A small business commission is a government-backed office that stands up for small businesses. It gives free or low-cost advice, speaks up for small firms when rules are being made, and helps settle business disputes without the cost and stress of going to court. If you run a small business and you are stuck in a disagreement with a landlord, a supplier, or a government agency, this is often the first place to turn.
Quick answer: A small business commission is an independent state government body that helps small businesses through information, advocacy, and dispute resolution — including mediation. There is no single national commission; each state has its own office, and there is also a national ombudsman for disputes that cross state lines or involve federal agencies. You can find the right office for your situation through the ACCC’s guide to business support and dispute services.
What Is a Small Business Commission?
Think of a small business commission as a go-between. Small businesses rarely have a legal team on staff, and a dispute over a shop lease or an unpaid invoice can quickly become expensive. Commissions exist to level the playing field a little. They are independent statutory bodies, which means they operate at arm’s length from day-to-day politics even though they are set up by legislation.
Most commissions do three things:
- Inform: They publish plain-English guides about your rights and responsibilities, such as what a retail lease really requires of tenants and landlords.
- Advocate: They raise small business concerns with government and larger businesses, and push for less red tape.
- Resolve disputes: They offer early help and mediation — a structured negotiation run by a neutral mediator — so both sides can reach an agreement they can live with.
If you are still working out whether your venture counts, our guide on what a small business is explains the usual size definitions.
What Can a Small Business Commission Help With?
The exact help on offer varies by state, but the common areas include:
Retail and commercial lease disputes
This is the biggest part of the job in most states. Disagreements over rent reviews, repairs and maintenance, bond refunds, make-good obligations at the end of a lease, and early termination are all typical cases. In some states, mediation through the commission is a required step before a tenancy dispute can go to a tribunal.
Disputes with other businesses
Commissions can also help with disagreements between businesses — for example, a supplier dispute or a contract disagreement — although some offices focus mainly on leasing matters and will refer other disputes to the right service. In Queensland, for instance, the commission’s mediation service is limited to commercial and retail leasing disputes, while its assistance team can still point you to the right next step for other matters.
Disputes with government
Because commissions work closely with government agencies, they can help when a small business is in dispute with a state or local government body, or is struggling with a government process.
General business guidance
Even without a dispute, you can contact a commission for information — for example, before you sign a lease, or when you are unsure which regulator handles your problem. Staff can explain your options and refer you onward if another agency is a better fit.
Small Business Commissions by State
There is no single national small business commission. Use the office in the state or territory where your business operates:
| State | Office | What to know |
|---|---|---|
| New South Wales | NSW Small Business Commission | Independent authority offering advice, advocacy, and a subsidised mediation service; also acts as Registrar of the Retail Leases Act. |
| Victoria | Victorian Small Business Commission | Independent agency offering free early assistance and low-cost mediation; also handles retail lease matters such as five-year waiver certificates. |
| Queensland | Queensland Small Business Commissioner | Offers personalised information and guidance, plus fast, low-cost mediation for small business and retail shop lease disputes. |
| South Australia | South Australian Small Business Commission | Independent statutory authority set up in 2012 to help small businesses resolve disputes with other businesses or government. |
| Western Australia | Small Business Development Corporation | Western Australia’s equivalent support agency, providing free advice and low-cost services rather than a body called a commission. |
If your dispute involves a federal government agency, or a business in another state, the national Australian Small Business and Family Enterprise Ombudsman can help point you to the right dispute resolution option. It works alongside the state offices rather than replacing them.
How Mediation Through a Commission Works
Mediation sounds formal, but the process is designed to be practical:
- Apply for assistance. You describe the dispute online or by phone. An officer usually contacts both sides first to see whether the matter can be sorted without mediation — many are.
- Early resolution attempt. A dispute resolution officer talks to both parties, clarifies the issues, and suggests possible solutions. This early help is generally free.
- Mediation session. If early help does not settle it, an impartial, accredited mediator runs a private session — usually by phone or video — where each side gets to explain its position and negotiate.
- Written agreement. If you reach a deal, it is written down and signed. A signed settlement is legally binding, which gives both sides certainty.
- Next steps if there is no agreement. If mediation fails, you may receive a certificate or referral that lets you take the matter to a tribunal or court. The commission itself does not decide who is right or wrong.
The approach works more often than many business owners expect. Queensland’s commission, for example, reported resolving 71% of leasing disputes in an average of 36 days in the 2024-25 financial year, with many bond and make-good disputes settled informally before mediation.
What a Small Business Commission Cannot Do
Knowing the limits saves time:
- It does not provide legal advice — for that, you need a lawyer or a legal advice service.
- It cannot order another business to pay you money or decide a dispute the way a court or tribunal can.
- It cannot recover debts for you.
- Some matters are outside its scope — for example, disputes already before a court, or disputes above a set value limit.
If your matter falls outside the commission’s scope, its staff should still be able to tell you which body can help, whether that is a tribunal, an industry ombudsman, or a court.
How to Get the Most Out of It
- Contact them early. The sooner you ask for help, the more options you usually have — and the less entrenched the dispute becomes.
- Bring your documents. Have your lease or contract, relevant emails, invoices, and a short timeline of events ready.
- Be clear about what you want. Think about what outcome would actually solve the problem, not just what you want to say to the other side.
- Try to negotiate first. Commissions generally expect you to have tried to sort things out directly before you apply — a polite written attempt counts.
- Keep it confidential. What is said in mediation stays private and generally cannot be used later in a tribunal or court, which makes honest negotiation easier.
Is It Worth Contacting a Small Business Commission?
For most small business owners, yes — especially for lease disputes. The early help is free, mediation costs far less than legal action, and the process is much faster than a court case. Even if the commission cannot take your case, a short conversation can clarify your rights and point you to the body that can.
Please note: this article is general information only, not legal advice. Rules and services differ by state and can change, so check the current details on your state commission’s website before you act.
