Overview

The Australian Small Business and Family Enterprise Ombudsman Act 2015 was enacted to establish the role of the Ombudsman, providing advocacy and assistance for small businesses and family enterprises across Australia. The Act aims to address the specific needs of these enterprises, which often face unique challenges in navigating regulatory environments and accessing support services. The Australian Small Business and Family Enterprise Ombudsman Rules 2016, made under the authority of the Minister for Small Business, provide further detail on operational aspects such as the remuneration of witnesses, the recognition of agencies eligible to receive matters from the Ombudsman, and the disclosure of information by the Ombudsman. These rules were developed following consultation with relevant stakeholders and a public consultation period, ensuring they align with the overarching objectives of the Act. The compatibility of these rules with human rights has been affirmed, as they do not engage with any of the rights or freedoms outlined in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Australian Small Business and Family Enterprise Ombudsman Act 2015 establishes the role of the Ombudsman to provide advocacy and assistance for small businesses and family enterprises across the Commonwealth. The Act applies to these entities and the Ombudsman, who will engage with them to address issues and provide support. The Australian Small Business and Family Enterprise Ombudsman Rules 2016 prescribe matters such as the remuneration for witnesses attending hearings under the Act, the entities recognised as agencies, and the scope of information disclosure by the Ombudsman. Witnesses appearing at hearings under the Act are entitled to a daily remuneration of $50. The Rules were developed through consultation with relevant stakeholders and a public consultation period was held, although no submissions were received. The Rules are compatible with human rights as they do not engage any of the applicable rights or freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The Rules extend the application of the Act by setting out specific operational details, and no conditions are specified for exercising the power to make the Rules.

Key Provisions

The Australian Small Business and Family Enterprise Ombudsman Rules 2016 (the Rules) provide specific provisions under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (the Act). Section 96 of the Act empowers the Minister to make rules prescribing matters required or permitted by the Act or necessary or convenient to its operation. The Rules, therefore, lay out the remuneration for witnesses who attend hearings under the Act and the entities recognised as agencies under the Act (section 96). Witnesses who appear at a hearing under a summons, as outlined in section 48(1) of the Act, are entitled to a daily remuneration of $50 (Rule 6). Furthermore, the Rules identify the entities that can receive matters and information from the Ombudsman, as prescribed under subsections 8(1)(d), 8(2)(e), 86(1)(g) and 86(1)(h) of the Act (Rule 5). The Act and the accompanying Rules impose several obligations on parties and entities governed by them. The Ombudsman is mandated to provide Commonwealth-wide assistance and advocacy for Australian small businesses and family enterprises. Entities recognised as agencies under the Act are entrusted with the responsibility of receiving matters and information from the Ombudsman, facilitating the Ombudsman's role in supporting small businesses and family enterprises (Rule 5). Additionally, witnesses who attend hearings pursuant to a summons under the Act are entitled to remuneration as specified in the Rules, ensuring they are adequately compensated for their time and contribution to the proceedings (Rule 6). Failure to comply with the provisions of the Act and the Rules may result in various consequences. Although the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, breaches of the Ombudsman's rules or failure to adhere to the prescribed procedures may lead to civil or criminal penalties as provided under other relevant legislation. The maximum penalties, where applicable, would depend on the nature of the breach and the relevant laws under which the Ombudsman operates. The Rules themselves do not specify any particular penalties for non-compliance, indicating that broader legal frameworks would govern such matters.