{"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":{"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."},"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"},"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":"## Small Business Commissioner Regulation 2022\n\nThis regulation sets out the **practical rules** for how small business dispute mediation works under the ACT's Small Business Commissioner system. It covers three main areas:\n\n### Who does this affect?\nSmall business owners in the **Australian Capital Territory (ACT)** who are involved in a dispute — particularly those relating to **commercial leases and subleases** — and who are going through the Small Business Commissioner's mediation process.\n\n### What does it do?\n\n**1. Rescheduling mediation conferences**\nIf you receive a notice scheduling a mediation meeting, you have **2 days** to ask the mediator (in writing) to change the date. If granted, the new date can't be more than **7 days later** than the original.\n\n**2. Combining related disputes**\nIf your dispute is connected to another dispute (for example, a sublease chain where a subtenant disputes with their landlord, who in turn disputes with *their* landlord), you can ask — within **2 days** of receiving your notice — for all related disputes to be heard together at one mediation session. Everyone involved must agree.\n\n**3. Technology-based mediation**\nIf all parties and the mediator agree, mediation can be held remotely using technology like **video or phone conferencing**, rather than in person.\n\n**4. Fees**\nThe fee for applying for mediation is **350 fee units** (a dollar amount set by ACT fee legislation, roughly in the hundreds of dollars range), split **equally** between the parties. However:\n- The Commissioner can **waive (reduce or cancel) your fee** if paying it would cause you **financial hardship**.\n- The Commissioner can also waive fees for a whole group of businesses — for example, businesses in a region hit by a **natural disaster or emergency** — to make sure people can still access mediation when times are tough.\n\n### Why does it matter?\nThis regulation makes dispute resolution **more accessible and flexible** for small businesses. The fee waiver provisions are particularly important — they ensure that financial difficulty or a major crisis (like a flood or bushfire) doesn't prevent small businesses from accessing a fair process to resolve disputes."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.3(2) and sec.4(1)","severity":"medium","reasoning":"Section 4(1) ties its 2-day deadline to receipt of the s.3(1) notice. If the date is successfully changed under s.3(3) and a new notice is issued under s.3(3)(b), it is unclear whether a fresh right to request consolidation under s.4(1) arises from the new notice, or whether the right is extinguished if not exercised within 2 days of the original notice. This creates a gap where parties who first seek a date change may inadvertently lose their right to consolidate related disputes.","confidence":0.72,"description":"The 2-day window to request a date change (s.3(2)) and the 2-day window to request consolidation of related disputes (s.4(1)) run concurrently from receipt of the same notice, but a request under s.4(1) is contingent on a notice 'under section 3(1)' being received — meaning s.4(1) is triggered by the same notice as s.3(2). If a party exercises their right under s.3(2) and the mediator grants a date change, any s.4(1) request made within the original 2-day window may reference a conference that no longer exists at its original date, creating procedural uncertainty about whether a fresh 2-day window arises from the new notice issued under s.3(3)(b)."},{"type":"impossible_compliance","section":"sec.3(2) and sec.3(3)","severity":"low","reasoning":"The regulation does not specify a minimum notice period before the mediation conference date. If a notice is given, say, 1 day before the conference, a party has 2 days to request a change to a date no later than 7 days after the original date — but the 2-day window to request extends beyond the original conference date itself. The mediator must then decide whether to change a date that has already passed by the time the request is made, which is logically incoherent.","confidence":0.65,"description":"A party must make a written request within 2 days to change the conference date to no later than 7 days after the originally noticed date. However, if the notice itself is received only 1 or 2 days before the scheduled conference date (which is not prohibited by the Act or this regulation), the 7-day extension window may fall before or concurrent with the original conference date, rendering the extension provision practically meaningless or impossible to distinguish from the original date."},{"type":"other","section":"sec.4(1)","severity":"medium","reasoning":"Without a definition of 'related disputes', the mediator's discretion is entirely unconstrained. Two parties could argue almost any disputes are related, or conversely a mediator could reject clearly connected disputes. This is a definitional gap that creates legal uncertainty and potential for inconsistent application.","confidence":0.78,"description":"Section 4(1) permits a party to request that 'related disputes' be mediated together, but 'related disputes' is not defined in this regulation. The example given (sublessee/sublessor and sublessor/lessor disputes) is illustrative only. The mediator has no legislative criteria by which to assess whether disputes are sufficiently 'related', creating an undefined and potentially arbitrary gatekeeping function."},{"type":"other","section":"sec.6(1)","severity":"low","reasoning":"350 divided by 3 parties yields a repeating decimal (116.666... fee units per party). While trivial in practice (rounding conventions or dollar conversion would resolve this), the regulation provides no mechanism for apportionment when equal division is not arithmetically clean, and does not limit disputes to two parties.","confidence":0.55,"description":"The fee of 350 fee units is 'payable by the parties to the dispute in equal shares.' If a dispute involves an odd number of parties (e.g., three parties), equal shares cannot be precisely calculated from a fixed integer fee unit amount, potentially creating an arithmetically indivisible obligation."},{"type":"other","section":"sec.6(2) and sec.6(3)","severity":"low","reasoning":"The dual waiver structure lacks any hierarchy or interaction rule. The class waiver under s.6(3) is explicitly justified by promoting 'access to mediation' rather than hardship, meaning it can operate as a blanket subsidy. This is not logically incoherent per se but creates a structural tension where the hardship-based individual waiver serves a different policy rationale than the class waiver, with no reconciliation mechanism.","confidence":0.6,"description":"The regulation creates two overlapping waiver mechanisms — individual hardship waivers (s.6(2)) and class/sector waivers (s.6(3)) — but provides no guidance on interaction or precedence. A party within a waived class under s.6(3) who also qualifies for an individual waiver under s.6(2) has no clear avenue to seek a greater waiver than the class waiver, and conversely a class waiver could apply to a party who does not in fact suffer hardship, subsidising parties who have no financial need."}],"contradictions":[{"severity":"medium","section_a":"sec.3(2)","section_b":"sec.4(1)","confidence":0.7,"description":"Both sections impose a 2-day deadline running from receipt of the same notice (the s.3(1) notice), but they concern different requests (date change vs. dispute consolidation) that are logically interdependent. A party cannot meaningfully request consolidation of related disputes under s.4(1) if the conference date is simultaneously being altered under s.3(2)-(3), yet no sequencing rule or priority between the two requests is provided. The two requests may be mutually defeating: a date change could render a consolidation request premature or moot, and vice versa."},{"severity":"low","section_a":"sec.6(1)","section_b":"sec.6(2)","confidence":0.63,"description":"Section 6(1) states the fee is 'payable by the parties to the dispute in equal shares', making each party's liability fixed and equal. Section 6(2) allows the commissioner to waive 'all or part of the fee payable by a party' for hardship. If one party's share is waived, the remaining parties' shares are unaffected — meaning the total fee collected falls below 350 fee units. However, s.6(1) does not contemplate partial collection, and there is no provision requiring the non-waived parties to make up the shortfall or accepting partial collection, creating a structural inconsistency between the prescribed total fee and the actual collectible amount."}]}},"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"}}