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 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.

If a party refuses to take part in, or withdraws from, mediation, VCAT may make an order for costs against that party. A party, however, can seek an injunction (an order to stop someone from doing something) from VCAT before mediation by the Office of the Victorian Small Business Commissioner if the circumstances are urgent and justify such an order.

Referring a Dispute to the Office of the Victorian Small Business Commissioner

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.

Before formally lodging such a dispute with the Office of the Victorian Small Business Commissioner, the parties should first discuss the matter with the VSBC by telephoning (03) 9651 9967 or (03) 9651 9316.

After receiving a dispute application, the Office of the Victorian Small Business Commissioner seeks to resolve the matter without the need for mediation. If mediation proceeds, this usually happens within 8-10 weeks, but if a dispute is urgent, a shorter time frame can be set.

Mediations can be arranged in regional Victoria, if this is more convenient to the parties.

A dispute application form can be downloaded here.

Cost of Mediation

There is no application fee for notifying an owner drivers or forestry contractors dispute to the Office of the Victorian Small Business Commissioner. However, if the dispute proceeds to mediation, the cost of mediation is $95 for each party, paid on the day of mediation. The Office of the Victorian Small Business Commissioner will pay the remainder of the mediator’s fees. In some cases, where the stakes are high, a greater contribution to the cost of mediation may be sought from the parties.

What is the purpose of mediation?

The purpose of mediation is to:
•     seek to resolve all of the issues in dispute between the parties
•     maintain the parties’ commercial relationship and
•     allow everyone to ‘get on with business’.

The role of the independent mediator appointed by the Office of the Victorian Small Business Commissioner is to:
•     help the parties communicate openly
•     help evaluate options and
•     help the parties to reach their own agreement.
 
Mediators are not judges, do not give binding judgments, and do not give the parties legal advice.

To download the owner drivers and forestry contractors dispute application form, click here, complete it, mail it to the Office of the Victorian Small Business Commissioner, Level 2, 121 Exhibition Street, Melbourne, 3000, fax it to 03 9651 9943 or email it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For more information about Small Business Commissioner dispute resolution, refer to the factsheet below.

vsbc_dispute_resolution_factsheet.pdf