Retail Leases Act Review Discussion Paper

Industry Association Article

Small retailers and landlords are major contributors to the communities and the economy of NSW. They help make our communities dynamic and vibrant places to live and through the employment they generate, they help to make them sustainable.

It is with this in mind that the Office of the NSW Small Business Commissioner is conducting a review of the Retail Leases Act 1994 (the Act).

The review aims to create a level playing field in the retail space by setting minimum standards for the leasing of properties and providing for cost effective and timely dispute resolution.
It is a statutory five year review and as such there are no restrictions to what can be changed as a result of the process.

In addition to reducing red tape and the cost of doing business, the Discussion Paper considers ways to improve transparency, accountability and reduce unfair practices.

The Minister for Small Business, Katrina Hodgkinson, recently released a Discussion Paper on the review of the Act. There is now a period of public consultation, which includes an open call for submissions.

The NSW Small Business Commissioner, Yasmin King, is overseeing the review because of her independence and extensive experience dealing with small business issues.

“What we want to achieve with the review is to make the Act more accessible so that it can be understood by everyone that has to use it. We are holding an extended consultation period because we want to make sure we have the most detailed and comprehensive feedback possible, so it’s important that we hear from as many small businesses as possible,” Ms King said.

After the public submissions and feedback on the Discussion Paper are considered, the Minister will make recommendations to Cabinet, including a package of proposed legislative amendments to the Act.
In addition to reducing red tape and the cost of doing business, the Discussion Paper considers ways to improve transparency, accountability and reduce unfair practices.
The review is expected to be completed by the end of the 2013/14 financial year.

To access the Discussion paper and make a submission to the review, go to www.smallbusiness.nsw.gov.au/rla-review-2013. Submissions close on 7 February 2014.

To find out more about the Office of the Small Business Commissioner go to www.smallbusiness.nsw.gov.au