Small Business Commissioner Bill 2021

Introduced: 12/10/2021By: Hon D Farmer MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill permanently establishes a Queensland Small Business Commissioner to provide advice, support, and dispute resolution services for small businesses. It replaces the temporary commissioner role created during the COVID-19 pandemic with a permanent statutory office, making Queensland consistent with every other mainland state.

Who it affects

Small business owners gain a dedicated office for advice and affordable mediation of leasing and franchise disputes. Commercial landlords and franchisors may be drawn into mediation processes administered by the commissioner.

Key changes

  • Creates a permanent Small Business Commissioner appointed for up to 5 years, with functions including advocacy, advice, and dispute resolution for small businesses
  • Establishes a mediation process for small business lease disputes and franchise disputes on an opt-in basis, with mediation fees set by regulation
  • Transfers administration of retail tenancy dispute mediation from the chief executive under the Retail Shop Leases Act 1994 to the new commissioner
  • Removes the temporary commissioner provisions from the COVID-19 Emergency Response Act 2020, with transitional arrangements for ongoing disputes
  • Provides for confidentiality protections with penalties of up to 50 penalty units for disclosing confidential information obtained while performing functions under the Act

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced12 Oct 2021View Hansard
First Reading12 Oct 2021View Hansard
Committee12 Oct 2021 – 29 Mar 2022View Hansard

Referred to Education, Employment and Training Committee

Second Reading24 Feb 2022 – 29 Mar 2022View Hansard
44 members spoke27 support17 mixed
11.56 amMr O'CONNORSupports

Continued his contribution supporting the permanent Small Business Commissioner, praising the office's advocacy work, but raised concerns about the need for greater independence from ministerial direction.

From the feedback I have heard from Frigg and a number of other local businesses they are certainly punching above their weight.2022-03-29View Hansard
12.08 pmMr WEIRMixed

Continued his speech from the previous sitting day, detailing the bill's dispute resolution provisions and noting concerns raised by submitters about the commissioner's independence, lack of small business definition, and scope of mediation.

Small business has done it tough throughout COVID and continues to do so.2022-03-17View Hansard
6.35 pmDr ROWANMixed

Stated the LNP will not oppose the bill and acknowledged the positive role of the existing commissioner, but raised significant concerns about the commissioner's independence from government and criticised the bill as full of missed opportunities for small business protection.

Given the integrity and accountability crisis that is engulfing the state Labor government, Queenslanders have every right to question the real independence that will be granted to the Small Business Commissioner under the legislation as it is currently proposed.2022-03-16View Hansard
4.53 pmMr SKELTONSupports

Spoke in favour of establishing a permanent Small Business Commissioner, highlighting the extensive stakeholder consultation and the benefits of a single point of contact for small business dispute resolution.

Having a permanent Small Business Commissioner brings Queensland into step with every other mainland state in Australia and has been a terrific initiative by the Palaszczuk Labor government.2022-03-15View Hansard
4.01 pmHon. DE FARMERSupports

As the minister responsible, continued her introduction speech highlighting the success of the temporary commissioner during COVID-19, including over 7,200 activities for small business and signing 25 councils to the Small Business Friendly Councils charter.

Since May 2020, the temporary commissioner and supporting office have carried out more than 7,200 activities for small business, including inquiries, disputes, outreach and advocacy activities, playing a critical role in supporting Queensland businesses to avoid lengthy and costly leasing disputes during the pandemic with early information, advice and access to mediation services.2022-02-24View Hansard
12.01 pmMs KINGSupports

Supported the bill as a key measure for small business in Queensland, praising the temporary commissioner's work during COVID-19.

12.09 pmMr KELLYSupports

Supported the bill as part of the government's ongoing commitment to small business, highlighting the commissioner's role in dispute resolution.

This bill will retain something from COVID that worked well by permanently establishing the Small Business Commissioner.2022-03-17View Hansard
6.44 pmMrs MULLENSupports

Strongly supported the bill as confirming the government's commitment to small business, praised the temporary commissioner's work during COVID-19, and highlighted the benefits of the Small Business Friendly Program.

