Chapter 4

Committee view

4.1        The decision by the government in 2012 to appoint an Australian Small Business Commissioner was welcomed by industry bodies and stakeholders; indeed COSBOA described the appointment as a 'historic day for the small business community'.[1] The decision followed an extensive consultation process and consideration of other options for an office or body that could work to improve the resolution of small business disputes. This process also considered how a Commonwealth body would fit within the existing patchwork of external dispute resolution services, state small business commissioners and the various Commonwealth, state and territory departments and agencies. It is clearly desirable to avoid changes that would overlap the responsibilities of these existing agencies or create confusion for small businesses as to what body they should approach for assistance.

4.2        The Australian Small Business Commissioner commenced work on 2 January 2013. It is important that the current Small Business Commissioner is given time to shape the position and that they can focus on ensuring that small business issues receive the attention of policy makers and regulatory agencies. Encouragingly, the committee notes that within the short period of time that has elapsed since the position became effective, the current Small Business Commissioner has identified a number of issues that he intends to focus on and pursue, including ways for Commonwealth agencies to improve how they deal with small businesses. These issues were outlined by the current Commissioner during the evidence given to the committee in February 2013 as part of the 2012–13 additional estimates hearings. Significantly in terms of this bill, the Commissioner, who has worked under both statutory and non-statutory regimes, also indicated that establishing credibility is more important than having coercive statutory powers available.[2]

4.3        Turning to the bill itself, it is apparent that it requires further refinement in a number of areas before it could be proceeded with. In any case, the committee does not consider that the bill should be passed for the reasons outlined above.

Recommendation 1

4.4        The committee recommends that the Senate not pass the bill.

 

Senator Mark Bishop
Chair

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