Statutory review of the Small Business Commissioner

It is difficult to judge in practice whether resolving complaints has been easier or harder since the OSBC was established. AAT has no evidence, anecdotal or otherwise, to either support or challenge this statement and suggests that the small businesses that have engaged with the OSBC will inevitably be best placed to provide a view on this matter.

Nonetheless, AAT contends that for as long as the OSBC retains limited powers and resources, its ability to improve the scope for resolving complaints will be hampered.

Since 2016, AAT has called for the OSBC to be given the power to impose financial penalties to those who persistently fail to pay 95% of invoices within 30 days. This would give the OSBC much greater influence when investigating complaints.

It has been disappointing to see the government not yet acting on its 2020 consultation to expand the powers of the OSBC, including on financial penalties. AAT would recommend that the government urgently publishes its plans to implement these proposals to demonstrate its commitment to tackling the late payment culture and supporting small businesses.