AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN ACT 2015

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Simplified outline of this Act  
• 4 Definitions  
• 5 Meaning of small business  
• 6 Meaning of family enterprise  
• 7 Meaning of action  
• 8 Meaning of agency of the Commonwealth, a State or a Territory  
• 9 Meaning of c onfidential information  
• 10 Act binds the Crown  
• 11 Extension to Territories  

PART 2--AUSTRALIAN--SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN

Division 1--Establishment and functions and powers of the Australian Small Business and Family Enterprise Ombudsman

• 12 Establishment  
• 13 Functions of the Ombudsman  
• 14 The advocacy function  
• 15 The assistance function  
• 16 General policy guidelines  
• 17 Flexibility and range of working methods in performance of the Ombudsman's functions  
• 18 Ombudsman's powers  
• 19 Delegation by the Ombudsman  
• 20 Directions from the Minister  
• 21 Minister may require reports  
• 22 Ombudsman is an official for the purposes of the finance law  
• 23 Annual report  

Division 2--Appointment and terms and conditions of the Australian Small Business and Family Enterprise Ombudsman

• 24 Appointment  
• 25 Remuneration  
• 26 Leave of absence  
• 27 Outside work  
• 28 Resignation  
• 29 Disclosure of interests  
• 30 Termination of appointment  
• 31 Other terms and conditions  
• 32 Acting appointments  

Division 3--Persons assisting the Australian Small Business and Family Enterprise Ombudsman

• 33 Staff  
• 34 Consultants  

PART 3--ADVOCATING--FOR SMALL BUSINESSESAND FAMILY ENTERPRISES

Division 1--Preliminary

• 35 Constitutional connection --m eaning of relevant legislation, policies and practices  

Division 2--Research and inquiries on Ombudsman's own initiative

• 36 Research and inquiries  
• 37 Notice to person to provide information and documents  
• 38 Documents produced in relation to research or inquiry  
• 39 Limitation on powers  
• 40 Reports to the Minister  
• 41 Minister may publish Ombudsman's report  

Division 3--Minister may refer matter to Ombudsman for inquiry

• 42 Minister may refer a matter for inquiry  
Subdivision B--Noticeof inquiry
• 43 Notice of inquiry  
Subdivision C--Hearings
• 44 Application of this Subdivision  
• 45 Notice of hearings  
• 46 Procedure at hearings  
• 47 Notice to person to provide information and documents  
• 48 Summons to person to attend hearing  
• 49 Refusal to answer questions or produce documents  
• 50 Documents produced in relation to inquiry  
• 51 Allowances to witnesses  
• 52 Restrictions on publication of evidence  
• 53 Written statements etc. to be made public  
• 54 Limitation on powers  
Subdivision D--Report of inquiry
• 55 Ombudsman must prepare a report on the inquiry  
• 56 Report of inquiry to be tabled  

Division 4--Providing advice to the Minister

• 57 Minister may refer a matter for advice  
• 58 Minister may publish Ombudsman's advice  

Division 5--Nationalstrategies

• 59 Working co - operatively with Commonwealth, State and Territory agencies  
• 60 Secretariat services and research services  

Division 6--Other advocacy functions

• 61 Contributing to inquiries into relevant legislation, policies and practices  
• 62 Reviewing proposals relating to relevant legislation, policies and practices  
• 63 Minister may publish advice given as a result of a review  
• 64 P romoting best practice  

PART 4--ASSISTINGASMALL--BUSINESSOR FAMILY ENTERPRISE

Division 1--Preliminary

• 65 Constitutional connection --m eaning of relevant action  

Division 2--Responding to requests for assistance

• 66 Requests for assistance  
• 67 Circumstances in which Ombudsman authorised to deal with a request for assistance  
• 68 Circumstances in which Ombudsman may decide not to provide assistance  
• 69 Circumstances in which the Ombudsman must transfer a request for assistance to another agency  
• 70 Circumstances in which the Ombudsman may work co - operatively with another agency to give assistance  

Division 3--Assistance in a dispute

• 71 Ombudsman may recommend alternative dispute resolution process  
• 72 List of alternative dispute resolution providers  
• 73 Alternative dispute resolution processes not to be conducted by the Ombudsman  
• 74 Publishing failure to participate in alternative dispute resolution process  

Division 3A--Assistance where there may be a contravention of the Competition and Consumer Act 2010

• 74A Application of this Division  
• 74B Ombudsman may give assistance in relation to costs order  

Division 4--Gathering information about requests for assistance

• 75 Inquiries in relation to a request for assistance  
• 76 Notice to person to provide information and documents  
• 77 Documents produced in relation to inquiry  
• 78 Limitation on powers  

PART 5--GENERAL--REQUIREMENTS

Division 1--Concurrent operation of State Law

• 79 Concurrent operation of State law  

Division 2--Secrecy

• 80 Meaning of protected information  
• 81 Meaning of person assisting small business/family enterprise  
• 82 Use or disclosure of protected information  
• 83 Disclosure or use for the purposes of this Act  
• 84 Disclosure to the Minister  
• 85 Disclosure to the Secretary etc.  
• 86 Disclosure to certain agencies, bodies and persons  
• 87 Disclosure with consent  
• 88 Disclosure to reduce threat to life or health  
• 89 Disclosure of publicly available information  
• 90 Disclosure of summaries or statistics  
• 91 Disclosure for purposes of law enforcement and national security  
• 91A Disclosure for the purposes of a no adverse costs order under the Competition and Consumer Act 2010  

Division 3--Reviewof decisions

• 92 Review by the Administrative Appeals Tribunal  

Division 4--Other matters

• 93 Privileges not abrogated  
• 94 Provisions of other Acts in relation to information and documents  
• 95 Review of assistance function  
• 96 Legislative instrument