Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011) - SECT 20

Functions of the Small Business Commissioner

    (1)     The Small Business Commissioner has the following functions—

        (a)     to make arrangements to facilitate the resolution by mediation of farm debt disputes between farmers and creditors that are referred to the Commissioner by the Department;

        (b)     to provide preliminary assistance to farmers and creditors who have agreed to mediate in relation to farm debts by—

              (i)     giving both parties advice about their rights and obligations in relation to the mediation process; and

              (ii)     encouraging full and open communication between the parties in relation to the dispute;

        (c)     to issue prohibition certificates under Division 2 of Part 2;

        (d)     to issue exemption certificates under Division 3 of Part 2;

        (e)     to report to the Minister on the operation of activities for which the Commissioner is responsible under this Act;

        (f)     any other functions that may be conferred or imposed on the Commissioner by or under this Act.

    (2)     The Small Business Commissioner is not subject to the Minister's control or direction in exercising functions under subsection (1)(a), (b), (c) and (d).

    (3)     For the purposes of arranging for the resolution of farm debt disputes by mediation, the Small Business Commissioner—

        (a)     may contract persons to conduct mediations;

        (b)     must, when contracting persons under paragraph (a), ensure that those persons have the skills and experience to conduct a mediation in a particular case.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback