Mark Brennan was appointed the Victorian Small Business Commissioner (VSBC) for an initial period of two years beginning on 1 May 2003. In May 2005 he was appointed as Commissioner for a further three years. In 2008 he was reappointed for a further two years.

The first point of call is the VSBC website. It contains information and forms relating to the Small Business Commissioner Act 2003, the Retail Leases Act 2003 and the Owner Drivers and Forestry Contractors Act 2005, and details issues such as dispute resolution, lease notification, waiver certificates, etc. Queries can also be sent via the website or via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

You can telephone the VSBC and speak to an information officer on (03) 9651 9967 or (03) 9651 9316 (alternatively you can contact the Victorian Business Line on 13 22 15). Documentation can also be sent to GPO Box 4509, Melbourne Vic 3001 or faxed to 03 9651 9943.

If you are a small business operator and need assistance on any matter, contact the VSBC on (03) 9651 9967 or (03) 9651 9316. Alternatively you can contact the Victorian Business Line (VBL) on 13 22 15. You can discuss your concerns with an officer who may suggest referring the matter to the VSBC for dispute resolution, or other means for resolving the dispute or problem.

You can download dispute application forms from the website. When the VSBC receives your application form under the Retail Leases Act 2003 or the Owners Drivers and Forestry Contractors Act 2005, an officer will contact the respondent party, and if it is deemed that mediation is the appropriate course of action, the VSBC will organise both parties to attend a mediation session at the earliest possible date.

Under the Small Business Commissioner Act 2003, the VSBC can investigate unfair market practices and refer a dispute to mediation. Submit your dispute application form(s) to the Office of the Victorian Small Business Commissioner by posting it to Level 2, 121 Exhibition Street, Melbourne, 3000, or by faxing it to (03) 9651 9943. The form can also be emailed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The VSBC attempts to resolve disputes in the quickest, most cost-effective manner to ease the legal burden on both parties.  The process allows both parties to outline their concerns and an experienced mediator will attempt to broker an outcome that is acceptable to both parties.  A Panel of Dispute Resolution has been established to facilitate this process to ensure that the promise of cost-effective dispute resolution is met.

Most mediations undertaken to resolve disputes are held at the VSBC at Level 2, 121 Exhibition Street, Melbourne. However, for disputes in regional areas, mediations can be arranged in a location that suits both parties. To date, regional mediations have been held in such places as Geelong, Bendigo, Ballarat, Horsham, Shepparton, Mildura, Warrnambool and Traralgon.
A number of the mediators on the Panel of Dispute Resolution are regionally based, whilst others are prepared to travel from Melbourne to mediate disputes. 

Dispute resolution through mediation costs each party $195 per day for Retail Leases Act and Small Business Commissioner Act disputes, and $95 per day for Owner Drivers and Forestry Contractors Act disputes, with the VSBC subsidising the majority of costs. However, if the stakes are high, a greater contribution may be sought from the parties. If either side wants to bring along their own lawyer they can do so, but at their own cost.

For disputes under the Retail Leases Act 2003 or under the Owner Drivers and Forestry Contractors Act 2005, if the VSBC is unable to reach satisfactory mediation, the matter can be referred to the Victorian Civil and Administrative Tribunal (VCAT) for a more formal hearing process and for a determination to be made.

For this to occur with retail leasing disputes, the Commissioner must certify that dispute resolution has been attempted and has failed as per section 87 of the Retail Leases Act 2003.

For this to occur with owner driver and forestry contractor disputes, the Commissioner must certify that mediation has been attempted and has failed, as per section 40 of the Owner Drivers and Forestry Contractors Act 2005.

There is no definition of ‘small business’ under the Small Business Commissioner Act 2003. VSBC staff examine each case individually. 

There is a lot of detailed information published by local, state and federal governments to assist small business owners and those who wish to establish small businesses.  This includes the Business Victoria website and the Victorian Business Line (13 22 15). You can also visit one of the Victorian Business Centres, located throughout the state. Click here for details. You can also contact the Small Business Mentoring Service to assist you with business objectives, planning, marketing and motivation and management. These organisations, together with the VSBC and many others, assist Victorian small business owners and operators to make informed decisions. For more links, refer to the "Useful links" button under "Small Business Issues".