Our platform · Interactive shopfront

Room to Grow: Small Business in New South Wales

Backing the 893,000 small businesses that employ 1.7 million people in New South Wales — lower compliance costs, fair payment, tax that doesn’t punish growth, and government out of the way.

893,421

New South Wales businesses employ fewer than twenty people — 97.5 per cent of every business in the state

77%

named red tape a concern at the end of 2025 — a record high in the Commission's own survey

64days

to pay the slowest five per cent of small business invoices, against agreed terms of 29

Every figure above is quoted from the evidence below — the ABS counts of Australian businesses, the NSW Small Business Commissioner, and the Payment Times Reporting Regulator.

Interactive · The counter

Clear the counter. Make the hire.

A sole trader who takes on one employee is the transition the state's job growth actually depends on — and the thing standing in the way is never just one thing. Every load below costs a small business two different resources at once: the owner's week, and the till. Lift them off one at a time and watch which gauge moves. No single reform squares both books: With every load lifted, both gauges are clear: the card in the window is filled in, the apron comes off its hook, and there is somebody at the other end of the counter.

Schematic drawing of a small shop, seen from inside. A window on the left holds a not-yet-filled-in position card; a register sits on the counter; a spare apron hangs unused on a hook at the back; and the owner stands behind a long counter, stooped. Stacked on the counter are five crates — the payroll tax step at the bottom, then the standards paywall, the licence gate, being paid late, and red tape on top. Lifting a load empties its crate and drops the crates above it, revealing the outline of a second person at the far end of the counter. With the counter clear the owner stands upright, the card in the window is filled in, the apron comes off the hook, and the second person is standing there wearing it.

The counter — schematic, and drawn from the loads named in this platform.

The owner's week

12 of 12 blocks free

The till

12 of 12 blocks free

5 of 5 lifted Room to grow

The counter is clear. There is room to take someone on.

“Small business does not need to be championed. It needs to be left alone competently — clear rules, fast decisions, bills paid on time, and a market open to the next person who wants a go.”

The load — five things this platform would take off the counter

Each load shows what it costs: blocks out of the owner's week, and blocks out of the till. Press one to lift it off; press it again to put it back. All five are lifted here, which is why both gauges read clear.

  1. Red tape. 77 per cent of New South Wales small businesses named it at the end of 2025 — a record high. Our answer: A published dollar target for cutting compliance and delay costs, reported against every year, and a small business impact test on every significant new rule.

  2. Being paid late. Only 68.1 per cent of small business invoices are paid on time, and the slowest 5 per cent have gone from 58 days to 64. Our answer: Five business days from government, with interest that accrues automatically rather than on request — and flow-down terms so a prime contractor pays its small subcontractors as fast as the state pays the prime.

  3. The licence gate. New South Wales and South Australia are the only states requiring hairdressers to hold an industry qualification. Our answer: Review the entry requirements Victoria and Queensland manage without, using the licensing framework IPART has already written — and stop exempting New South Wales from mutual recognition it has agreed to.

  4. The standards paywall. One small electrical engineering business needed hundreds of standards for a single project, at more than the project’s profit margin. Our answer: Where the law makes a standard compulsory, the standard should be free to read. The government mandating it is the right body to pay for it.

  5. The payroll tax step. A business with the same staff on the same real wages now needs a payroll of about $1.43 million to be where $1.2 million once put it. Our answer: Index the threshold in legislation rather than at ministerial discretion, pay for it transparently, and clean up the contractor provisions so a small employer can self-assess with confidence.

Read all twelve directions for debate →

“Small business does not need to be championed. It needs to be left alone competently.” — the closing line of this platform

The blocks on both gauges are schematic — a picture of how each load falls between time and money, not a measured count of hours or dollars. Every figure quoted on the board is taken from the platform text on this page; the shopfront is ours.

All five loads are lifted here, which is why both gauges read clear and the hire is made. Turn JavaScript on and you can take them off one at a time and see which one moves which gauge.

On the counter

Room to Grow: Small Business in New South Wales

New South Wales has 916,603 actively trading businesses. Of those, 893,421 — 97.5 per cent — employ fewer than twenty people, and 560,636 employ nobody but the person who owns them (ABS, 2025b). Between them, small businesses employ around 1.7 million people, roughly 43 per cent of the state’s private sector workforce, pay $77.4 billion a year in wages and salaries, and earn $550.3 billion in sales and service income (NSW Small Business Commission, 2026). They are not a sector. They are the ordinary economic life of the state.

The Australian Democrats come at this from the liberal tradition: a belief that enterprise is a form of freedom, that competition serves consumers better than incumbency, that people who take a risk with their own money deserve rules that are clear and a state that pays its bills. That tradition also insists on honesty about trade-offs. Not every rule is red tape. Not every deregulation is a saving. The test we apply is whether a requirement earns its cost — and whether anyone is measuring.

On the current evidence, too much of what New South Wales asks of small business has never had to pass that test. Red tape is now the fastest-growing concern small businesses report, named by 77 per cent of them at the end of 2025 — a record high in the Commission’s survey series (NSW Small Business Commission, 2026). Across Australia in 2024–25, 45,577 non-employing businesses took on at least one employee, while 78,005 employing businesses shed their last one (ABS, 2025a). That is the number that should worry a government.

Our platform underscores our commitment to the following five points:

  1. Make it easier to hire the first employee: We’ll press for state settings — payroll tax thresholds, licensing, insurance and paperwork — to be judged on whether they help a sole trader become an employer, because that is the transition on which the state’s job growth actually depends.
  2. Make government pay its own bills, and pay for being late: We’ll argue that when the New South Wales Government or a large business is slow to pay a small supplier, it is borrowing from that supplier without asking — and that interest should be automatic, not discretionary.
  3. Count the cost of regulation the way we count the cost of anything else: We’ll call for a published, measured target for reducing the compliance and delay costs of New South Wales regulation, an annual independent report on whether it is falling, and a small business impact test on every new rule. Measured, published, and honest about what the rules buy us.
  4. Fix the taxes that punish growth rather than the taxes that fund the state: We’ll advocate for indexing the payroll tax threshold, cleaning up the contractor and employment agent provisions that catch arrangements they were never designed for, and simplifying rather than merely reducing.
  5. Open the market to newcomers: We’ll back the removal of unjustified occupational licence barriers, the ban on non-compete clauses for low- and middle-income workers, free access to standards the law makes compulsory, and procurement that a firm of five people can actually win.

