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, advocacy, and affordable dispute resolution for small businesses. It replaces the temporary commissioner created during COVID-19 with a permanent statutory office and transfers administration of retail tenancy dispute mediation to the new commissioner.

Who it affects

Small business owners, commercial tenants, landlords, and franchisees gain access to a dedicated commissioner who can help resolve disputes through low-cost mediation instead of expensive court proceedings.

Key changes

  • Creates a permanent Queensland Small Business Commissioner appointed by the Governor in Council for up to 5 years, with functions including advice, advocacy, and dispute resolution
  • Establishes a mediation process for small business lease disputes and franchise disputes, available on an opt-in basis where all parties agree
  • Transfers administration of retail tenancy dispute mediation from the departmental chief executive to the Small Business Commissioner
  • Franchise disputes can be mediated if referred by the Australian Small Business and Family Enterprise Ombudsman
  • Mediation agreements are enforceable through the courts, and confidentiality protections apply with penalties of up to 50 penalty units for unauthorised disclosure

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 2021View Hansard

Referred to Education, Employment and Training Committee

Committee Findings
Recommended passage

The Education, Employment and Training Committee examined the Small Business Commissioner Bill 2021 over six weeks, receiving 13 submissions and holding a public hearing. The committee recommended the bill be passed, noting broad stakeholder support for permanently establishing a Queensland Small Business Commissioner. Key concerns raised included the lack of a statutory definition for 'small business', the scope of the commissioner's mediation and advocacy functions, and the independence of the role from ministerial direction. LNP members filed a statement of reservation arguing the commissioner needed stronger investigative powers and greater independence from government.

Key findings (5)
  • All submitters supported the objective of permanently establishing a Queensland Small Business Commissioner, building on the temporary role created during COVID-19.
  • Stakeholders raised concerns that the bill did not define 'small business', creating uncertainty about who could access the commissioner's services.
  • Several submitters, including the Australian Small Business and Family Enterprise Ombudsman, argued the commissioner should handle a broader range of disputes beyond lease and franchise matters.
  • The Queensland Law Society and others questioned whether the commissioner could be truly independent given the ministerial direction power in clause 17.
  • The committee found the bill's confidentiality provisions and human rights compatibility to be adequate, with mediation-related offence penalties considered proportionate.
Recommendations (1)
  • The committee recommends the Small Business Commissioner Bill 2021 be passed.
Dissenting views: LNP members James Lister (Southern Downs) and Mark Boothman (Theodore) filed a statement of reservation arguing the bill failed to give the commissioner sufficient powers to initiate inquiries, compel government cooperation in investigations, or act independently from the executive. They called for the commissioner to report to Parliament rather than the Minister, and noted that the commissioner did not appear before the committee at the public hearing despite being present, which they said reinforced concerns about a lack of independence.
AI-generated summary — may contain errors
Committee Report26 Nov 2021

Committee report tabled

Second Reading24 Feb 2022View Hansard
28 members spoke26 support2 mixed
11.56 amMr O'CONNORSupports

Supported making the Small Business Commissioner permanent but argued the bill needed the LNP's amendments to give the commissioner sufficient independence and powers. Praised the commissioner's engagement with local businesses.

I support making this important body permanent, but it should be given the additional, justifiable, sensible powers that we have suggested.2022-03-29View Hansard
12.08 pmMr WEIRSupports

Acknowledged small businesses are doing it tough during COVID and floods, and confirmed the LNP would support the bill while noting the member for Buderim would move amendments to enhance the commissioner's role.

The LNP will be supporting the bill; however, the member for Buderim will move some commonsense amendments that would further enhance the scope of the Small Business Commissioner's role.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 further small business protections.

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

Supported the bill to permanently establish a Small Business Commissioner, highlighting the extensive stakeholder consultation and the commissioner's role in providing a one-stop shop for small business dispute resolution and support.

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
12.01 pmMs KINGSupports

Strongly supported the bill, highlighting the importance of a permanent Small Business Commissioner for flood and COVID recovery. Criticised the LNP's record of abolishing the previous commissioner.

It has taken Labor to make the Small Business Commissioner permanent once more and bring Queensland into line with other states.2022-03-29View Hansard
12.09 pmMr KELLYSupports

Strongly supported the bill, contrasting it with the LNP's abolition of the small business commissioner when in government, and gave examples of poor behaviour by commercial landlords during COVID that the commissioner could address.

