leases Act 1994 s.113. However, s.31(2) expressly permits mediators to make notes of the mediation conference. If the confidentiality regime in s.38 does not apply to mediators, and the only applicable secrecy obligation is in the Retail Shop Leases Act, it is unclear whether the mediator's notes made under s.31(2) are governed by any confidentiality obligation under this Act at all."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a Small Business Commissioner with dispute resolution and advocacy functions. The transitional provisions (Part 5) dealing with COVID-19 lease disputes are temporary measures to ensure continuity from emergency legislation, not a permanent expansion of scope."},"complexity_factors":["Moderate cross-referencing with the Retail Shop Leases Act 1994 (mediator jurisdiction, confidentiality obligations)","Nested conditions for accessing mediation: must attempt informal resolution first, dispute must be within jurisdiction, regulations may impose additional requirements, and all parties must agree","Special franchise dispute pathway requiring federal Ombudsman referral adds a conditional branch","Transitional provisions preserving COVID-19 Emergency Response Act appointments create parallel appointment logic","Multiple exceptions to the 'no court proceedings' rule during mediation (withdrawal, prior proceedings, injunctions, jurisdictional refusal, unsuccessful mediation)","Two-tier confidentiality regime: 50 penalty units for officials, 20 penalty units for parties, with specific carve-out for mediators","Defined term 'confidential information' contains nested inclusions and exclusions","Review mechanism for dismissed applications with 28-day time limits and chief executive decision-making"],"plain_english_summary":"This Queensland law creates a dedicated **Small Business Commissioner**—an independent office designed to help small businesses navigate disputes and improve their operating conditions.\n\n**What it does:**\n- **Establishes the office**: Creates a statutory position (not a regular public servant) appointed by the Governor in Council on the Minister's recommendation, serving up to 5 years with one possible reappointment.\n- **Provides dispute resolution**: Offers mediation services for small business disputes, but only after parties try informal resolution first. The process is voluntary—parties can't be forced to attend, and discussions remain confidential and can't be used in court later.\n- **Acts as an advocate**: The Commissioner can lobby state, federal, and local governments on behalf of small businesses and collaborate with similar offices interstate.\n- **Information hub**: Serves as a central contact point for small business issues and provides advisory services.\n\n**Who it affects:**\n- **Small businesses in Queensland**—defined broadly by factors like employee numbers and annual turnover (exact thresholds set by regulation).\n- **Parties in disputes** involving small businesses, including franchise disputes (though these require referral from the federal Small Business Ombudsman).\n- **Retail tenancy disputes are excluded**—these stay under the *Retail Shop Leases Act 1994*.\n\n**Why it matters:**\nSmall businesses often lack resources for expensive court battles. This Act provides a low-cost, informal pathway to resolve conflicts while keeping disputes out of the courts during mediation. It also gives small business a dedicated voice in government policy discussions.\n\n**Key practical features:**\n- Mediation agreements can be enforced through courts if parties reach a settlement\n- Strict confidentiality rules protect commercial information\n- The Commissioner can share information with other government agencies to help small businesses\n- Existing COVID-19 era small business commissioners transition smoothly into this new permanent role"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/small-business-commissioner-act-2022","history":"/api/acts/small-business-commissioner-act-2022/history","analysis":"/api/acts/small-business-commissioner-act-2022/analysis","conflicts":"/api/acts/small-business-commissioner-act-2022/conflicts","importantCases":"/api/acts/small-business-commissioner-act-2022/important-cases","documents":"/api/acts/small-business-commissioner-act-2022/documents"}}