The load

Key issues

  • The state is losing employers faster than it gains them
  • Across Australia in 2024–25, 45,577 surviving non-employing businesses took on at least one employee, while 78,005 employing businesses shed all their staff and became non-employing — a net movement of 32,428 businesses out of the employing population (ABS, 2025a). Only about three per cent of surviving self-employed businesses became employers in 2023–24, the lowest rate since the records began in 2007–08 (ASBFEO, 2025b). Small business’s share of the private sector workforce has fallen from 42 per cent in 2021–22 to 39 per cent in 2023–24 (ASBFEO, 2025b).
  • Compliance burden is now the fastest-growing complaint
  • At the end of 2025, the top concerns reported by New South Wales small businesses were the cost of business inputs (84 per cent), red tape (77 per cent, a record high) and cashflow and availability of working capital (75 per cent) (NSW Small Business Commission, 2026). The Commission’s statewide red tape project, which engaged more than 1,100 small businesses, found duplicative reporting, complex licensing, planning delays, difficulty accessing government procurement and poor digital usability.
  • Being paid late is a tax nobody legislated
  • Large businesses and Commonwealth entities took 27.4 days on average to pay small business suppliers, but only 66.5 per cent of small business invoices were paid on time, against an average agreed payment term of 29 days (Payment Times Reporting Regulator, 2026). The tail is getting worse: the time taken to pay 95 per cent of small business invoices rose from 58 to 64 days in the most recent cycle (Payment Times Reporting Regulator, 2026).
  • When a small business is wronged, justice is priced out of reach
  • Forty-four per cent of small business disputes concern the payment of invoices. Where a dispute escalates to a formal legal pathway, the average cost was over $130,000 and two out of three business relationships ended. For a matter worth less than around $100,000, court proceedings are simply not economically viable (ASBFEO, 2020).
  • Payroll tax has become a tax on growth by accident
  • The threshold has sat at $1.2 million since 1 July 2020 (Revenue NSW, 2020; Revenue NSW, 2026a). New South Wales wages have risen 19.2 per cent since then (ABS, 2026), so a business with exactly the same staff, on wages that have merely kept pace with the NSW wage price index since 2020, now needs a payroll of about $1.43 million to be where $1.2 million once put it. Payroll tax revenue is forecast to grow from $13.4 billion in 2024–25 to $17.5 billion by 2029–30 (NSW Treasury, 2026).
  • The contractor provisions catch what they were never meant to catch
  • Payments under “relevant contracts” are payroll-taxable unless one of seven exemptions applies (Revenue NSW, 2026b). Since November 2024 the NSW Legislative Council’s Portfolio Committee No. 1 has been inquiring into the application of the contractor and employment agent provisions of the Payroll Tax Act 2007, with the Acting Small Business Commissioner appearing as a witness (NSW Small Business Commission, 2026). Uncertainty about a tax is itself a cost, and it falls hardest on firms without a tax adviser on retainer.
  • New South Wales is an outlier on some occupational licences and cannot say why
  • The state’s occupational entry regulations are on average more stringent than Victoria’s and Queensland’s. New South Wales and South Australia are the only states requiring hairdressers to hold an industry qualification — a Certificate III taking 12 to 34 months full-time and costing around $13,000 (NSW Productivity and Equality Commission, 2024). New South Wales has exempted general builders, mining surveyors, teachers, air conditioning and refrigeration mechanics and property agents from Automatic Mutual Recognition.
  • Insurance costs have risen sharply, then been frozen by fiat
  • Workers compensation premium rates rose by an average of 8 per cent in each of 2023–24, 2024–25 and 2025–26 under a ministerial direction, across a scheme covering more than 338,000 employers and 3.5 million workers (icare, 2025). Industry classification rates have since been frozen for 2026–27 under the Government’s legislated reforms (icare, 2026). A freeze is relief; it is not a solution to the claims costs underneath it.
  • The rules you must obey, you must also buy
  • Where Australian Standards are mandated by law, access is sold under a private licensing model at $100 to over $500 per standard, with frequent updates requiring repurchase. One small electrical engineering business reported needing hundreds of standards for a single infrastructure project at a cost exceeding the project’s profit margin (NSW Small Business Commission, 2025).
  • Survival is not assured, and the early years are brutal
  • Of the 143,455 businesses that started in New South Wales in 2021–22, only 68,320 — 47.6 per cent — were still trading at June 2025 (ABS, 2025a). Business-related insolvencies in New South Wales numbered 5,517 in 2025 (NSW Small Business Commission, 2026).