I think we should compare the Small Business Commissioner being put forward by the minister to the small business commissioner under the LNP. You would have had great concerns about the tools and the independence of that small business commissioner because that small business commissioner did not exist. It was abolished.2022-03-17View Hansard
6.44 pmMrs MULLENSupports

Spoke in strong support of the bill, highlighting the government's commitment to small business and praising the work of the temporary Small Business Commissioner during COVID-19, particularly in resolving retail tenancy disputes.

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 JANETZKISupports

Welcomed the permanent Small Business Commissioner role and confirmed the LNP would not oppose the bill, but criticised the government for lacking a strategic plan to support small business through the pandemic and flooding events, citing declining business confidence and mental health impacts.

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
12.11 pmMr PERRETTSupports

Supported permanently establishing the commissioner but argued the bill fails to deliver sufficient powers. Urged support for LNP amendments to give the commissioner independence and information-gathering powers.

Small businesses need a powerful voice and a strong advocate, a strong cop on the beat, that does more than just resolving disputes and mediating tenancy disputes. This bill fails that test.2022-03-29View Hansard
12.18 pmMr MILLARSupports

Welcomed the bill and emphasised the importance of small business in regional Queensland, but expressed concerns that the commissioner may lack true independence from government and sufficient powers to compel the release of information from departments.

I truly welcome this bill—I truly do—but the test will be in the tasting, as they say. I do fear this legislation, while well-intentioned, is too vague and will not do the job that is necessary for our small businesses.2022-03-17View Hansard
6.53 pmMr WEIRMixed

Outlined the bill's objectives and noted concerns raised by submitters about the commissioner's independence and the lack of a small business definition, flagging that the LNP shadow minister would move amendments to address these issues.

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, praising the government's broader economic recovery plan for small business including COVID adaptation grants, payroll tax relief, and low-interest loans, and highlighting the importance of small business to regional communities.

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

Supported the bill, highlighting her electorate's 6,500 small businesses and the commissioner's work during the pandemic. Criticised the LNP for abolishing the previous Small Business Commissioner.

In Queensland, small business represents over 97 per cent of businesses statewide and employs 44 per cent of private sector workers—that is, almost one million Queenslanders working in small businesses.2022-03-29View Hansard
12.26 pmHon. MC de BRENNISupports

Supported the bill as action for small businesses and their families, highlighted the government's procurement policy requiring 25 per cent spend with small and medium enterprises, and rejected LNP criticism of the commissioner's independence.

Whether you are selling gifts and magazines, whether you are delivering promotional wear for local sports clubs and schools, whether you are making pizza or slow-cooked ribs—our message is that the Palaszczuk government is committed to supporting your business to succeed in our community.2022-03-17View Hansard
5.22 pmMr LANGBROEKSupports

Supported the bill's objective of establishing a permanent Small Business Commissioner but raised concerns about the commissioner's independence from ministerial direction and the lack of detail on advocacy functions.

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

Drew on his lifelong small business background to support the bill. Argued Labor governments have always supported small business through strong wages and employment.

I support this bill because I believe the Small Business Commissioner is a must. I am glad that this legislation will ensure the Small Business Commissioner is in place permanently.2022-03-29View Hansard
12.34 pmMr KNUTHSupports

Supported the bill but insisted the appointment must be transparent and devoid of cronyism, welcomed the dispute resolution and red tape reduction aspects, and criticised the temporary commissioner for not petitioning against vaccine mandates.

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 to ensure we have a person on the job who is independent from government.2022-03-17View Hansard
12.37 pmMs PUGHSupports

Supported the bill, sharing a story of a local business owner who used the commissioner's template letter to successfully negotiate a rent reduction during COVID.

I cannot overstate, as I said, the importance for many small business owners of knowing they have that support there, somebody they can turn to for advice if and when they need it.2022-03-29View Hansard
12.40 pmMr POWERSupports

Emphasised the power imbalance between small and big businesses, particularly over commercial leases, and argued the Small Business Commissioner would ensure fair dispute resolution to protect small businesses from being dominated.

We on this side of the House recognise that these small businesses have a power imbalance often with big business who control the suppliers they have and the real estate they are in.2022-03-17View Hansard
12.47 pmMr TANTARISupports

Supported the bill, noting that Hervey Bay has 2,900 small businesses representing 97.7 per cent of all local businesses. Highlighted the commissioner's dispute resolution role in addressing power imbalances between small businesses and larger corporations.

