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About dispute resolution
The Victorian Small Business Commissioner has responsibilities for dispute resolution under the Small Business Commissioner Act 2003, the Retail Leases Act 2003 and the Owner Drivers and Forestry Contractors Act 2005.
Disputes under the Small Business Commissioner Act 2003
The Victorian Small Business Commissioner has a dispute resolution function under section 5c of the Small Business Commissioner Act 2003:
“to receive and investigate complaints by small businesses regarding unfair market practices and mediate between the parties involved in the complaint”
To read more about the Victorian Small Business Commissioner’s functions under the Small Business Commissioner Act 2003, click here.
If you would like to notify the Office of the Victorian Small Business Commissioner of a dispute concerning an unfair market practice, download the application form here, complete it, and mail it to the Office of the Victorian Small Business Commissioner, Level 2, 121 Exhibition Street, Melbourne, 3000, or fax it to 9651 9943.
Disputes under the Retail Leases Act 2003
According to the Retail Leases Act 2003, one of the functions of the Victorian Small Business Commissioner is:
“to make arrangements to facilitate the resolution by mediation, or by another appropriate form of alternative dispute resolution, of retail tenancy disputes (whether or not a dispute has been formally referred under this Act to the Commissioner). Further, any or all of the parties to a retail premises lease may refer a retail tenancy dispute to the Victorian Small Business Commissioner.
Under the Retail Leases Act, the Victorian Small Business Commissioner must arrange for each retail tenancy dispute referred to the Office to be the subject of mediation by a mediator or another appropriate form of alternative dispute resolution by a suitably qualified person.
To find out more about the dispute resolution under the Retail Leases Act 2003, click here, and refer to sections 81 to 92.
If you would like to notify the Office of the Victorian Small Business Commissioner of a dispute relating to a retail lease, please complete and submit the online form here.
Alternatively, download and complete the document by clicking here, and mail it to the Office of the Victorian Small Business Commissioner, Level 2, 121 Exhibition Street, Melbourne, 3000,or fax to 9651 9943.
Please note that the details that you provide may be forwarded to the respondent. Submission of a referral form indicates your agreement to this.
Disputes under the Owner Drivers and Forestry Contractors Act 2005
Under the Owner Drivers and Forestry Contractors Act 2005, the Office of the Victorian Small Business Commissioner provides an alternative dispute resolution service for owner drivers, forestry contractors, haulage contractors and their hirers. Any party can initiate this process.
Alternative dispute resolution includes the Office of the Victorian Small Business Commissioner providing:
- preliminary assistance and advice to ensure that both contractors and hirers are fully aware of their rights and obligations;
- an independent, low cost, accessible and confidential mediation service for the resolution of disputes.
Disputes between contractors and hirers, and vice versa, must come to the Office of the Victorian Small Business Commissioner for mediation before they can be referred to the Victorian Civil and Administrative Tribunal (VCAT).
Both owner drivers, forestry contractors and haulage contractors, and their hirers, may refer disputes to the Office of the Victorian Small Business Commissioner for mediation.
To download the owner drivers and forestry contractors dispute application form, click here, complete it and mail it to the Office of the Victorian Small Business Commissioner, Level 2, 121 Exhibition Street, Melbourne, 3000,or fax to 9651 9943.
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