Victorian Small Business Commission

Under the Owner Drivers and Forestry Contractors Act 2005, owner drivers, forestry contractors and hirers can contact the Victorian Small Business Commission (VSBC) to arrange low-cost alternative dispute resolution (including mediation and consent arbitration) if disagreements arise.

The dispute resolution process can be used for disputes arising under or in relation to the Act, Code of Practice or in relation to a contract.

Victorian Civil and Administrative Tribunal

Disputes that are not resolved by the VSBC may be referred to the Victorian Civil and Administrative Tribunal (VCAT) for determination. Generally, parties must go to the VSBC before going to VCAT.

After hearing and deciding a dispute, VCAT may make a range of orders, including:

• an order for a party to do, or refrain from doing, something
• an order invalidating, varying or requiring performance of a contract
• an order for a refund, compensation or damages
• any other order it considers fair, including varying or voiding a contract term to avoid injustice

If the hirer or freight broker has not complied with the requirements in relation to providing the relevant information booklet or rates and costs schedule, VCAT may also make an order that the owner driver or forestry contractor is paid a specified amount for their services under the contract.

Wage Inspectorate Victoria

Wage Inspectorate Victoria is responsible for monitoring compliance with the Owner Drivers and Forestry Contractors Act 2005. The Inspectorate can guide you through the dispute resolution process.

If you have any questions, Wage Inspectorate Victoria is available to provide information and answer queries. Please call the Information Line on 1800 287 287 or email odfc@dpc.vic.gov.au

Make a complaint

If you have a complaint relating to a transport or forestry contract engagement, you can report it using the Wage Inspectorate complaint form.

You also have the option to make an anonymous report if you suspect someone is breaking the rules relating to owner drivers or contractors but you don’t want to provide personal information.