What is already built

Key opportunities

  • Government is already the single largest customer, and could be a better one
  • New South Wales Government agencies must pay registered small business suppliers within five business days of a correctly rendered invoice, of any value (buy.nsw, 2025). The design is right. The enforcement is not: interest on late payment is discretionary, something an agency “may” pay if its own supplier payment policy allows it.
  • Digital plumbing that is already built
  • More than 400,000 businesses are on the Peppol eInvoicing network, along with more than 300 state, territory and local government organisations, and most New South Wales Government agencies can receive eInvoices (ATO, 2026). The infrastructure for near-instant invoicing exists. It is the payment discipline that lags.
  • A national reform window that New South Wales can lead rather than follow
  • The Productivity Commission has recommended a $10 billion national target for reducing compliance and delay costs by 2030, an annual independent Regulation Review, regulatory burden offsetting and an independent statutory commissioner overseeing impact analysis (Productivity Commission, 2025b). Aligning mandatory Australian standards with international benchmarks is separately estimated to be worth $1.1 billion to $3 billion a year (Productivity Commission, 2025a).
  • Licensing reform with an existing, tested method
  • IPART’s best-practice licensing framework already exists and the state’s own Productivity and Equality Commission recommends regulators adopt it, along with negative licensing trials for low-risk occupations and time-limited regulatory experiments (NSW Productivity and Equality Commission, 2024). New South Wales does not need to invent a method. It needs to use the one it has.
  • A dispute service that already works, at a fraction of court cost
  • The NSW Small Business Commission conducted 350 mediations and managed 1,960 mediation applications in 2025, with many matters resolved early through facilitated discussion before formal mediation was needed, and a 94 per cent customer experience satisfaction score (NSW Small Business Commission, 2026). Against an average formal legal cost of over $130,000, this is extraordinary value that is under-scaled.
  • A front door that has proved it gets used
  • The Service NSW Business Bureau responded to more than 265,000 requests for assistance in its first year and delivered around 45,000 hours of free tailored business advice (Service NSW, 2024). Demand is not the problem.
  • Competition reform that raises wages without costing the budget
  • Around one in five Australian workers is subject to a non-compete clause, and similar businesses without non-compete clauses pay workers 4 per cent more on average; Treasury’s own microdata analysis found no systematic evidence of wage compensation for the mobility restrictions (Treasury, 2025). Removing these restraints costs the state nothing and helps the very small firms that cannot outbid an incumbent for staff.

Our plan

Our Plan

The Australian Democrats want a different conversation about small business in New South Wales — one that stops treating it as a constituency to be reassured and starts treating it as the productive core of the state’s economy. Enterprise policy done properly is not about grants and announcements. It is about whether the rules are clear, whether the bills get paid, whether the tax system punishes the act of hiring, and whether a newcomer can enter a market an incumbent would rather keep closed. What follows are directions we want debated, not a manifesto we ask anyone to swallow whole.

Directions for debate

Key Directions for Debate

Set a published dollar target for cutting the cost of New South Wales regulation, and report against it every year

Adopt for New South Wales the method the Productivity Commission recommended nationally: a whole-of-government target for reducing the compliance and delay costs of state regulation, an obligation on portfolios and regulators not to increase net compliance and delay costs, and an independent annual review that reports whether the burden is actually falling (Productivity Commission, 2025b). Two honesty clauses belong in the same breath. First, the Commission itself warns that hard targets create incentives to constrain measured burdens rather than to regulate well, and that “removing socially beneficial regulations would help achieve targets, but would be to the detriment of Australians more broadly” (Productivity Commission, 2025b). Second, New South Wales has run the slogan version of this before, and the Audit Office found a “one-in-two-out” rule and a red tape target largely ineffective at long-term reduction, with legislative complexity increasing over the life of the initiative (NSW Productivity Commission, 2021). The answer is not to abandon the target. It is to publish the workings, subject deregulatory changes to the same impact analysis as new regulation, and let an independent body mark the homework.

Require a small business impact test on every significant new rule

Every new or amended state regulation of consequence should be accompanied by a published assessment of what it costs a firm with five employees to comply — in hours, in dollars, and in the professional advice it will need to buy. This is not a veto. It is a disclosure. The case for doing it at state level is strengthened by an unexpected source: in designing its national indicators, the Productivity Commission judged that measures focused only on small business “will score poorly” against a representativeness criterion (Productivity Commission, 2025b). That is a defensible choice for a national dashboard, and precisely why New South Wales needs its own.

Index the payroll tax threshold, and say plainly what payroll tax is for

The threshold has been $1.2 million since 1 July 2020 while New South Wales wages rose 19.2 per cent (Revenue NSW, 2020; ABS, 2026). Index it, and index it in legislation rather than at ministerial discretion, so employers are not drawn into a tax by inflation alone. Be honest about the trade-off: payroll tax is forecast to raise $14.9 billion in 2026–27, more than any other state tax including transfer duty (NSW Treasury, 2026), and indexation is not free. It should be paid for transparently — from broadening the base or from the stamp duty reform we argue for elsewhere in this platform — not from a footnote. And resist the temptation to raise the threshold dramatically: a high threshold with a sharp edge is itself a growth penalty, because it makes the next hire the most expensive one a business will ever make.

Clean up the contractor and employment agent provisions

The “relevant contract” provisions were designed as anti-avoidance measures for arrangements that are employment in substance. Seven exemptions now sit around them, turning on tests such as whether services were provided for 90 or 180 days, whether the contractor also serves the public, and whether two or more people did the work (Revenue NSW, 2026b). A small business cannot reliably self-assess against that. We support the NSW Legislative Council’s inquiry into these provisions reporting with legislative clarity, prospective application of any changed interpretation, and a safe harbour for businesses that relied in good faith on published guidance. Certainty is worth more to a small employer than a concession.

Pay small suppliers in five days — and pay interest automatically when we don’t

The New South Wales Faster Payment Terms Policy already requires most agencies to pay registered small business suppliers within five business days of a correctly rendered invoice, of any value (buy.nsw, 2025). Make the consequence automatic rather than optional: interest accruing by default on any late payment to a registered small business, at a published rate, paid without the supplier having to ask — and agency-by-agency compliance published annually. A government that asks large businesses to pay small ones faster should be able to show its own record first.

Make government a customer a five-person firm can actually win

New South Wales requires at least 10 per cent of the non-price evaluation weighting on contracts of $3 million or more to be allocated to SME participation, and defines an SME as an enterprise with fewer than 200 full-time equivalent employees (buy.nsw, 2021). That definition covers firms a hundred times the size of the businesses this policy is about. We would argue for a distinct small business category within procurement policy, for breaking large contracts into packages a small firm can bid for, for flow-down payment terms so that a prime contractor must pay its small subcontractors as fast as the state pays the prime, and for publishing what share of state spend actually reaches businesses with fewer than twenty employees. Accessing government procurement was one of the five barriers small businesses named in the Commission’s statewide red tape work (NSW Small Business Commission, 2026).

