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Compliance & disputes

State Small Business Commissioner

A state-based office (in NSW, VIC, QLD, SA and WA) that offers small businesses, including franchisees, low-cost dispute-resolution and advice services.

What it means

Alongside the national Australian Small Business and Family Enterprise Ombudsman (ASBFEO), several states run their own Small Business Commissioners. They provide information, and importantly, low-cost mediation and dispute-assistance services for small businesses.

For a franchisee in dispute, a state commissioner can be a practical, affordable first port of call, often faster and cheaper than lawyers or court, and experienced in commercial-tenancy and franchising matters.

In practice

Check whether your state has a Small Business Commissioner (NSW, Victoria, Queensland, South Australia and Western Australia do). They can help with both franchising disputes and the commercial-lease disputes that often sit alongside them.

A real example

A Victorian café franchisee in a rent dispute with a franchisor-controlled sub-lease uses the Victorian Small Business Commission's low-cost mediation service to reach a settlement without litigation.

State Small Business Commissioner, FAQs

Which states have a Small Business Commissioner?

New South Wales, Victoria, Queensland, South Australia and Western Australia each have a Small Business Commissioner or Commission offering advice and low-cost dispute resolution.

Should I use a state commissioner or the ASBFEO?

Both help. The ASBFEO is the national body that can arrange mediation and arbitration for franchising disputes; state commissioners offer local, low-cost services, especially useful where a lease dispute is involved.

Related terms
Australian Small Business and Family Enterprise Ombudsman (ASBFEO)Dispute resolutionMediationRelated agreement

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