The role of the Western Australia Small Business Commissioner (SBC) is to advocate for and support Western Australia's small business community. You can complain to the SBC about any matter that affects the commercial activities of a small business.
The SBC can investigate complaints and may offer services such as mediation and subcontractor support services through the Small Business Development Corporation (SBDC).
What types of complaints can you make?
The SBC will investigate any adverse behaviors that disadvantage small businesses. You can submit a complaint about:
Unfair Business Practices
- Systematic late payment
- Non-payment
- Unfair contract terms
- Breach of contract
- Greenwashing and black cladding
Business Disputes: If you are a small business owner and are in a dispute with another business or a government body, the SBDC can help with disputes about:
- Contracts
- Leases
- Non-payment or non-performance
- Unfair terms
The SBDC's Business Dispute Resolution Service is a voluntary process where case managers will help the parties understand the issues, clarify their rights and responsibilities, and explore resolution options.
Subcontractor concerns:
- Late or non payment
- Poor practice in the construction industry
- Breaches of contract terms
Retail Lease disputes:
- Repairs and maintenance issues
- Outgoings or charges disputes
- Compensation or rent relief
- Security deposit (bond) not returned
Commercial farm debt disputes: The SBC provides mediation for commercial farm disputes such as:
- A dispute about the terms and conditions of a loan contract or associated commercial farm debt.
The SBC CANNOT handle:
- Customer complaints
- Employee complaints
Location: The SBC can review and investigate complaints regarding small business matters connected to Western Australia. For mediation, the dispute must involve a property or business located in Western Australia, or a service delivered in WA.
Time limits:
There is no strict time limit for complaints, but it is encouraged they are made as soon as possible.
Discretion: The SBC may decide not to investigate a matter, provide assistance or give a report if the SBC considers it inappropriate to do so.
Who can you make a complaint against?
The SBC can accept complaints against:
- Private sector businesses or organizations
- A State or local Government body
- Organizations publicly funded in Western Australia to deliver public or government services
- Landlords or tenants in retail shop lease disputes
- Individuals (not customers) if they are connected to a matter affecting the commercial activities of small businesses
Are you eligible to make a complaint?
Any person can make a complaint about any matter that affects the commercial activities of a small business.
You may also make a complaint on behalf of someone else. However, if the SBC needs to investigate or negotiate for a particular business, the business owner, or an authorized representative may be needed to participate.
What can this body do to help?
The SBC may:
- Make a statement of fact on behalf of a small business
- Provide ADR (Alternative Dispute Resolution) Services
- Provide Mediation Services: For dispute-resolution and mediation services, the parties must be willing to participate. Mediation is a voluntary process where the mediator will support both parties to reach an agreement but cannot decide the outcome.
- Report to the Minister or a government entity
The agency does not have powers to:
- Decide the legal rights of the parties
- Make court or tribunal orders
- Force parties to negotiate
- Act as a party’s lawyer
How to prepare your complaint:
There is no specifically required information for making a complaint with the SBC.
However, complaints made anonymously through the Safe2Say platform does require:
- Details of the person being reported including Directors ID (if known), Business Name, ABN, Government entity name, location of project or business.
- A comprehensive summary of the matter
- The date or period of conduct
- Any supporting evidence
If you submit your complaint through Safe2Say, you will be informed of next steps within five business days.
What NOT to include: Do not include false or misleading statements.
Lodging your complaint and next steps:
You may lodge your complaint:
- Online:
- Phone:
- Office: 08 6552 3300
- Business advisory service: 133 140
- Subcontractor support helpline: 1300 110 232
- In Person: Level 2, 140 William Street, Perth, Western Australia 6000 (Access from William Street)
- Post: GPO Box C111, Perth, Western Australia 6001
Initial Contact: Once a complaint has been submitted, the matter will be assessed to determine whether it falls within SBC's scope and how it may be addressed.
Next steps: An Advisor from SBDC's Business Advisory Support Service may contact you to help resolve the dispute before contacting the other party. If the dispute is not resolved this way, you may be offered help negotiating with the other party via an impartial case manager through SBDC's dispute-resolution service.
If the dispute remains unresolved, you may be referred to mediation if suitable. Note: There may be a fee for mediation, please check the SBDC's website for updated costs.
More information:
Refer to the factsheet provided below for more information.