Publish end-to-end approval clocks, and make delay visible

Every state approval a business needs — licence, permit, registration, environment protection licence, development consent — should have a published statutory decision timeframe and a published record of actual performance against it. The Audit Office’s synthesis of 19 audits between 2018 and early 2024 found New South Wales regulators frequently lacked a clearly defined regulatory approach, held incomplete or outdated information about the entities they regulate, documented reasoning poorly, and gave insufficient and untimely guidance — even though guidance that supports voluntary compliance is more cost-effective than enforcement (Audit Office of New South Wales, 2024). Fixing that is not deregulation. It is competent administration, and it is cheaper than the alternative.

Review New South Wales’s outlier occupational licences against the states that manage without them

Where New South Wales imposes entry requirements that Victoria and Queensland do not, the state should have to show what the extra requirement buys. The state’s own Productivity and Equality Commission nominated three candidates: hairdressers, air conditioning and refrigeration mechanics, and project builders. On its index, New South Wales scores 1.25 for hairdressers against 0.00 in both Victoria and Queensland; 2.58 for air conditioning and refrigeration mechanics against 1.00 and 1.42; and 2.50 for project builders against 2.42 and 1.83 (NSW Productivity and Equality Commission, 2024). We would have those reviews use the IPART licensing framework, consider negative licensing for genuinely low-risk occupations, and run time-limited regulatory experiments where the risk is contested rather than arguing about it indefinitely. Say the hard part out loud: a 2016 departmental review already found the hairdressing qualification imposed burden without significant benefit, and the Government retained it anyway after industry opposition (NSW Productivity and Equality Commission, 2024). Incumbents lobby to keep entry barriers. That is exactly why the test should be evidence, not consultation volume.

Stop exempting New South Wales from mutual recognition it has already agreed to

New South Wales has exempted general builders, mining surveyors, teachers, air conditioning and refrigeration mechanics and property agents from Automatic Mutual Recognition; air conditioning and refrigeration mechanics and project builders were each due to enter the scheme in July 2024 and were each granted a further twelve-month exemption (NSW Productivity and Equality Commission, 2024). Each remaining exemption should be justified publicly on safety evidence, with a sunset date, or lapse. New South Wales should also build a pathway for recognising builder qualifications obtained overseas, which Queensland has and New South Wales does not.

Free the standards the law makes compulsory

Where legislation requires compliance with an Australian Standard, that standard should be free to read. Charging a small business between $100 and over $500 per document, repeatedly, to find out what the law requires of it is a barrier to compliance dressed up as a business model. New Zealand has made certain safety-related standards freely available in the public interest (NSW Small Business Commission, 2025). That argument has now been won federally: the 2026–27 Commonwealth Budget commits to “providing free access to all standards referenced in Australian legislation”, a change the Government says “will save small businesses and tradies up to $1,600 per year” (Australian Government, 2026). New South Wales should make sure the standards its own instruments mandate are inside that scope, press for the same treatment of state-referenced standards nationally, and fund public access itself where they fall outside. We acknowledge the counter-argument: standards development is expensive and someone must pay for it. Our answer is that the government mandating the standard is the right someone.

Back the non-compete ban, and back it in New South Wales’s own settings

The Commonwealth has announced a ban on non-compete clauses for low- and middle-income workers, along with wage-fixing and no-poach agreements, to take effect from 2027 following consultation and legislation (Treasury, 2025). New South Wales should support it, apply the same principle in its own public sector and in state-funded services, and use its consumer protection and small business functions to educate employers on what changes. This is competition policy that helps small firms: a new entrant cannot outbid an incumbent for staff, but it can offer a better job — if the law lets the worker take it.

Give small business a fast, cheap forum for payment disputes, and protect retention money better

Scale the Small Business Commission’s mediation service — 350 mediations and 1,960 applications in 2025 (NSW Small Business Commission, 2026) — and give it a stronger, low-cost determinative pathway for straightforward unpaid-invoice disputes below a set value, so that a $40,000 debt does not become a $130,000 legal exercise (ASBFEO, 2020). In construction, where 1,128 New South Wales companies entered external administration in 2024–25 (ASIC, 2025), the retention money trust obligation currently applies only to head contractors on projects valued over $20 million (NSW Government, 2026). We think that threshold should come down, and we say plainly that this is contested: lowering it imposes real administrative cost on mid-sized head contractors, and industry has resisted it before. The case for it is that retention money is the subcontractor’s money, and a threshold set at $20 million leaves most subcontractors outside the protection.

Small business does not need to be championed. It needs to be left alone competently — clear rules, fast decisions, bills paid on time, and a market open to the next person who wants a go.

The evidence

The Evidence

The shape of small business in New South Wales

At 30 June 2025 there were 916,603 actively trading businesses in New South Wales, up 20,040 over the year — the largest net increase of any state or territory — on an entry rate of 16.5 per cent and an exit rate of 14.1 per cent (ABS, 2025a). Within that total, 560,636 businesses employed nobody, 257,933 employed one to four people, 74,852 employed five to nineteen, 21,289 employed twenty to 199, and 1,953 employed 200 or more (ABS, 2025b). Businesses with fewer than twenty employees therefore make up 893,421 of them, or 97.5 per cent — a figure that matches the 893,000 the state’s own Small Business Commission uses (NSW Small Business Commission, 2026). Nationally the picture is the same: 2,656,469 small businesses, 97.3 per cent of all Australian businesses, of which around 64 per cent are non-employing (ASBFEO, 2025a).

The economic weight of these firms is not marginal. New South Wales small businesses employ around 1.7 million people in the private sector — roughly 43 per cent of the state’s private sector workforce — pay $77.4 billion a year in wages and salaries and generate $550.3 billion in annual sales and service income (NSW Small Business Commission, 2026). Nationally, small businesses employed 5,165,000 people in 2023–24, 39 per cent of the private sector workforce measured across the industries the ABS publishes, with construction (804,000), professional, scientific and technical services (627,000) and accommodation and food services (486,000) the largest small business employers (ASBFEO, 2025b).

