{"id":"qld:sl-2022-0046","name":"Small Business Commissioner Regulation 2022","slug":"small-business-commissioner-regulation-2022","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"46 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173813,"registerId":"qld-sl-2022-0046-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Small Business Commissioner Regulation 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 3 May 2022.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Mediation","content":"# Mediation","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Change to time and date of mediation conference","content":"### sec.3 Change to time and date of mediation conference\n\nThis section applies if a party receives a notice stating the time, date and place of a mediation conference under the Act , section 23 (5) (b) (ii) .\nThe party may ask the mediator in writing, within 2 days after receiving the notice in subsection (1) , to change the mediation conference date to a day that is no later than 7 days after the date stated in the notice.\nIf the mediator receives a request under subsection (2) , the mediator may—\nchange the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and\ngive each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.\n(sec.3-ssec.1) This section applies if a party receives a notice stating the time, date and place of a mediation conference under the Act , section 23 (5) (b) (ii) .\n(sec.3-ssec.2) The party may ask the mediator in writing, within 2 days after receiving the notice in subsection (1) , to change the mediation conference date to a day that is no later than 7 days after the date stated in the notice.\n(sec.3-ssec.3) If the mediator receives a request under subsection (2) , the mediator may— change the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and give each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.\n- (a) change the mediation conference date to a day that is no later than 7 days after the date stated in the notice; and\n- (b) give each party to the dispute a notice stating the details, including the new time and date, of the mediation conference.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Mediation of related disputes","content":"### sec.4 Mediation of related disputes\n\nA party may, within 2 days after the notice under section 3 (1) is received, ask the mediator in writing to mediate related disputes together at the mediation conference.\na small business dispute between a person who subleases premises and the person who is the sublessor, and a small business dispute between the sublessor who leases the premises occupied by the sublessee and the lessor from whom the sublessor leases the premises\nIf the mediator receives a request under subsection (1) and all other parties to the related disputes agree, the mediator may give each party to the related disputes a further notice stating the details of the mediation conference, including the time and date and the parties to the related disputes that are to participate in the conference.\n(sec.4-ssec.1) A party may, within 2 days after the notice under section 3 (1) is received, ask the mediator in writing to mediate related disputes together at the mediation conference. a small business dispute between a person who subleases premises and the person who is the sublessor, and a small business dispute between the sublessor who leases the premises occupied by the sublessee and the lessor from whom the sublessor leases the premises\n(sec.4-ssec.2) If the mediator receives a request under subsection (1) and all other parties to the related disputes agree, the mediator may give each party to the related disputes a further notice stating the details of the mediation conference, including the time and date and the parties to the related disputes that are to participate in the conference.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Use of technology to conduct mediation","content":"### sec.5 Use of technology to conduct mediation\n\nIf the parties to the dispute and the mediator agree, the mediation may be held using any technology allowing reasonably contemporaneous and continuous communication between the parties.\nteleconferencing, videoconferencing","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Fee for application— Act , s 22","content":"### sec.6 Fee for application— Act , s 22\n\nFor section 22 (c) of the Act , the fee prescribed is 350 fee units, payable by the parties to the dispute in equal shares.\nThe commissioner may waive all or part of the fee payable by a party under subsection (1) if the commissioner is satisfied the payment of the fee would cause, or would be likely to cause, the party financial hardship.\nAlso, the commissioner may waive all or part of the fee payable under subsection (1) for a class of parties for a particular period if the commissioner is satisfied the waiver will promote access to mediation by the parties during the period.\nAn industry sector or geographical region is affected by a natural disaster or other emergency. The commissioner may waive the fee for parties within the sector or region for a particular period to promote access to mediation by the parties during the period.\n(sec.6-ssec.1) For section 22 (c) of the Act , the fee prescribed is 350 fee units, payable by the parties to the dispute in equal shares.\n(sec.6-ssec.2) The commissioner may waive all or part of the fee payable by a party under subsection (1) if the commissioner is satisfied the payment of the fee would cause, or would be likely to cause, the party financial hardship.