Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015

Administered by Department of the Treasury

Legislation au C2015A00124 In force Act

Legislation content

 

 

 

 

 

 

Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015

 

No. 124, 2015

 

 

 

 

 

An Act to amend laws, and deal with transitional matters, in connection with the Australian Small Business and Family Enterprise Ombudsman Act 2015, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Consequential amendments

Ombudsman Act 1976

Schedule 2—Transitional provisions

 

 

 

 

Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015

No. 124, 2015

 

 

 

An Act to amend laws, and deal with transitional matters, in connection with the Australian Small Business and Family Enterprise Ombudsman Act 2015, and for related purposes

[Assented to 10 September 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 September 2015

2.  Schedule 1

Immediately after the commencement of sections 3 to 96 of the Australian Small Business and Family Enterprise Ombudsman Act 2015.

10 March 2016

3. Schedule 2

The day this Act receives the Royal Assent.

10 September 2015

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Consequential amendments

 

Ombudsman Act 1976

1  After section 6D

Insert:

6E  Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman

 (1) If:

 (a)  the Ombudsman forms the opinion that:

 (i) a complaint could have been made to the Australian Small Business and Family Enterprise Ombudsman (the ASBFE Ombudsman); and

 (ii) the complaint could be more conveniently or effectively dealt with by the ASBFE Ombudsman; and

 (b) under the Australian Small Business and Family Enterprise Ombudsman Act 2015, the ASBFE Ombudsman has the power to deal with the complaint;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, and to transfer the complaint to the ASBFE Ombudsman.

 (2) The Ombudsman must not make a decision under subsection (1) unless:

 (a) the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with the complaint; or

 (b) the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with a particular class of complaints, and the complaint is one of that class.

 (3) If the Ombudsman makes a decision under subsection (1), the Ombudsman must:

 (a) transfer the complaint to the ASBFE Ombudsman as soon as is reasonably practicable; and

 (b) give the ASBFE Ombudsman any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

 (c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ASBFE Ombudsman.

 (4) The Australian Small Business and Family Enterprise Ombudsman Act 2015 applies to the complaint, once transferred, as if a request for assistance had been made to the ASBFE Ombudsman under that Act on the day on which the complaint is transferred.

 (5) If a complaint is transferred to the ASBFE Ombudsman under this section, the complaint is taken to be a formal request for assistance made to the ASBFE Ombudsman under the Australian Small Business and Family Enterprise Ombudsman Act 2015.

Schedule 2—Transitional provisions

 

1  Disclosure, collection and use of information and documents held by the Australian Small Business Commissioner

Information and documents relevant to the advocacy function

(1) The Australian Small Business Commissioner may disclose information and documents obtained by the Commissioner in the performance of the Commissioner’s advocacy functions to the Australian Small Business and Family Enterprise Ombudsman for the purposes of the Ombudsman performing the Ombudsman’s advocacy function.

(2) The Ombudsman may collect and use the information or documents for the purposes of performing the Ombudsman’s advocacy function.

Information and documents relevant to the assistance function

(3) If a request for assistance to the Australian Small Business Commissioner has not finally been dealt with by the Commissioner before the commencement of this item, the Commissioner may disclose information and documents relevant to the request to the Australian Small Business and Family Enterprise Ombudsman for the purposes of the Ombudsman performing the Ombudsman’s assistance function.

(4) The Ombudsman may collect and use the information or documents for the purposes of performing the Ombudsman’s assistance function.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 3 June 2015

Senate on 17 June 2015]

(84/15)

 

Overview

The Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015 was enacted by the Parliament of Australia to amend existing laws and address transitional matters in connection with the Australian Small Business and Family Enterprise Ombudsman Act 2015. The primary objective of this Act is to facilitate the transition of the advocacy and assistance functions from the Australian Small Business Commissioner to the newly established Australian Small Business and Family Enterprise Ombudsman, ensuring a smooth and efficient transfer of responsibilities. The Act also seeks to make consequential amendments to existing legislation, such as the Ombudsman Act 1976, to align with the changes introduced by the primary Act. It provides mechanisms for the transfer of complaints and the disclosure, collection, and use of information and documents by the Ombudsman to effectively carry out their new roles. The Act was designed to address the need for a dedicated Ombudsman to handle small business and family enterprise complaints more efficiently, providing a more streamlined process for resolving issues faced by small businesses and family enterprises. The transitional provisions ensure that the Ombudsman can immediately begin handling complaints and utilising relevant information and documents from the Australian Small Business Commissioner without any procedural delays.

Scope and Application

The Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015 applies to amend existing laws and address transitional issues associated with the Australian Small Business and Family Enterprise Ombudsman Act 2015. The Act impacts the Australian Small Business Commissioner and the Ombudsman, allowing for the transfer of complaints that could more conveniently or effectively be handled by the Small Business and Family Enterprise Ombudsman. This Act applies nationally across Australia, with its provisions commencing on 10 September 2015 for certain sections and immediately after the commencement of relevant sections of the Ombudsman Act 2015 for others. The Act also facilitates the disclosure, collection, and use of information and documents by the Ombudsman for advocacy and assistance functions, provided these documents were obtained or relevant prior to the commencement of the Act. The Act does not explicitly state any exclusions or thresholds but does rely on subordinate instruments to extend or restrict its application as necessary.

Key Provisions

The Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015 (Act) provides consequential and transitional provisions in connection with the Australian Small Business and Family Enterprise Ombudsman Act 2015. Key sections include provisions for the transfer of complaints from the Ombudsman to the Australian Small Business and Family Enterprise Ombudsman (ASBFE Ombudsman) (Schedule 1, item 1), and provisions for the disclosure, collection, and use of information and documents by the Australian Small Business and Family Enterprise Ombudsman (Schedule 2, items 1-4). Section 2 of the Act outlines the commencement of its provisions, with certain sections commencing on the day the Act receives Royal Assent, and others on specified dates or in relation to the commencement of other Acts. The Act imposes specific obligations on the Ombudsman and the ASBFE Ombudsman. For instance, under Schedule 1, item 1, the Ombudsman must consult with the ASBFE Ombudsman before deciding whether to transfer a complaint (subsection 1(2)). If a transfer is decided upon, the Ombudsman must transfer the complaint to the ASBFE Ombudsman as soon as reasonably practicable, provide relevant information and documents, and notify the complainant of the transfer (subsection 1(3)). Additionally, Schedule 2, items 1-4, permit the Australian Small Business Commissioner to disclose information and documents to the ASBFE Ombudsman for advocacy and assistance functions, which the Ombudsman can then use in performing those functions. The Act does not explicitly state offences, penalties, or consequences for breach within the provided sections. However, given the nature of the Act, any failure to comply with the obligations outlined, such as the failure to consult with the ASBFE Ombudsman before transferring a complaint, could potentially lead to legal consequences under the Australian Small Business and Family Enterprise Ombudsman Act 2015 or other relevant legislation. The exact nature and severity of such consequences would depend on the specific circumstances and applicable laws.

Legal classification tags

Area of Law
Administrative Law
Ombudsman Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.