Turnover tells you what kind of businesses these mostly are. At June 2024, 644,604 Australian businesses turned over less than $50,000 a year and 864,086 turned over between $50,000 and $200,000 — together more than half of all businesses — while 931,592 sat between $200,000 and $2 million (ASBFEO, 2025a). This is the scale at which a $500 standard, a $13,000 qualification or a sixty-day invoice is not an inconvenience but a decision about whether to keep trading.

Survival is not assured. Of the 817,749 businesses operating in New South Wales in June 2021, 514,567 were still trading four years later — a survival rate of 62.9 per cent. Of the 143,455 that entered in 2021–22, just 68,320 survived to June 2025: 47.6 per cent (ABS, 2025a). Roughly half of new New South Wales businesses do not see their fourth birthday. That is not, in itself, a policy failure — churn is how a market economy reallocates effort. It does mean that the compounding cost of getting the settings wrong is paid by an enormous number of people in a short space of time.

The vanishing employer

The most consequential statistic in Australian small business data is one almost nobody quotes. The ABS tracks how surviving businesses move between employment size categories. In 2024–25, 45,577 surviving non-employing businesses took on at least one employee. In the same year, 78,005 surviving businesses that had employed someone shed all their staff and became non-employing — 67,040 of them firms that had employed one to four people, 8,691 that had employed five to nineteen, and 2,238 that had employed twenty to 199. The net movement was 32,428 businesses out of the employing population (ABS, 2025a).

The Ombudsman’s own reading of the earlier year is blunter still: only three per cent of surviving self-employed businesses became an employing business in 2023–24, “the lowest rate since these records began in 2007–08” (ASBFEO, 2025b). The 2024–25 data implies a similar rate of about 3.3 per cent. The Ombudsman attributes the pattern to a tight labour market, difficulty accessing suitably qualified staff, “hesitations around increasing and more complex employer responsibilities”, and growing interest in engaging contractors instead (ASBFEO, 2025b). Consistent with that, the number of people employed by businesses with five to nineteen employees fell 6.1 per cent in 2023–24 — the only size band to fall — while employment in large businesses rose 6.2 per cent (ASBFEO, 2025b).

This is the transition that state policy most directly touches, because the step from sole trader to employer is where payroll tax, workers compensation, licensing, industrial obligations and record-keeping all arrive at once. It is also the transition that the state has the least visibility over. We think New South Wales should publish an annual account of it: how many state businesses took on a first employee, how many stopped employing, and what changed.

What compliance costs, and how to count it honestly

The Productivity Commission’s December 2025 inquiry report is the most careful recent treatment of this question, and it is careful in both directions. It finds that “fewer firms are entering and exiting markets; fewer are innovating and reaching the productivity frontier; and labour is more slowly reallocating to its most productive use”, and that non-mining business investment is down 3.0 percentage points as a share of GDP since the global financial crisis (Productivity Commission, 2025b). Its remedy is institutional rather than rhetorical: a whole-of-government commitment to reduce the compliance and delay costs of Commonwealth regulation by $10 billion by 2030; an annual independent Regulation Review reporting on a broad set of indicators of regulatory quality and burden; “regulatory burden offsetting” so that portfolios and regulators do not increase net compliance and delay costs; and an independent statutory commissioner to oversee the Office of Impact Analysis (Productivity Commission, 2025b).

The Commission is candid about scale and about risk. It describes the $10 billion figure as amounting to “a 6–9% reduction in compliance and delay costs over four years, which is in line with the 6% reduction in these costs that the Australian Government achieved over two years from 2014 after setting itself reduction targets” — that is, ambitious but demonstrably achievable. And it warns that “targets create strong incentives for regulators to constrain measured regulatory burdens, but this does not necessarily align with desirable regulatory outcomes (for example, removing socially beneficial regulations would help achieve targets, but would be to the detriment of Australians more broadly)” (Productivity Commission, 2025b). We quote that warning deliberately. A party that campaigns on honesty should not sell a red tape target without the caveat printed on the tin.

New South Wales has its own history here, and it is not flattering. The state’s 2021 productivity White Paper records the Audit Office of New South Wales finding that a “one-in-two-out” rule and a red tape reduction target were largely ineffective at long-term red tape reduction, with legislative complexity increasing over the life of the initiative (NSW Productivity Commission, 2021). The same White Paper puts the cost to New South Wales of weaknesses in the regulatory impact analysis process alone at around $500 million a year, counting administrative costs, substantive compliance costs, fees and charges, and the cost of delay (NSW Productivity Commission, 2021).

Meanwhile the administrative reality is documented. The Audit Office’s 2024 synthesis of 19 audits conducted between 2018 and early 2024 found systemic gaps across New South Wales regulators: unclear regulatory approaches leaving regulated entities uncertain about priorities and obligations; incomplete or outdated information about regulated entities; inadequate quality assurance, with regulatory decisions often lacking documented reasoning and escalation thresholds poorly defined; and insufficient, untimely guidance — despite guidance that encourages voluntary compliance being more cost-effective than enforcement (Audit Office of New South Wales, 2024). Small businesses experience these failures as delay and confusion, and they have no compliance department to absorb either.

What small businesses themselves say is consistent. At the end of 2025, red tape was named as a concern by 77 per cent of New South Wales small businesses — a record high in the Small Business Commission’s monthly Momentum survey, which draws on more than 8,000 businesses a year — behind only the cost of business inputs at 84 per cent and ahead of cashflow at 75 per cent (NSW Small Business Commission, 2026). The Commission’s statewide red tape discovery project, engaging more than 1,100 small businesses, identified duplicative reporting, complex licensing, planning delays, difficulty accessing government procurement opportunities and poor digital usability as the recurring themes.

Getting paid

Late payment is the most common commercial injury small businesses suffer and the least discussed in tax and regulatory debate. The Payment Times Reporting Regulator’s data, covering 3,098 reporting entities, shows that large businesses and Commonwealth entities took 27.4 days on average to pay small business suppliers — but that only 66.5 per cent of small business invoices were paid on time, against an average common payment term of 29 days. On average, 80 per cent of small business invoices were paid within 39 days and 95 per cent within 64 days, more than double the agreed common payment term (Payment Times Reporting Regulator, 2026). Around one third of small business invoices, in other words, are paid after the terms both parties agreed to.