\n(sec.6-ssec.3) Also, the commissioner may waive all or part of the fee payable under subsection (1) for a class of parties for a particular period if the commissioner is satisfied the waiver will promote access to mediation by the parties during the period. An industry sector or geographical region is affected by a natural disaster or other emergency. The commissioner may waive the fee for parties within the sector or region for a particular period to promote access to mediation by the parties during the period.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation implements procedural and fee details for mediation under the Act rather than altering which disputes are covered. It sets timing, joining, technology and fee rules but does not redefine the substantive scope of the Act or expand eligibility for mediation."},"complexity_factors":["Short, procedural instrument with limited subject matter scope (mediation logistics and fees).","Multiple strict time limits for requests (2‑day request window; 7‑day maximum rescheduling — secs 3–4) increase procedural risk for non-compliance.","Delegated discretion to the mediator (to reschedule or join related disputes under specified conditions — secs 3–4) and to the Commissioner (fee waivers under broad criteria — sec 6).","Cross-references to the parent Act (references to Act, s 22 and s 23(5)(b)(ii)) require reading against the Act to determine full effect.","Fee mechanism: fixed quantum expressed in fee units and split equally between parties introduces a clear who‑pays rule but requires fee‑unit valuation from external schedule.","Low operational complexity for technology use (requires agreement of parties and mediator — sec 5) but potential coordination burdens for parties and mediator."],"plain_english_summary":"This regulation sets practical rules for small‑business mediations under the Act. It allows a party to ask the mediator in writing, within 2 days of a mediation notice, to move the conference to a date no more than 7 days later (sec 3); permits parties to request that related disputes be heard together (sec 4); allows use of tele- or videoconference by agreement (sec 5); and prescribes a 350 fee‑unit application fee shared equally, with the Commissioner able to waive fees for hardship, classes or disaster-affected areas (sec 6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation closely mirrors its apparent intent: providing procedural and fee rules to support the operation of the Small Business Commissioner Act's mediation framework. There is no evidence of scope creep or significant deviation from its core administrative purpose."},"complexity_factors":["Short and narrowly focused regulation with only a few operative sections","References to the parent Act (Small Business Commissioner Act) require readers to locate external provisions for full context","The fee unit system requires cross-referencing to ACT fee legislation to determine the actual dollar amount","Minor procedural sequencing (2-day and 7-day time limits) requires careful reading to follow correctly"],"plain_english_summary":"This regulation sets practical rules for mediation under the ACT Small Business Commissioner, affecting small businesses (especially lease/sublease disputes) by governing scheduling, joinder of related matters, remote hearings, and fees.\n\nIt allows 2‑day requests to reschedule or combine related disputes, permits technology-based mediation with all parties’ agreement, and fixes a 350 fee‑unit application fee split equally — subject to Commissioner waivers for financial hardship or disaster relief to preserve access."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to perform its intended function of operationalising the parent Act's mediation framework. It covers procedural mechanics (scheduling, technology, fees) without expanding into substantive policy areas."},"complexity_factors":["Short document (6 operative sections)","Minimal defined terms (relies on parent Act for definitions)","Simple conditional logic (if-then structures without nesting)","No cross-references beyond the parent Act","Straightforward fee calculation with clear waiver exceptions"],"plain_english_summary":"This regulation sets out the practical rules for how small business disputes are mediated under the Small Business Commissioner Act.\n\n**What it does:**\n- **Lets parties reschedule mediation**: If you get a notice about a mediation conference, you can ask (in writing, within 2 days) to push the date back by up to 7 days. The mediator can agree and notify everyone.\n- **Allows related disputes to be heard together**: If you have connected disputes—for example, a sublease dispute between a tenant and sub-tenant, and another dispute between that sub-tenant and the head landlord—you can ask to mediate them at the same time. All parties must agree.\n- **Permits online or phone mediation**: Mediation can happen by video or phone if everyone agrees.\n- **Sets fees and hardship waivers**: The application fee is 350 fee units (a standard way of calculating dollar amounts in legislation), split equally between parties. The Commissioner can waive or reduce this fee if someone is in financial hardship, or waive fees for groups affected by emergencies like natural disasters.\n\n**Who it affects:** Small businesses in disputes that go to mediation with the Small Business Commissioner, plus the mediators and the Commissioner themselves.\n\n**Why it matters:** It makes the mediation process flexible (rescheduling, technology, bundling related disputes) while ensuring cost isn't a barrier for struggling businesses."}},"importantCases":[],"_links":{"self":"/api/acts/small-business-commissioner-regulation-2022","history":"/api/acts/small-business-commissioner-regulation-2022/history","analysis":"/api/acts/small-business-commissioner-regulation-2022/analysis","conflicts":"/api/acts/small-business-commissioner-regulation-2022/conflicts","importantCases":"/api/acts/small-business-commissioner-regulation-2022/important-cases","documents":"/api/acts/small-business-commissioner-regulation-2022/documents"}}