The South Australian Small Business Commission and the Australian Small Business and Family Enterprise Ombudsman advocate for the interests and concerns of small businesses and help resolve business-to-business and business-to-government disputes.

South Australian Small Business Commission

The South Australian Small Business Commission is established by the Small Business Commission Act 2011 (SA). The first Small Business Commissioner was appointed by the Governor on 29 March 2012.

Section 5 of the Act sets out the functions of the Commission, which include to:

The Commission has a general power to require a person to provide information it requires to perform its statutory functions [Small Business Commission Act 2011 (SA) s 12].

From 1 July 2025, Part 3 of the Small Business Commission Act 2011 (SA) sets out more clearly the Commission's dispute resolution functions and powers. The Commission may require parties to attend dispute resolution or produce certain documents or other things relevant to the dispute [s 12E].

The maximum penalty for failing to attend dispute resolution or provide information or documents as required by the Commission is a fine of $20,000 (with an expiation fee of $1,200).

Mediation is provided at low cost (currently $195 for each day or part day) or no cost, if the Commissioner is satisfied that it is appropriate to waive the fee in a particular case [Small Business Commissioner Regulations 2012 (SA) reg 3].

The Small Business Commission is also mandated under the Farm Debt Mediation Act 2018 (SA) to arrange mediation for disputes between farmers and creditors relating to debt incurred in the conduct of farming operations [see Farm Debt Mediation Act 2018 (SA) ss 20, 22].

For more information, see the Small Business Commission SA website.

The Small Business Commission’s role in dispute resolution includes franchising disputes under the SA Franchise Code. See the Small Business Commission SA's Franchising Industry Dispute Resolution Code webpage for more information.

Australian Small Business and Family Enterprise Ombudsman

The Australian Small Business and Family Enterprise Ombudsman was established in early 2016 and replaces the Australian Small Business Commissioner.

It advocates on behalf of Australian small business and provides information regarding setting up, running, growing and closing a business. The Ombudsman also offers a dispute resolution referral service, including where to get help.

More information about the Ombudsman is found on the Australian Small Business and Family Enterprise Ombudsman's website.