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| | 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.
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| | The first point of call for the VSBC should be the 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 on issues such as dispute resolution, lease notification, waiver certificates, etc. You can also send queries via the website. Alternatively you can telephone the VSBC and speak to an information officer on 13 22 15 or toll free 1800 136 034. You can also write or send information and completed forms to the VSBC at Level 2, 121 Exhibition Street, Melbourne, 3000, or by fax on 03 9651 9943.
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| | If you are a small business operator and need assistance on any matter, contact the VSBC on 13 22 15 or toll free 1800 136 034. Staff in the call centre will handle basic queries and provide advice on matters such as retail tenancy laws and the Owner Drivers and Forestry Contractors Act. More complex issues will be referred to one of our officers, who will attempt to resolve the matter by talking to the parties concerned.
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| | For a Retail Leases Act 2003 dispute, the first point of contact should be through the VSBC website where you can download the application for a “Referral of a Retail Tenancy Dispute” - this form can be submitted online, by fax or by post. Click here to download the form, or to submit the form online, click here. When the VSBC receives your referral it will review the situation 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.
From 1 December 2006, the VSBC has responsibilities under the Owner Drivers and Forestry Contractors Act 2005. To refer an Owner Drivers and Forestry Contractors dispute to the VSBC, download the application form by clicking here.
Under the Small Business Commissioner Act 2003, the Office of the Victorian Small Business Commissioner can investigate unfair market practices and then make a representation to an appropriate person or body, or refer the dispute to mediation.
If you would like to notify the Office of the Victorian Small Business Commissioner of a dispute concerning an unfair market practice, please download the application form by clicking here.
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 sbc@sbc.vic.gov.au
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| | The VSBC will attempt to resolve disputes in the quickest, most cost-effective manner to ease the legal burden on both parties. The process will allow for 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.
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| | Dispute resolution through mediation costs each party $195 per day for retail leasing 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.
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| | 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 there.
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.
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| | There is no definition of ‘small business’ under the Small Business Commissioner Act 2003. VSBC staff use common sense and are open-minded when determining eligibility for assistance. The VSBC judges each case individually.
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