Helping small businesses resolve

Helping small businesses resolve disputes

NERISSA KILVERT, SMALL BUSINESS COMMISSIONER

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

Small businesses contribute around $45 billion into the South Australian economy annually and complement the activity of the State’s larger employers.

They make a signifi cant contribution to employment within our state, with the South Australian Centre for Economic Studies reporting that Small and Medium Sized Enterprises account for 45 per cent of employment across the State.

Small businesses account for more than a quarter of the State’s wages and salaries and almost a third of sales and service income.

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

Small businesses have faced unprecedented challenges in recent years. Long lasting impacts of COVID-19 are still being experienced on a daily basis, and now small business owners are up against a perfect storm of balancing these 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 infl ation, increases in interest rates and wage increases are creating stress and worry for small business owners.

As an independent voice, the Small Business Commissioner is an avid supporter and advocate for South Australian small businesses.

To step into the role of Small Business Commissioner at such a challenging time for the small business sector brings with it an even greater sense of responsibility to deliver on the mandate of the South Australian Offi ce of the Small Business Commissioner (SASBC): • to facilitate low-cost 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 types of enquiries and disputes that the SASBC can help with are far-reaching and 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 offi cers 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 offi cers, the SASBC can facilitate a more formal mediation with an independent mediator. Our panel of mediators are experienced in assisting parties to explore fl exible, 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 effi cient 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 small business owners navigate complexity & challenges in dealings with state and local government bodies or providing a foot in the door on matters involving government departments, through to providing independent advice and recommendations regarding small business issues to the Government of the day.

To wrap up, the most rewarding type of work is when you have a clear sense of making a difference, and as the SA Small Business Commissioner, I am fortunate enough to have a very unique opportunity to work with small business owners to do this through assisting them when they are faced with issues that affect such a major aspect of their lives and livelihood. I feel privileged and excited to be entrusted with this responsibility and am committed to serving and assisting small business owners by listening to their issues, amplifying their views, recommending strategies and solutions in response to challenges they face and facilitating low-cost dispute resolution when issues arise.

Nerissa completed a Bachelor of Laws and Legal Practice and is admitted to practise as a solicitor and barrister of the Supreme Court of South Australia and the High Court of Australia. She has also completed a Bachelor of Behavioural Science and a Diploma in Project Management.

Nerissa worked as a solicitor at the Crown Solicitor’s Offi ce and in private practice, before working within regulatory environments. Immediately prior to commencing as the Small Business Commissioner, she headed up the Regulatory Service section at Consumer and Business Services where she was responsible for achieving agreement with industry and other stakeholder groups on legislative reform proposals and managing the agency’s strategic engagement activities. B