❓ Hon. Kate Doust asks about the number of commercial tenancy disputes received and referred to the SAT since the Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011 was passed. The Minister provides figures and clarifies the role of the Small Business Commissioner and alternative dispute resolution.
AnsweredQoN 1022Legislative Council
QuestionView source ↗
COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS
AMENDMENT ACT 2011
1022. Hon KATE DOUST to the Minister for Commerce:
I refer to the Commercial Tenancy
(Retail Shops) Agreements Amendment Act 2011, which was passed by Parliament on
29 November 2011. Today is the anniversary.
(1) How many
complaints relating to commercial tenancy disputes has either the Small
Business Commissioner or the Department of Commerce received since the act was
passed?
(2) How many of these complaints
have been referred to the State Administrative Tribunal?
(3) How many of
these complaints have been ruled out by the SAT because the act will not give
it jurisdiction until the act is proclaimed?
AMENDMENT ACT 2011
1022. Hon KATE DOUST to the Minister for Commerce:
I refer to the Commercial Tenancy
(Retail Shops) Agreements Amendment Act 2011, which was passed by Parliament on
29 November 2011. Today is the anniversary.
(1) How many
complaints relating to commercial tenancy disputes has either the Small
Business Commissioner or the Department of Commerce received since the act was
passed?
(2) How many of these complaints
have been referred to the State Administrative Tribunal?
(3) How many of
these complaints have been ruled out by the SAT because the act will not give
it jurisdiction until the act is proclaimed?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1) The Small
Business Development Corporation recorded a total of 926 commercial tenancy
disputes, some of which could be unrelated to retail shop leases. The
Department of Commerce has not recorded any formal complaints since the act was
passed.
(2) The Small
Business Development Corporation referred 120 retail tenancy disputes to the
State Administrative Tribunal.
(3) Two matters
that involved applications claiming misleading or deceptive conduct have been
reported to the Small Business Development Corporation after being ruled out by
the State Administrative Tribunal. This question is more appropriately directed
to the SAT.
It is important to note that prior to
the Small Business Commissioner taking office, which he did in January this
year, and, more importantly, the establishment of the alternative dispute
resolution service, which commenced at the end of March this year, all
commercial tenancy disputes were referred to the SAT as there was no mechanism
for the Small Business Development Corporation to resolve or deal with
disputes. That might explain, at least in part, why the 120 retail tenancy
disputes were referred to the SAT as per part (2) of the member's
question. There is no doubt about it; the Small Business Commissioner and the
alternative dispute resolution process has provided some extra strings to the
bow in helping small businesses work through disputes as they arise. I add
those final remarks because I think it is important not to treat the creation
of that Small Business Commissioner role and the passage of the commercial
tenancy act as synonymous. They are complementary but quite distinct entities.
question.
(1) The Small
Business Development Corporation recorded a total of 926 commercial tenancy
disputes, some of which could be unrelated to retail shop leases. The
Department of Commerce has not recorded any formal complaints since the act was
passed.
(2) The Small
Business Development Corporation referred 120 retail tenancy disputes to the
State Administrative Tribunal.
(3) Two matters
that involved applications claiming misleading or deceptive conduct have been
reported to the Small Business Development Corporation after being ruled out by
the State Administrative Tribunal. This question is more appropriately directed
to the SAT.
It is important to note that prior to
the Small Business Commissioner taking office, which he did in January this
year, and, more importantly, the establishment of the alternative dispute
resolution service, which commenced at the end of March this year, all
commercial tenancy disputes were referred to the SAT as there was no mechanism
for the Small Business Development Corporation to resolve or deal with
disputes. That might explain, at least in part, why the 120 retail tenancy
disputes were referred to the SAT as per part (2) of the member's
question. There is no doubt about it; the Small Business Commissioner and the
alternative dispute resolution process has provided some extra strings to the
bow in helping small businesses work through disputes as they arise. I add
those final remarks because I think it is important not to treat the creation
of that Small Business Commissioner role and the passage of the commercial
tenancy act as synonymous. They are complementary but quite distinct entities.
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