South Australian Current Acts South Australian Current Acts20—Functions of Commissioner
(1) The Commissioner
has the following functions under this Act:
(a) to
make arrangements to facilitate the resolution by mediation of farm debt
disputes between farmers and creditors;
(b) to
provide preliminary assistance to farmers and creditors who have agreed to
participate in mediation in relation to farm debts by—
(i)
giving both parties advice about their rights and
obligations in relation to the mediation process; and
(ii)
encouraging full and open communication between the
parties in relation to the dispute;
(c) to
issue prohibition certificates under Part 2 Division 2;
(d) to
issue exemption certificates under Part 2 Division 3;
(e) to
report to the Minister responsible for the administration of the
Livestock Act 1997 on the performance of functions by the Commissioner
under this Act (without limiting the Commissioner's functions under section 5
of the Small Business Commissioner Act 2011 );
(f) to
perform any function conferred or imposed on the Commissioner under this Act.
(2) The Commissioner
is not subject to the Minister's control or direction in exercising functions
under section 20(1)(a), (b), (c) or (d).
(3) For the purposes
of arranging for the resolution of farm debt disputes by mediation, the
Commissioner—
(a) may
engage persons to conduct mediations; and
(b)
must, when engaging persons under paragraph (a), ensure that those
persons have the necessary skills and experience to conduct a mediation in a
particular case.