The tail is getting worse. For the reporting period 1 January to 30 June 2025, the number of days taken to pay 95 per cent of small business invoices “rose to 64 days from the previous 58 days”, which the Regulator describes as showing that “while average payment times remained relatively stable, it indicates the slowest payments are getting even slower. This disproportionately affects cash flow for small businesses” (Payment Times Reporting Regulator, 2026). This matters because small businesses are not a peripheral part of large supply chains: 3,098 reporting entities bought from small business suppliers, sourcing on average 28.7 per cent of their total procurement value from them (Payment Times Reporting Regulator, 2026). The Regulator notes that previous research shows a 30-day payment time from large businesses to their small business suppliers delivers over $300 million to the Australian economy.

New South Wales has the right instrument and the wrong incentive. The Faster Payment Terms Policy requires most agencies, under the Government Sector Finance Act 2018, to pay a registered small business supplier within five business days of a correctly rendered invoice of any value, with small business defined as fewer than 20 full-time equivalent employees and not a subsidiary or partner of a larger business (buy.nsw, 2025). But interest is discretionary: agencies “may pay interest on late accounts if included in the agency’s supplier payment policy”, and are merely “encouraged to consider the impact” (buy.nsw, 2025). A payment obligation without an automatic consequence is a hope. The plumbing to make it automatic already exists — more than 400,000 businesses and more than 300 state, territory and local government organisations are on the Peppol eInvoicing network, and most New South Wales agencies can receive eInvoices (ATO, 2026).

When payment fails and a dispute begins, the formal system prices small businesses out. The Ombudsman’s Access to Justice work found that 44 per cent of small business disputes concern the payment of invoices; that 41 per cent of small businesses resolve disputes without escalation, against 67 per cent for larger businesses; that where a formal legal pathway was used the average cost was over $130,000; and that two out of three business relationships ended as a result. Of disputes that were escalated but abandoned, “the predominant reason was that costs outweighed potential gains”, and for matters worth less than around $100,000 the report concludes that formal court proceedings are simply “economically unviable for small business” (ASBFEO, 2020). Against that, the NSW Small Business Commission’s mediation service — 350 mediations conducted and 1,960 applications managed in 2025, with a 94 per cent customer experience satisfaction score and many matters resolved before formal mediation was needed — is one of the highest-return public services in the state (NSW Small Business Commission, 2026). It should be bigger, better resourced, and given teeth for straightforward debt matters.

Tax settings that penalise growth

Payroll tax is the state’s largest single tax. Budget Paper No. 1 forecasts $14,945 million in 2026–27, ahead of transfer duty at $12,598 million and land tax at $8,969 million, out of total taxation revenue of $52,149 million; payroll tax is projected to rise to $17,470 million by 2029–30, average growth of 5.3 per cent a year (NSW Treasury, 2026). The benchmark is remuneration above $1.2 million, taxed at 5.45 per cent (NSW Treasury, 2026; Revenue NSW, 2026a).

That threshold has not moved since 1 July 2020, when it was raised from $1 million to $1.2 million (Revenue NSW, 2020). Over the same period the ABS wage price index for New South Wales — total hourly rates of pay excluding bonuses, all sectors, all industries — rose from 133.6 in the June quarter of 2020 to 159.3 in the March quarter of 2026, a rise of 19.2 per cent (ABS, 2026). A business that has employed exactly the same people, on wages that have merely kept pace with that index since mid-2020, is now paying roughly $1.43 million where it once paid $1.2 million. Nothing about it has grown. Its tax position has changed anyway. The Budget itself records payroll tax being revised up by $317.2 million in 2025–26 and $942.9 million over the four years to 2029–30 on the strength of employment and wage growth (NSW Treasury, 2026).

We should be straightforward about the counter-case. Payroll tax is, by the standards of state taxation, a relatively broad and efficient tax, and indexation would cost real revenue that would have to be found elsewhere. It also already carries deliberate carve-outs the state has chosen to fund: exemptions and rebates for apprentices ($103 million in 2026–27) and trainees ($43 million), and a rebate for medical centres meeting bulk-billing thresholds introduced from 4 September 2024 (NSW Treasury, 2026). The question is not whether payroll tax should exist. It is whether the state should keep collecting more of it by not touching the dial, and calling the result stability.

The contractor and employment agent provisions are a separate and sharper problem. Payments under a “relevant contract” are payroll-taxable unless one of seven exemptions applies — including where services are ancillary to the supply of goods, are not ordinarily required by the business, were provided for 180 days or fewer, or 90 days or fewer, were also provided to the general public, were performed by two or more persons, or involve owner-drivers — and only the labour component is taxable (Revenue NSW, 2026b). These began as anti-avoidance rules. Their application to modern contracting arrangements has become uncertain enough that the NSW Legislative Council’s Portfolio Committee No. 1 opened an inquiry into them, with the Acting Small Business Commissioner appearing as a witness in March 2025 (NSW Small Business Commission, 2026). For a business with no in-house tax capability, the risk is not the rate. It is a retrospective assessment for a treatment it believed was correct.

Insurance costs have moved sharply in the same window. icare confirmed an average workers compensation premium rate increase of 8 per cent for 2025–26, in line with a statutory ministerial direction capping the average rate of increase at 8 per cent a year over three consecutive years, across a scheme covering more than 338,000 employers and 3.5 million workers (icare, 2025). Industry classification rates have since been frozen for 2026–27 under the Government’s legislated reforms (icare, 2026). For a business at the point of taking on its first employee, three consecutive 8 per cent increases followed by a freeze is not stability; it is a step change followed by a pause. A freeze buys time. It does not answer the claims costs sitting underneath it, and small employers deserve to be told which of those two things is being offered.