I think anything we can do to provide a clear pathway tailored to our small businesses in Queensland to get the information they need and to resolve disputes faster and more easily is welcomed and will support them to reduce costs and red tape.2022-03-16View Hansard
5.01 pmMr JANETZKIMixed

Said the LNP will not oppose the bill and applauded making the commissioner permanent, but heavily criticised the government for neglecting small business throughout the pandemic and lacking a clear plan for business support.

While the bill will not be opposed by the opposition—in fact, we applaud making permanent the role of the Small Business Commissioner—I want to highlight a range of areas where small business has been forgotten.2022-03-15View Hansard
4.16 pmMr MICKELBERGMixed

As LNP shadow minister, stated the LNP will not oppose the bill but has reservations about the commissioner's independence and powers, and foreshadowed two amendments to make the office independent of the minister and give the commissioner power to compel information from government departments.

At the outset let me state that the LNP will not be opposing the bill; however, we do have some reservations in relation to the bill. To that end, it is my intention to move two amendments during consideration in detail.2022-02-24View Hansard
12.11 pmMr PERRETTSupports

Supported the establishment of a permanent Small Business Commissioner while calling for greater independence and more direct support for small businesses.

12.18 pmMr MILLARMixed

Acknowledged the LNP has always understood small business is the backbone of the economy, particularly in regional Queensland, and supported establishing the commissioner while flagging concerns about independence.

The LNP has always understood that small business is the backbone of the Queensland economy, and that is nowhere truer than in regional and rural Queensland.2022-03-17View Hansard
6.53 pmMr WEIRMixed

Summarised the bill's provisions and noted that while all submitters supported establishing the commissioner, concerns were raised about the commissioner's independence, lack of a small business definition, and scope of dispute resolution functions. Flagged LNP amendments to address independence concerns.

A number of submitters commented on the independence of the commissioner's role, noting that to truly advocate on behalf of business it is likely to be a challenge for the office given that it is a body that reports to the minister.2022-03-16View Hansard
5.12 pmMr SMITHSupports

Supported the bill, emphasising the importance of small businesses to regional economies and praising the government's COVID-19 economic recovery plan including grants, payroll tax relief and the permanent Small Business Commissioner.

Labor supports small businesses because small businesses support our communities. That is what it is all about.2022-03-15View Hansard
4.30 pmMs RICHARDSSupports

As committee chair, reported the committee recommended the bill be passed and defended the inquiry process, criticising the LNP's record of abolishing the previous small business commissioner after only eight months.

I rise to support the Small Business Commissioner Bill 2021. As chair of the committee, I can report that the committee made one recommendation and that was that the bill be passed.2022-02-24View Hansard
12.19 pmMs PEASESupports

Supported the bill, highlighting the value of the commissioner to small businesses in her electorate.

12.26 pmHon. MC de BRENNISupports

Supported the bill as part of the government's commitment to small business, highlighting the commissioner's role in supporting businesses through COVID recovery.

I rise to speak in support of the Small Business Commissioner Bill.2022-03-17View Hansard
5.22 pmMr LANGBROEKMixed

Acknowledged the LNP will not oppose the bill but questioned whether the commissioner is sufficiently independent from government, citing ministerial direction and reporting powers that could undermine its advocacy function.

In order for the Small Business Commissioner to operate for small business, this bill must provide for requisite independence.2022-03-15View Hansard
4.40 pmMr LISTERMixed

Expressed concerns about the commissioner's lack of power to compel state government departments to cooperate or initiate investigations, and doubts about the commissioner's independence given the reporting chain to the minister.

The opposition members of the committee were particularly concerned that the Small Business Commissioner would not have the power to compel state government departments to cooperate with inquiries or to initiate investigations in its own right.2022-02-24View Hansard
12.27 pmMr SAUNDERSSupports

Supported the bill as important for small businesses, particularly those recovering from the pandemic and natural disasters.

12.34 pmMr KNUTHSupports

Supported the bill but stressed the appointment must be transparent and devoid of cronyism, the commissioner must be truly independent, and regional Queensland's unique challenges must be recognised.

I wish to state that I will be supporting this bill. However, I want to put on record that the appointment of the commissioner must be transparent and devoid of cronyism.2022-03-17View Hansard
5.02 pmMr DAMETTOSupports

Expressed KAP's support for the bill and small businesses, while noting concerns about whether the commissioner will be a 'toothless tiger' without legal decision-making power, and acknowledging the committee recommended the bill pass.

