Part 1: The Small Business Commissioner Section 5: Enquiry into, consideration and determination of complaints
This section sets the key parameters for the Commissioner’s enquiry into, consideration and determination of complaints. The Commissioner will seek representations from the respondent before reaching a view, and can ask, but not require, either party to provide information.
	The Commissioner determines complaints under the scheme in accordance with what the Commissioner considers to be fair and reasonable in all the circumstances of the case. The scheme regulations to be made under section 7 will specify matters which the Commissioner is to take into account in deciding what is fair and reasonable in a case, and these matters include the legal position.
	When the Commissioner determines a complaint, the determination may result in recommendations or it may not. The determination may be that it is not possible to reach a view. Once a complaint is determined the Commissioner must prepare a written statement which sets out the reasons for the determination, any recommendations and in the absence of recommendations, the reasons why no recommendations have been given. The statement must be given to the complainant and respondent.
	Determinations made under the Small Business Commissioner complaints scheme are not legally binding. The parties are therefore not under a legal obligation to follow any of the Commissioner's recommendations, but the intention is that the Commissioner's determination and any recommendations will enable the parties to resolve the issue.