Not identifying or ignoring compliance or regulation issues faced by your business can cost you, in terms of time and not just money. To understand why a government department has made an adverse finding against you or your business, or has alleged your business is non-compliant with certain government regulations, a good starting point is to ask the decision maker for a copy of the reasons for the decision, and possibly seek general information from your industry association. From there, getting your business back on track and without attracting further unwanted attention from the regulators may well require legal assistance from a business lawyer. Please do not delay seeking advice from a lawyer on your rights and obligations, because there are strict timeframes to lodge an appeal against an administrative decision.
One of the things for you to consider and discuss with your lawyer is if you have an appeal right against the adverse administrative decision or determination by the relevant government department or authority. Answering that question will involve your lawyer looking at the relevant legislation and administrative law, and considering whether or not you have run out of time to lodge an appeal against the decision or determination.
When the dispute involves a decision made by a New South Wales government department or statutory authority, such an appeal would be made to the NSW Civil & Administrative Tribunal (NCAT). Appeals against Commonwealth government or statutory authority decisions are decided by the Australian Administrative Tribunal (AAT).
In some cases, getting back on track and resolving a non-compliance issue identified by a government department or statutory authority may involve legal advice on your business agreeing to implement or update a regulation compliance program, as an alternative to Tribunal or court proceedings.
We can provide a clear assessment of your position and possible options for dealing with compliance and regulation issues. Our approach as a law firm is to provide common-sense, strategic and to the point advice .
We can assist and provide administrative law advice to small business across across a range of compliance and regulation issues, including:
- Corporate Law,
- Franchising Code of Conduct issues,
- Checking/vetting advertising material for misleading or deceptive representations about goods or services of a supplier,
- Australian Consumer Law, and consumer warranties and guarantees,
- Dealing with NSW and Australian government, regulation and statutory licensing requirements for business.
Talk to us today and we will explain how we can help you with compliance or regulation issues specific to your business.