Licensing, mutual recognition, and the standards you have to buy

Entry barriers are the part of this debate where the Democrats part company with both the incumbents who defend them and the deregulators who would sweep them away unexamined. The state’s own Productivity and Equality Commission finds New South Wales occupational entry regulations on average more stringent than Victoria’s and Queensland’s, and nominates three occupations for review on the evidence: hairdressers, where New South Wales scores 1.25 on its index against 0.00 in both Victoria and Queensland; air conditioning and refrigeration mechanics, at 2.58 against 1.00 and 1.42; and project builders, at 2.50 against 2.42 and 1.83 (NSW Productivity and Equality Commission, 2024). New South Wales and South Australia are the only states that require hairdressers to hold an industry qualification, a Certificate III taking 12 to 34 months full-time at a cost of around $13,000 (NSW Productivity and Equality Commission, 2024). A 2016 departmental review found that requirement imposed burden without significant benefit; it was retained anyway after industry opposition (NSW Productivity and Equality Commission, 2024). That sequence — evidence in, lobbying over the top — is the reason we want the test written down in advance.

The method for doing it already exists. IPART’s best-practice licensing framework is on the shelf, and the state’s own Commission recommends regulators adopt it, alongside negative licensing trials for genuinely low-risk occupations and time-limited regulatory experiments where the risk is contested (NSW Productivity and Equality Commission, 2024). So does the mobility reform: New South Wales has exempted general builders, mining surveyors, teachers, air conditioning and refrigeration mechanics and property agents from Automatic Mutual Recognition, and both air conditioning and refrigeration mechanics and project builders were due to enter the scheme in July 2024 before each was granted a further twelve-month exemption (NSW Productivity and Equality Commission, 2024). Every one of those exemptions may be defensible. None of them has had to prove it in public.

The standards problem is smaller in dollars and larger in principle. Where Australian Standards are mandated by law, access is sold under a private licensing model at $100 to over $500 per standard, with frequent updates requiring repurchase; one small electrical engineering business reported needing hundreds of standards for a single infrastructure project, at a cost exceeding the project’s profit margin (NSW Small Business Commission, 2025). Set that against the national prize: the Productivity Commission estimates that aligning mandatory Australian standards with international benchmarks is worth $1.1 billion to $3 billion a year (Productivity Commission, 2025a). The Commonwealth has since moved — the 2026–27 Budget commits to “providing free access to all standards referenced in Australian legislation” (Australian Government, 2026) — which turns the question from whether to do it into whether the standards New South Wales mandates in its own instruments are covered, and how quickly. A state that mandates a document should not also be the reason a five-person firm cannot afford to read it.

Government as a customer, and the front door

The single largest thing the New South Wales Government does for small business is buy from it — and pay on time. The Faster Payment Terms Policy has the design right and the incentive wrong (buy.nsw, 2025). The procurement settings have the opposite problem: New South Wales requires at least 10 per cent of the non-price evaluation weighting on contracts of $3 million or more to be allocated to SME participation, but defines an SME as an enterprise with fewer than 200 full-time equivalent employees (buy.nsw, 2021) — a category that includes firms a hundred times the size of the 893,421 New South Wales businesses with fewer than twenty employees (ABS, 2025b). A policy that treats a 190-person engineering firm and a two-person trade business as the same beneficiary will reliably deliver for the first. Difficulty accessing government procurement was, unsurprisingly, one of the barriers small businesses named in the Commission’s statewide red tape work (NSW Small Business Commission, 2026).

The demand-side evidence says the service model works when it exists. The Service NSW Business Bureau responded to more than 265,000 requests for assistance in its first year and delivered around 45,000 hours of free tailored business advice (Service NSW, 2024); the Small Business Commission ran 350 mediations and managed 1,960 mediation applications in 2025 at a 94 per cent customer experience satisfaction score (NSW Small Business Commission, 2026), against an average formal legal pathway cost of over $130,000 (ASBFEO, 2020). And where insolvency does arrive, it arrives hardest in the subcontracting chains that retention money rules are supposed to protect: 1,128 New South Wales companies entered external administration in construction in 2024–25 (ASIC, 2025), while the retention money trust obligation reaches only head contractors on projects valued over $20 million (NSW Government, 2026). Business-related insolvencies across New South Wales numbered 5,517 in 2025 (NSW Small Business Commission, 2026).

Finally, the cheapest reform on this list costs the state nothing at all. Around one in five Australian workers is subject to a non-compete clause; similar businesses without such clauses pay workers 4 per cent more on average; and Treasury’s microdata analysis found no systematic evidence that workers are compensated for the mobility restriction (Treasury, 2025). The Commonwealth has announced a ban for low- and middle-income workers, along with wage-fixing and no-poach agreements, to take effect from 2027 following consultation and legislation (Treasury, 2025). A new entrant cannot outbid an incumbent for staff. It can offer a better job. Competition policy that lets the worker accept it is small business policy.

Closing

Conclusion

Read together, the evidence does not describe a sector in need of rescue. It describes an economy quietly losing the thing that makes it dynamic: the willingness of ordinary people to take somebody on. New South Wales gained more businesses last year than any other state and still watched the employing population shrink nationally by 32,428 (ABS, 2025a). Red tape hit a record high as a reported concern (NSW Small Business Commission, 2026). A third of small business invoices are paid late, and the slowest are getting slower (Payment Times Reporting Regulator, 2025; Payment Times Reporting Regulator, 2026). A tax threshold that has not moved in six years is doing quiet work no minister has had to defend (Revenue NSW, 2020; ABS, 2026). None of this is dramatic. All of it compounds.

The Australian Democrats’ answer is not a grants program. It is a discipline: measure what the rules cost, publish it, pay your bills, index the thresholds you set, justify the barriers you keep, and open the door to the person who wants a go. Where the evidence cuts against us we have said so — a hard deregulation target can be gamed, indexation has to be paid for, lowering the retention trust threshold imposes real cost on mid-sized builders, and standards do not write themselves for free. We would rather argue for reform with the caveats attached than sell a slogan.

