Commissioner Lynda McAlary-Smith was reappointed on Friday as Victoria’s Small Business Commissioner for a further five years.
McAlary-Smith is the keeper of the canary in the coalmine that is Victoria’s economy
As the statutory authority on small business disputes and retail leasing, the Commissioner is privy to the hardships and tensions of Victorian small businesses and retail landlords in real time.
“We speak with small business owners everyday and hear their challenges. Compared to previous years, I’ve observed that insolvencies are increasing as businesses struggle to maintain margins in an environment where consumer demand is weaker, and costs are only increasing.” Commissioner McAlary-Smith said.
The Commissioner is also the statutory authority for Farm Debt Mediation – no creditor can take enforcement action on farm mortgages without first securing an Exemption Certificate from McAlary-Smith.
“The number of farming families with farm mortgages moving into arrears is growing and we are seeing an increased number of applications for assistance to mediate loans that are in arrears,” the Commissioner said.
“Our ideal outcome is to support farmers and their creditors to arrive with a debt arrangement that will allow them to continue their farming enterprise in some form, producing essential foods and fibres.”
McAlary-Smith was first appointed Commissioner in 2021 during the COVID-19 pandemic and led the response to an unprecedented number of applications for assistance through the government’s Commercial Tenancy Relief Scheme.
“The Commission assisted more than 62,100 Victorians throughout the COVID-19 pandemic and supported the resolution of more than 4,100 disputes through the Commercial Tenancy Relief Scheme. While those arrangements have concluded, the economic aftershock of that period continues today as businesses repay COVID-era loans and tax liabilities.”
The VSBC moved to an online-first approach for mediations during the COVID-19 lockdowns and has maintained the model since.
Online mediations save business owners time, reduce the stress travelling away from their homes or businesses and reduces costs to the taxpayer. Recognising this, the VSBC was awarded Ombudsmen & Commissions ADR Group of the year in the 2022 Australian ADR Awards.
About Commissioner Lynda McAlary-Smith
Commissioner McAlary-Smith is a qualified lawyer and accomplished senior executive with extensive experience working with businesses across every sector within Victoria and nationally.
Ms McAlary-Smith also has two decades of experience working as regulator in multiple jurisdictions including the Commonwealth and Victoria in workplace relations, building and construction and business regulation more generally.
Ms McAlary-Smith was previously a commercial litigator for businesses in the private sector.
Ms McAlary-Smith was recognised in the 2023 IPAA Top 50 Public Sector Women awards.
About the Victorian Small Business Commission (VSBC)
The VSBC champions a fair and competitive business environment and assists small businesses to avoid and resolve disputes.
The VBSC delivers low-cost and impartial dispute resolution services for the state’s small businesses and is a statutory authority on disputes related to retail leasing, franchising, farm debt, gig workers, certified passenger vehicles and forestry contractors and owner drivers.
Key Facts:
Victorian Small Business Commissioner Lynda McAlary-Smith was re-appointed for a further five year term on Friday 30 August 2024.
Contact details:
Nick Edrington - nick.edrington@vsbc.vic.gov.au, 0459 542 115
