open side menu Navigation

New South Wales

The NSW Small Business Commissioner is the first point of contact for small business disputes in NSW. Find out more about how the Commissioner can help and other services available in NSW. 

NSW Small Business Commissioner

The Office of the NSW Small Business Commissioner helps small businesses deal with business-to-business disputes and business-to-government disputes, for example fair trading, retail lease, contract and payment, and franchising.

The Office has staff to work closely with small businesses that have disputes and provide low cost mediation services, approximately 90% are resolved. If the dispute is not resolved, parties can then have the matter heard by the relevant court or tribunal.

The Office also identifies and works with small businesses to resolve systematic issues impacting on the small business sector (for example, unfair work practices).

Contact the NSW Small Business Commissioner:

 p:  1300 795 534

 e: we.assist@smallbusiness.nsw.gov.au

 w: www.smallbusiness.nsw.gov.au/solving-problems

 

Community Justice Centres

The NSW Community Justice Centres (CJC) provides low-cost mediation to help people and small businesses resolve disputes without going to court.

The CJC can assist with a wide range of disputes including workplace interpersonal issues, unpaid invoices or accounts, wages owing, issues relating to the supply of goods or services and retail tenancy.

Contact the Community Justice Centres:

 p: 1800 990 777

 e: cjc_info@agd.nsw.gov.au

 w: www.cjc.nsw.gov.au

 

Building and Construction

In NSW there is a security of payment law which ensures a person undertaking construction work in NSW is entitled to receive, and is able to recover, progress payments for work they carry out under a written or oral construction contract, including the supply of goods and services.

The security of payment laws outline the process for recovering payment, including how to make a claim and, if that is unsuccessful, the process of applying for adjudication.

Further information about making a claim under security of payment laws in NSW is available at the making a payment claim page of the NSW Government’s ProcurePoint website.

Under the security of payment law an application form must be completed and lodged with an Authorised Nominating Authority (ANA) to escalate a claim to adjudication. Find a registered ANA in New South Wales.

 

Energy and Water

The Energy & Water Ombudsman NSW provides a free, fair and independent dispute resolution service for all electricity and gas customers in NSW, and some water customers.

Contact the Energy and Water Ombudsman:

 p: 1800 246 545

 e: omb@ewon.com.au

 w: www.ewon.com.au

 

Fair Trading

NSW Small Business Commissioner

The NSW Small Business Commissioner is the first stop for small businesses with a dispute. It can help small businesses deal with a range of business-to-business disputes, including fair trading.

The Office has staff to work closely with small businesses that have disputes and provide low cost mediation services, approximately 90% are resolved. If the dispute is not resolved, parties can then have the matter heard by the relevant court or tribunal.

The Office also identifies and works with small businesses to resolve systematic issues impacting on the small business sector (for example, unfair work practices).

Contact the NSW Small Business Commissioner:

 p:  1300 795 534

 e: we.assist@smallbusiness.nsw.gov.au

 w: http://www.smallbusiness.nsw.gov.au/solving-problems

Farm Debt Mediation

Under the Farm Debt Mediation Act 1994 mediation is required before a creditor can take possession of property or other enforcement action under a farm mortgage.  The NSW Rural Assistance Authority has accredited a number of experienced mediators as part of its Panel of Mediators.  All the accredited mediators have received special training in the Act.

Contact NSW Rural Assistance Authority:

P:            1800 678 593 or 02 6391 3000

E:            rural.assist@raa.nsw.gov.au

W:          http://www.raa.nsw.gov.au/fdm

If you need to access a translating and interpreting service please telephone 1300 651 500 or visit the Interpreting & Translation page of the Multicultural NSW website.

Department of Fair Trading

The NSW Department of Fair Trading can assist with fair trading and competition related disputes.

The Department is responsible for administering and enforcing fair trading laws in NSW, including the Australian Consumer Law.

The Department offers free information on consumer and business rights, investigates complaints, provides community education programs and assists dispute resolution by acting as an informal negotiator.

Contact NSW Fair Trading:

 p: 13 32 20

 w: www.fairtrading.nsw.gov.au

 

Government

The Office of the NSW Small Business Commissioner (OSBC) helps small businesses deal with business-to-government disputes. If you have a dispute with the way you have been treated by either a local or state government agency you can contact the Office to seek assistance.

The Office has staff to work closely with small businesses that have disputes and provide low cost mediation services, approximately 90% are resolved. If the dispute is not resolved, parties can then have the matter heard by the relevant court or tribunal.

Contact the NSW Small Business Commissioner:

 p:1300 795 534

 e: we.assist@smallbusiness.nsw.gov.au

 w: http://www.smallbusiness.nsw.gov.au/solving-problems

 

Retail Lease

The Retail Tenancy Unit within the Office of the NSW Small Business Commissioner handles retail tenancy disputes in NSW.

Before going to mediation, the Retail Tenancy Unit suggests trying to informally negotiate the issue with your landlord or tenant. Have an open discussion with them and avoid laying blame. If you reach a resolution, write it down and both take a copy.

Contact the Retail Tenancy Unit:

 p: 1300 795 534

 e: we.assist@smallbusiness.nsw.gov.au

 w: http://www.smallbusiness.nsw.gov.au/solving-problems/retail-tenancy

 

Unfair Contract Terms

The Office of the NSW Small Business Commissioner helps small businesses deal with business-to-business disputes and business-to-government disputes, for example fair trading, retail lease, contract and payment (including unfair contract terms) and franchising.

The Office has staff to work closely with small businesses that have disputes and provide low cost mediation services, approximately 90% are resolved. If the dispute is not resolved, parties can then have the matter heard by the relevant court or tribunal.

The Office also identifies and works with small businesses to resolve systematic issues impacting on the small business sector (for example, unfair work practices).

Contact the NSW Small Business Commissioner:

p:            1300 795 534

e:            we.assist@smallbusiness.nsw.gov.au

w:          www.smallbusiness.nsw.gov.au/solving-problems


If you require further assistance, the Australian Small Business and Family Enterprise Ombudsman Information Line can provide information and assistance, including helping you to identify the most appropriate service to resolve your dispute. You can contact the Information Line on 1300 650 460.