• The Small Business Development Corporation is an independent statutory authority, and has been the primary provider of advice and guidance for the small business sector in Western Australia since 1984.

• In December 2011, Mr David Eaton was appointed Western Australia's first Small Business Commissioner, and CEO of the Small Business Development Corporation.

• One of the main functions of the Commissioner, under the amended Small Business Development Corporation Act, is to receive and investigate complaints about unfair market practices affecting small business, and to provide assistance to attempt to resolve those complaints.

• The Small Business Commissioner and the Alternative Dispute Resolution service were established through amendments to the Small Business Development Corporation Act 1983, and passed through Parliament with bi-partisan support in December 2011. This Amendment legislation was gazetted on Friday 23 March, 2012.

• The new Alternative Dispute Resolution service came into operation on Monday, 26 March 2012, provides a low-cost, non-litigious means of resolving business-to-business and business-to-government disputes, while preserving business relationships.

• The service will be provided by the Small Business Development Corporation through a simple Guided Resolution process of information, advice and guidance. Mediation with an experienced, independent business mediator can also be made available where appropriate, the cost of which will be subsidised by the State Government.

• The types of complaints and disputes that can be assisted through the Alternative Dispute Resolution service include; debt collection, supply of goods and services, trade practices, unfair market practices, franchise, business to government and retail tenancy or other commercial tenancy.

• Special arrangements exist for retail tenancy complaints and disputes.

• Where the State Administrative Tribunal was the first point of contact for anyone with disputes of this kind, the Small Business Development Corporation will fill that role.

• In most cases, parties will succeed in settling retail tenancy disputes through the Alternative Dispute Resolution service. In the event the dispute is not settled and it is necessary to proceed to the State Administrative Tribunal for a binding decision, a certificate from the Small Business Commissioner is required.

• Retail tenancy matters requiring injunctive relief, approvals or administrative matters will continue to proceed directly to the State Administrative Tribunal without requiring a certificate from the Commissioner.

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