At the outset I want to add the KAP's support to the 450,000 small businesses across Queensland and acknowledge the important part that they have played over the last two years as we have navigated our way through the COVID pandemic.2022-02-24View Hansard
12.37 pmMs PUGHSupports

Supported the bill, emphasising the importance of the commissioner for small business dispute resolution.

12.40 pmMr POWERSupports

Supported the bill, highlighting the importance of the commissioner's dispute resolution role for small business tenancy issues in the Logan region.

I rise to speak in support of the Small Business Commissioner Bill.2022-03-17View Hansard
5.10 pmMr SULLIVANSupports

As a committee member, supported the bill as another example of the government's commitment to supporting small business, noting it would cement the commissioner structure on a permanent basis post-pandemic.

I rise to support the Small Business Commissioner Bill 2021. As a member of the Education, Employment and Training Committee, it is a joy to contribute to this debate.2022-02-24View Hansard
12.47 pmMr TANTARISupports

Supported the bill, praising the permanent establishment of the Small Business Commissioner.

12.50 pmMs LEAHYMixed

Thanked the committee and submitters, supported the commissioner concept but raised concerns about the impact of floods and COVID on regional small businesses needing more support.

I rise to contribute to the debate on the Small Business Commissioner.2022-03-17View Hansard
5.19 pmMr BOOTHMANMixed

Spoke about challenges facing small businesses in his electorate including COVID impacts and crime, while supporting the concept of a commissioner but expressing concerns aligned with the LNP's proposed amendments on independence.

Small and family businesses are the backbone of the Queensland economy. The more than 450,000 Queensland small and family businesses are located in every corner of our state.2022-02-24View Hansard
12.57 pmMr RUSSOSupports

Supported the bill, speaking to the importance of a permanent Small Business Commissioner for Queensland's small business sector.

4.01 pmMr WHITINGSupports

Supported the bill, emphasising that the ALP will always be a champion of small business as supporting small business is one of the core values of working Queenslanders.

Ordinary working Queenslanders have always wanted a decent job and have the dream of being their own boss one day.2022-03-17View Hansard
5.26 pmHon. SM FENTIMANSupports

As Attorney-General and former small business minister, spoke in favour of the bill, highlighting government support for small businesses during the pandemic and sharing examples of successful local businesses in her electorate.

I rise to speak in favour of the Small Business Commissioner Bill. As we have heard from almost all members, we absolutely love the small businesses in our local communities. They really are the heart of our local communities and the engine room of our economy.2022-02-24View Hansard
3.26 pmMr KINGSupports

Supported the bill and the permanent establishment of the Small Business Commissioner.

4.08 pmMrs FRECKLINGTONMixed

Supported any initiative that supports small business but argued the government has not done enough, noting small businesses in her electorate have been devastated by COVID restrictions without adequate support.

From the outset I acknowledge that I support any initiative that supports small business in Queensland.2022-03-17View Hansard
5.33 pmMr POWELLMixed

Praised the work of the temporary Small Business Commissioner but supported the LNP's amendments to make the office independent of the minister and to give the commissioner power to compel information from government departments.

As the shadow minister has said, we will not oppose the Small Business Commissioner Bill but we will propose a couple of amendments. The first of those will be to make the office independent of the minister.2022-02-24View Hansard
3.31 pmMr BROWNSupports

Supported the bill, highlighting the value of the commissioner for small businesses in his electorate.

4.24 pmMr PURDIEMixed

Supported the bill's aim to provide tailored support and dispute resolution for small businesses but criticised the government's broader record on supporting small business during COVID.

This bill aims to give effect to the permanency of a Queensland small business commissioner and a supporting office.2022-03-17View Hansard
5.43 pmMr McCALLUMSupports

Supported the bill as improving support for small business owners, contrasting the government's record with the LNP's abolition of the previous Small Business Commissioner and failure to release a dedicated small business policy.

I rise in support of the Small Business Commissioner Bill which will provide improved support and advice for small business owners across our great state.2022-02-24View Hansard
4.43 pmMrs GERBERMixed

Supported the concept of the commissioner but argued the bill did not go far enough in terms of independence and advocacy powers, emphasising the need for strong advocacy for small business.

