Q&A with SA’s New Small Business Commissioner, Neriss Kilvert

NERISSA KILVERT

WHAT IS YOUR BACKGROUND?

I’m born and raised in South Australia and live in the Adelaide Hills.

In terms of my educational and professional background, I have completed a Bachelor of Laws and Legal Practice and am admitted to practise as a solicitor and barrister of the Supreme Court of South Australia and the High Court of Australia. I have also completed a Bachelor of Behavioural Science and a Diploma in Project Management.

While I have worked as a solicitor at the Crown Solicitor’s Office and in private practice, my most recent work has been within regulatory environments. Immediately prior to commencing as the Small Business Commissioner, I headed up the Regulatory Service section at Consumer and Business Services where I was responsible for achieving agreement with industry and other stakeholder groups on legislative reform proposals, such as implementation of the state’s fuel price transparency scheme and progressing amendments to the Second-Hand Vehicle Dealers Act 1995 and regulations.

WHY ARE YOU PASSIONATE ABOUT YOUR NEW ROLE AS THE SMALL BUSINESS COMMISSIONER?

The value of the small business sector from an economic perspective is resoundingly clear.

But, just as importantly, the small business sector plays a vital role in building, fostering and maintaining the social fabric and connection within our communities.

I think it’s fair to say that owning and running a small business has never been more challenging and small business owners need to be, and to feel, supported.

To step into this role at such a challenging time for the small business sector brings with it an even greater sense of responsibility to deliver on the Office’s mandate –

• To facilitate alternative dispute resolution processes between small businesses, and between small businesses and state or local government;

• To amplify the views, challenges and experiences of small business operators on issues that impact their ability to do business, including assisting them navigate complexity & challenges in dealings with state and local government bodies;

• To collaborate and engage with small business operators, governments, industry and the community to create a thriving business environment.

The most rewarding type of work is when you have a clear sense of making a difference, and this role provides a very unique opportunity to work with others to assist them with such a major aspect affecting their lives and livelihood. I feel privileged and excited to be entrusted with the role of the Small Business Commissioner.

SMALL BUSINESSES HAVE FACED UNPRECEDENTED CHALLENGES IN RECENT YEARS. WHAT ARE YOUR PRIORITIES IN BOTH THE SHORT AND LONG-TERM AS COMMISSIONER?

Small businesses have indeed faced unprecedented challenges in recent years. Businesses are still feeling the impact of COVID-19 on a daily basis, and now they are up against what I describe as the perfect storm of balancing these COVID impacts with a raft of other issues:

• Many businesses are facing pressures from the rising costs of material, overheads and supply chain issues.

• Skills and labour shortages are affecting more than half of South Australian small businesses.

• Rising inflation, increases in interest rates and wage increases are creating stress and worry for small business owners.

Some of the immediate areas of priority for the SASBC include:

• Implement the Government’s election commitment to mandate the Motor Vehicle Insurance and Repair Industry Code of Conduct under the Fair Trading Act 1987;

• Continuing to strengthen and embed relationships with small businesses operators to understand their views and experiences;

• Collaborating with stakeholders to provide a solutionsfocused service to the small business sector;

• Increasing the awareness and understanding within the small business community of the role of the SASBC and the assistance it can provide to small business operators.

• Strengthen further the Office’s improved dispute resolution process to increase efficiencies and reduce time taken to resolve small business disputes.

WHAT DO YOU BELIEVE ARE THE TAKE- AWAY LEARNINGS AS WE EMERGE FROM COVID-19?

COVID-19 has been hard on the small business sector.

It has highlighted how resilient and hard-working small business owners are and how agile the sector can be to the need to adapt to challenges.

But no matter how hard-working and resilient small business owners are, the impacts of the last few years have been significant and, for many, enduring. This legacy not only relates to financial impacts, but also the very real toll on their mental health and well-being.

So for me, the takeaway learning as we emerge from COVID-19 is that I hope that the small business community know and feel that they are supported. Supported by your communities, by your state and local government, your industry representative associations, and by offices such as the SASBC.

WHAT SERVICES CAN THE OFFICE OF THE SOUTH AUSTRALIAN SMALL BUSINESS COMMISSIONER PROVIDE?

As an independent voice, the Small Business Commissioner is an avid supporter and advocate for South Australian small businesses. Another core role of the SASBC is to provide fast, fair and low-cost dispute resolution on matters impacting the day-to-day operation of small businesses.

The types of enquiries and disputes that the SASBC can help with include:

• Tenancy disputes between small business operators and landlords (eg repairs and maintenance)

• Business transactional issues (eg late or non-payment for goods and services, issues with the quality of goods supplied, non-delivery of goods)

• Problems with business related motor vehicles and equipment

• Franchising matters, and

• Payment disputes.

The SASBC has a dedicated team of dispute resolution officers who work with small business owners and act as a conduit to negotiate an outcome with the other party to resolve their issue.

Where a dispute is not able to be resolved with the assistance of one of our dispute resolution officers, the SASBC can facilitate a more formal mediation with an independent mediator. Our panel of mediators are experienced in assisting parties to explore flexible, creative and business driven options to achieve a quick resolution of their dispute by agreement.

The goal of mediation is to help small businesses resolve issues and disputes in a way that is quick, low cost and efficient and help small businesses avoid the court system.

Another core function of the SASBC is to assist small business owners by amplifying their views, challenges and experiences on issues that impact their ability to do business.

This can take on many different forms. It can include assisting them navigate complexity & challenges in dealings with state and local government bodies or providing a foot in the door on a matter relating to a government department, through to providing independent advice and recommendations regarding small business issues to the Government of the day.

For more information visit www.sasbc.sa.gov.au

To wrap up, as Small Business Commissioner, I am committed to:

• Helping small business owners resolve disputes quickly and with minimum expense;

• Amplify your views, challenges and experiences on issues that impact your ability to do business;

• Assist you navigate complexity & challenges in dealings with state and local government bodies; and

• Collaborate and engage with you, the government and other stakeholders to create a thriving business environment.