{"id":"small-business-commissioner-regulations-2012","name":"Small Business Commissioner Regulations 2012","slug":"small-business-commissioner-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237249,"registerId":"sa-small-business-commissioner-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Small Business Commissioner Regulations 2012","content":"South Australia\nSmall Business Commissioner Regulations 2012\nunder the Small Business Commissioner Act 2011\n\nContents\n1\tShort title\n2\tCommencement\n3\tFee for mediation\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Small Business Commissioner Regulations 2012.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Fee for mediation\n\t(1)\tIf the Commissioner arranges for mediation of a dispute with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs.\n\t(2)\tA fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown.\n\t(3)\tThe Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2012\n186\nGazette 9.8.2012 p3477 \n9.8.2012: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations only prescribe a mediation fee, its recoverability and a waiver power; they do not alter the Act's substantive jurisdiction or expand the types of disputes covered. No change of statutory scope is evident within the text."},"complexity_factors":["Very short instrument with one substantive obligation (mediation fee) (r3(1))","Simple numeric rule: fixed $195 per party per day (r3(1))","Recoverability as a debt to the Crown establishes an enforcement route (r3(2))","Commissioner has discretionary power to waive fees, requiring administrative judgment (r3(3))","Minor operational ambiguity in billing 'part of a day' which may require internal guidance","Immediate commencement on enactment simplifies transitional issues (r2)"],"plain_english_summary":"These regulations set a flat mediation charge: when the Commissioner organises mediation with the parties' agreement, each party must pay $195 for each day or part of a day of mediation (r3(1)). The fee can be recovered as a debt to the Crown (r3(2)), and the Commissioner may waive the fee in particular cases (r3(3)). Mechanically, the instrument imposes a predictable user cost, creates an enforceable collection route, and leaves administrative discretion to grant exemptions."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of establishing mediation fees under the Small Business Commissioner Act. No scope creep is evident."},"complexity_factors":["Only 3 operative provisions (short title, commencement, and fee structure)","No defined terms section","No cross-references to other legislation beyond the parent Act citation","Simple conditional logic: flat fee rate with single discretionary waiver power","Total length under 300 words"],"plain_english_summary":"**What this is:** These are regulations made under South Australia's Small Business Commissioner Act 2011. They set the rules for how much small businesses and others must pay when they use mediation services arranged by the Small Business Commissioner.\n\n**What it does:**\n- **Sets a mediation fee:** If the Commissioner arranges mediation that both parties agree to, each side pays **$195 per day** (or part of a day) that the mediation runs.\n- **Makes fees enforceable:** If someone doesn't pay, the government can chase them for the money as a debt owed to the Crown (the government).\n- **Allows fee waivers:** The Commissioner can let someone off paying if they think it's fair in a particular case.\n\n**Who it affects:**\n- Small businesses in South Australia who ask the Commissioner to help resolve disputes\n- Anyone on the other side of those disputes who agrees to mediation\n\n**Why it matters:** It puts a price tag on government-facilitated mediation and gives the Commissioner flexibility to help people who genuinely can't afford the fee."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — the legislative text was not available for analysis. No determination can be made about whether the regulation's scope drifted from its original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Any complexity assessment would be speculative without the actual content","Regulations of this type are typically straightforward administrative instruments with low inherent complexity"],"plain_english_summary":"Likely regulations made under the Small Business Commissioner Act 2011 (SA) setting out administrative detail—for example fees, procedural rules for dispute handling, and definitional criteria of “small business.” They would govern how the Commissioner assists small businesses in commercial disputes and affect small business owners in South Australia and the parties they deal with."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/small-business-commissioner-regulations-2012","history":"/api/acts/small-business-commissioner-regulations-2012/history","analysis":"/api/acts/small-business-commissioner-regulations-2012/analysis","conflicts":"/api/acts/small-business-commissioner-regulations-2012/conflicts","importantCases":"/api/acts/small-business-commissioner-regulations-2012/important-cases","documents":"/api/acts/small-business-commissioner-regulations-2012/documents"}}