Victorian Numbered Acts

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OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 54

Functions of the Small Business Commissioner under this Act

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

        (a)     to make arrangements to facilitate the resolution by mediation, or by another appropriate form of alternative dispute resolution, of disputes (whether or not any particular dispute has been formally referred under this Act to the Commissioner);

        (b)     any other functions that are given to the Commissioner by or under this Act.

    (2)     In arranging for the resolution of disputes, the Commissioner must have regard to the need for the mediation or other form of alternative dispute resolution to be conducted by persons who are experienced in the field of regulated contracts.

    (3)     The Commissioner may personally conduct a mediation or other form of alternative dispute resolution and is entitled to be paid his or her fees and expenses for doing so, which must not be more than the maximum amount (if any) prescribed by the regulations.

    (4)     The Commissioner is not subject to the Minister's control or direction in exercising his or her function under sub-section (1)(a) or (3).

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