If the past two years have demonstrated anything, it is just how crucial strong advocacy is for our small and family businesses.2022-03-17View Hansard
5.52 pmMs CAMMMixed

Acknowledged the importance of the temporary commissioner's role during COVID-19 but highlighted the LNP's amendments around independence, and raised concerns about the disproportionate costs of insurance and electricity facing North Queensland small businesses.

I would like to highlight the LNP's position and the amendments that have been outlined by our shadow minister for small and family business, particularly the amendments around the office being independent of the minister.2022-02-24View Hansard
5.03 pmMr BENNETTMixed

Supported establishing the commissioner but criticised the government's lack of support for small business during COVID and mandates, particularly in regional Queensland.

Small businesses in regional Queensland face different issues compared to those in the large south-east corner.2022-03-17View Hansard
5.12 pmMs LUISupports

Supported the bill, highlighting the importance of the commissioner for remote and regional small businesses in the Cook electorate.

I rise to support the Small Business Commissioner Bill.2022-03-17View Hansard
5.22 pmMs BOLTONSupports

Supported the bill, praising the temporary commissioner Maree Adshead as invaluable to the Noosa community, but called for more financial support for businesses affected by mandates.

Small businesses are collectively the biggest employer in Queensland, and Noosa has a significant vested interest in ensuring they are adequately represented.2022-03-17View Hansard
5.36 pmDr MacMAHONMixed

Acknowledged the bill takes a good step in providing statutory dispute resolution but argued it falls well short of the support small businesses really need, sharing stories of businesses that closed in her electorate.

Providing a statutory basis for the Small Business Commissioner's dispute resolution functions is important and a great step, but what is the point of dispute resolution if you have to close your business because the impacts of the pandemic have finally taken their toll?2022-03-17View Hansard
5.45 pmHon. G GRACESupports

Supported the bill as Minister for Racing, congratulating the minister for bringing it forward and highlighting how the previous COVID emergency legislation had established the temporary commissioner successfully.

I rise to support the Small Business Commissioner Bill before the House and congratulate the minister for bringing it forward.2022-03-17View Hansard
In Detail29 Mar 2022View Hansard
Government amendmentPassed

Minor amendment to clause 2 changing the commencement date from 1 March to 3 May 2022.

Moved by Ms FARMER
Opposition amendmentDefeated

Amendment to omit clause 17 (ministerial direction power) to increase the independence of the Small Business Commissioner, leaving only the statement of expectations mechanism.

Moved by Mr MICKELBERG

That the amendment be agreed to

Vote on LNP amendment moved by Mr Mickelberg to increase the Small Business Commissioner's independence by removing the ministerial direction provision (clause 17), retaining only the statement of expectations mechanism. Defeated 35-52.

Defeated35 ayes – 52 noes2022-03-29

The motion was defeated.

Show individual votes

Ayes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (52)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Robinson(Liberal National Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
Government amendmentPassed

Minor technical amendment to clause 21(2) removing an incorrect reference to section 15(a) of the Australian Small Business and Family Enterprise Ombudsman Act 2015, as referrals are made administratively.

Moved by Ms FARMER
Opposition amendmentDefeated

Amendment to insert new clause 37A giving the Small Business Commissioner power to require prescribed government entities to provide information relevant to dispute resolution, particularly addressing late invoice payments by government departments.

Moved by Mr MICKELBERG

That the amendment be agreed to

Vote on LNP amendment moved by Mr Mickelberg to increase the Small Business Commissioner's independence by removing the ministerial direction provision (clause 17), retaining only the statement of expectations mechanism. Defeated 35-52.

Defeated35 ayes – 52 noes2022-03-29

The motion was defeated.

Show individual votes

Ayes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (52)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Robinson(Liberal National Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
4.00 pmMr MICKELBERGMixed

Supported the permanent commissioner but moved two amendments during Consideration in Detail: one to increase independence by removing ministerial direction powers, and another to give the commissioner information-gathering powers over government entities. Both were defeated.

Small businesses need to know that the Small Business Commissioner is working for them and not working for the government.2022-03-29View Hansard
Third Reading29 Mar 2022View Hansard
Became Act 5 of 20228 Apr 2022