Victorian Numbered Acts Victorian Numbered Acts(1) The Small Business Commission is not a public body within the meaning of the Financial Management Act 1994 .
(2) The Commission must, within 3 months after the end of a financial year, submit a report to the Minister relating to the operation and performance of the Commission as if it were an annual report of operations under Part 7 of the Financial Management Act 1994 .
(3) The Minister must cause the report to be laid before each House of the Parliament on or before 31 October each year or, if a House is not then sitting, on the first sitting day of that House after 31 October.
(4) Subject to subsection (5), a report submitted to the Minister may include details of a certificate issued under section 12(3) certifying that a party to a dispute has unreasonably refused to participate in alternative dispute resolution.
(5) Before the details of the certificate are included in the report, the Commission must give written notice to the party specifying—
(a) the Commission's intention to include the details of the certificate in the report; and
(b) that the party may make submissions to the Commission within 21 days giving reasons why details of the certificate should not be included in the report.
(6) If a party makes any submissions to the Commission within 21 days after receiving the notice, the Commission must consider those submissions.
(7) If the Commission intends to include in a report submitted to the Minister a comment or opinion that is adverse to any person, other than the details of a certificate referred to in subsection (4), the Commission must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report.
(8) The Commission must not include in the report any information that would identify any person who is not the subject of any adverse comment or opinion unless the Commission—
(a) is satisfied that it is necessary or desirable to do so in the public interest; and
(b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and
(c) states in the report that the person is not the subject of any adverse comment or opinion.