Having the Small Business Commissioner available to assist them during these disputes allows small businesses to balance the scales a little by giving them the assistance they need in these matters.2022-03-29View Hansard
12.50 pmMs LEAHYSupports

Confirmed the LNP would not oppose the bill and outlined two LNP amendments: removing the ministerial direction requirement and giving the commissioner power to obtain information from government entities to resolve disputes more effectively.

I urge the government to take on board these amendments. They would improve the outcomes for family and small businesses right across Queensland.2022-03-17View Hansard
12.57 pmMr RUSSOSupports

Supported the bill, outlining the temporary commissioner's role during COVID and the government's broader small business support measures.

I rise to speak in support of the Small Business Commissioner Bill 2021.2022-03-29View Hansard
3.06 pmHon. LM LINARDSupports

Supported the bill as Minister for Children and Youth Justice. Shared examples of local businesses assisted by government grants and praised the commissioner's response to the Toombul Shopping Centre flood disaster.

When it comes to supporting small business in Queensland, it is only a Labor government that will do what needs to be done when it needs to be done most to keep our state moving forward.2022-03-29View Hansard
3.13 pmHon. LM ENOCHSupports

Supported the bill, noting the contribution of approximately 450,000 small businesses employing more than 40 per cent of all private sector workers in Queensland.

We cannot underestimate the contribution of small businesses in our state.2022-03-29View Hansard
3.20 pmHon. YM D'ATHSupports

Supported the bill, noting the commissioner herself ran a small business in Redcliffe. Praised local small businesses that supported the community during floods.

The establishment of a permanent Queensland Small Business Commissioner and supporting office will provide important resources, advocacy and dispute resolution services to Queensland small businesses.2022-03-29View Hansard
3.26 pmMr KINGSupports

Supported the bill, sharing examples of local businesses struggling through COVID and floods in the Kurwongbah electorate.

I know this legislation gives us that extra power to help small business to negotiate those leases and to make employing locals that bit easier.2022-03-29View Hansard
3.31 pmMr BROWNSupports

Supported the bill, acknowledging small businesses across the Capalaba electorate and the commissioner's role in mediating landlord disputes during COVID.

The Small Business Commissioner was able to mediate fair deals to ensure they were not kicked out of their premises, and those businesses were able to come to arrangements with their landlords so they could come back bigger and stronger.2022-03-29View Hansard
3.38 pmHon. DE FARMERSupports

Minister in reply. Defended the bill's independence provisions, argued the ministerial direction power was for urgent responses like COVID and floods. Opposed LNP amendments as unnecessary and potentially duplicative of existing mechanisms.

This bill gives effect to the Queensland government's commitment to permanently establish a Queensland Small Business Commissioner and supporting office.2022-03-29View Hansard
In Detail29 Mar 2022View Hansard
Government amendmentPassed

Amendment to clause 2 to change the commencement date from 1 March to 3 May.

Moved by Ms FARMER
Opposition amendmentDefeated

Amendment to omit clause 17 (Ministerial direction), removing the minister's power to issue written directions to the Small Business Commissioner, retaining only the statement of expectations mechanism under clause 18 to strengthen the commissioner's independence.

Moved by Mr MICKELBERG

That the amendment be agreed to

Vote on LNP amendment moved by Mr Mickelberg to insert a new clause 37A giving the Small Business Commissioner power to request relevant information from prescribed government entities including department chief executives and local governments. Defeated 36-51, with LNP, KAP, PHON and one independent voting in favour and ALP and Greens voting against.

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

Technical amendment to clause 21 to remove an incorrect reference to section 15(a) of the Australian Small Business and Family Enterprise Ombudsman Act 2015, reflecting that referrals of franchise disputes are made administratively rather than through a legislative power.

Moved by Ms FARMER
Opposition amendmentDefeated

Amendment to insert new clause 37A giving the Small Business Commissioner power to request relevant information from prescribed entities including department chief executives, local governments and entities prescribed by regulation, to enable more timely resolution of disputes involving government departments.

Moved by Mr MICKELBERG

That the amendment be agreed to

Vote on LNP amendment moved by Mr Mickelberg to insert a new clause 37A giving the Small Business Commissioner power to request relevant information from prescribed government entities including department chief executives and local governments. Defeated 36-51, with LNP, KAP, PHON and one independent voting in favour and ALP and Greens voting against.

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 MICKELBERGSupports

Supported the bill but moved two amendments during Consideration in Detail: one to remove the ministerial direction power to strengthen the commissioner's independence, and another to give the commissioner power to obtain information from government agencies. 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
Royal Assent — Act 5 of 20228 Apr 2022

Sectors Affected

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