This is liberal policy in the oldest sense: not a promise to look after small business, but a commitment to stop making its life needlessly hard, and to be accountable when we do. Freedom to trade, rules you can read, bills paid on time, and room to grow.

The record

References

Statistical sources

Australian Bureau of Statistics (ABS). (2025a). Counts of Australian Businesses, including Entries and Exits, July 2021 – June 2025. Canberra: ABS. Available at: Counts of Australian Businesses, July 2021 – June 2025

Australian Bureau of Statistics (ABS). (2025b). Counts of Australian Businesses, including Entries and Exits, July 2021 – June 2025: data cube 2, businesses by main state by industry class by employment size ranges. Canberra: ABS. Available at: Counts of Australian Businesses — data cube 2, employment size ranges

Australian Bureau of Statistics (ABS). (2026). Wage Price Index, Australia, March quarter 2026: table 2b, total hourly rates of pay excluding bonuses, all sectors by state, original index numbers. Canberra: ABS. Available at: Wage Price Index, Australia, March 2026

Australian Securities and Investments Commission (ASIC). (2025). Insolvency statistics: series 3, companies entering external administration and controller appointments, by industry and state, 2024–25. Sydney: ASIC. Available at: ASIC insolvency statistics

Commonwealth policy and regulatory sources

Australian Government. (2026). Budget 2026–27: Productivity. Canberra: Commonwealth of Australia. Available at: Budget 2026–27 — Productivity

Australian Small Business and Family Enterprise Ombudsman (ASBFEO). (2020). Access to Justice Report. Canberra: ASBFEO, November 2020. Available at: Access to Justice Report (PDF)

Australian Small Business and Family Enterprise Ombudsman (ASBFEO). (2025a). Number of small businesses in Australia — small business counts and turnover data, Small Business Data Portal. Canberra: ASBFEO. Available at: Number of small businesses in Australia

Australian Small Business and Family Enterprise Ombudsman (ASBFEO). (2025b). Contribution to Australian Employment — small business employment, the transition from non-employing to employing, and employment by business size. Canberra: ASBFEO, November 2025. Available at: Contribution to Australian Employment (PDF)

Australian Taxation Office (ATO). (2026). eInvoicing for government: businesses and government organisations on the Peppol network. Canberra: ATO. Available at: eInvoicing for government

Payment Times Reporting Regulator. (2025). Regulator’s update – July 2025. Canberra: Payment Times Reporting Regulator. Available at: Regulator’s update – July 2025 (PDF)

Payment Times Reporting Regulator. (2026). Regulator’s update – January 2026 (reporting period 1 January to 30 June 2025). Canberra: Payment Times Reporting Regulator. Available at: Regulator’s update – January 2026

Productivity Commission. (2025a). National Competition Policy analysis 2025: study report. Canberra: Productivity Commission. Available at: National Competition Policy analysis 2025: study report

Productivity Commission. (2025b). Creating a more dynamic and resilient economy: inquiry report. Canberra: Productivity Commission, December 2025. Available at: Creating a more dynamic and resilient economy: inquiry report

The Treasury. (2025). Reform to non-compete clauses and other restraints on workers. Canberra: Commonwealth of Australia. Available at: Reform to non-compete clauses and other restraints on workers

New South Wales sources

Audit Office of New South Wales. (2024). Regulation insights. Special report, 21 March 2024. Sydney: Audit Office of New South Wales. Available at: Regulation insights

buy.nsw. (2021). Small and Medium Enterprise and Regional Procurement Policy. Sydney: NSW Government. Available at: Small and Medium Enterprise and Regional Procurement Policy

buy.nsw. (2025). Faster Payment Terms Policy. Sydney: NSW Government. Available at: Faster Payment Terms Policy

icare. (2025). icare confirms 8% average workers compensation premium rate increase in 2025/26. Sydney: Insurance and Care NSW. Available at: icare confirms 8% average premium rate increase in 2025/26

icare. (2026). icare confirms 2026-27 workers compensation premium settings. Sydney: Insurance and Care NSW. Available at: icare confirms 2026-27 workers compensation premium settings

NSW Government. (2026). Retention money held by head contractors — retention money trust requirements under the Building and Construction Industry Security of Payment Act 1999. Sydney: NSW Government. Available at: Retention money held by head contractors

NSW Productivity and Equality Commission. (2024). Better occupational entry regulations: policy implications of new research. Sydney: NSW Government, September 2024. Available at: Better occupational entry regulations (PDF)

NSW Productivity Commission. (2021). Productivity Commission White Paper 2021 — Rebooting the economy. Sydney: NSW Government. Available at: NSW Productivity Commission White Paper 2021

NSW Small Business Commission. (2025). Submission to the Productivity Commission — National Competition Policy Analysis 2025 (submission 18). Sydney: NSW Small Business Commission, July 2025. Available at: Submission 18 — NSW Small Business Commission (PDF)

NSW Small Business Commission. (2026). Annual Report 2025. Sydney: NSW Small Business Commission. Available at: NSW Small Business Commission Annual Report 2025 (PDF)

NSW Treasury. (2026). Budget Paper No. 1: Budget Statement, 2026–27. Sydney: NSW Government. Available at: Budget Paper No. 1 — Budget Statement 2026–27 (PDF)

Revenue NSW. (2020). 2020 State Budget: payroll tax threshold increased from $1 million to $1.2 million from 1 July 2020. Sydney: Revenue NSW. Available at: 2020 State Budget

Revenue NSW. (2026a). Payroll tax: thresholds and rates. Sydney: Revenue NSW. Available at: Payroll tax — thresholds and rates

Revenue NSW. (2026b). Payroll tax: contractors and relevant contract provisions. Sydney: Revenue NSW. Available at: Payroll tax — contractors

Service NSW. (2024). Business Bureau delivers for business in its first year. Sydney: Service NSW. Available at: Business Bureau delivers for business in its first year

Clear rules, bills paid on time, and room to grow.

This platform was researched, argued and written by members — every figure sourced, every trade-off named. Join us, and help make the next hire possible.