Small Business Commissioner Act 2022

1. You must try informal resolution first — contact the Commissioner before applying for formal mediation
2. All parties must agree to mediate
3. The conference is private — no public record is kept, and nothing said there can be used against you in court later
4. You generally represent yourself (no lawyers acting for you, unless you're a company or the mediator allows it)
5. Nobody can be forced to attend
6. 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
7. 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)

Franchise Disputes

If 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.

Confidentiality Matters

Sensitive 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.

Background: COVID-19 Origins

This 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.

The 5-Year Review

The Minister must review whether this law is working effectively around 2027 and report back to Parliament.