Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 215G

215G Adjudication application must be re-decided if adjudicator decided before commencement that adjudicator did not have jurisdiction

(1) This section applies if, before the commencement—

(a) a claimant made an adjudication application; and

(b) the claimant did not give a copy of the adjudication application to the respondent as required under former section 79 (3) ; and

(c) the claimant gave the respondent a registry summary of the adjudication application; and

(d) an adjudicator (the
"original adjudicator" ) was appointed under section 81 ; and

(e) the original adjudicator decided under section 84 (2) (a) (i) that the original adjudicator did not have jurisdiction to adjudicate the application only because the claimant did not give a copy of the adjudication application to the respondent as required under former section 79 (3) .

(2) The decision of the original adjudicator is void and of no effect.

(3) On the commencement, the registrar is taken to refer the adjudication application to the original adjudicator for a decision.

(4) The original adjudicator must accept or reject the referral, unless the original adjudicator has a reasonable excuse, within 14 business days after the commencement by notifying the registrar of the acceptance or rejection.

(5) If the original adjudicator rejects the referral or does not accept it within the period required under subsection (4) —

(a) the registrar must refer the adjudication application to another adjudicator (the
"new adjudicator" ) within 4 business days after becoming aware of the rejection or failure; and

(b) no fee is payable for referring the adjudication application to the new adjudicator.

(6) The new adjudicator must accept or reject the referral, unless the new adjudicator has a reasonable excuse, within 4 business days after the referral under subsection (5) (a).

(7) If the original adjudicator or the new adjudicator accepts the referral—

(a) the adjudicator is taken to be appointed to decide the adjudication application; and

(b) the failure of the claimant to comply with former section 79 (3) is taken not to deprive the adjudicator of jurisdiction to decide the adjudication application; and

(c) within 4 business days after the appointment, the adjudicator must give the claimant and the respondent a notice stating that—

(i) the decision of the original adjudicator mentioned in subsection (1) (e) is void under subsection (2) ; and

(ii) the respondent may give the adjudicator a response to the adjudication application within 15 business days after receiving the notice; and

(iii) the adjudicator will decide the adjudication application within 15 business days after the end of the period within which the respondent may give a response under subparagraph (ii) ; and

(d) the adjudicator must decide the adjudication application under section 88 within 15 business days after the end of the period within which the respondent may give a response under subparagraph (ii) .

(8) For the making of a decision on the adjudication application by the original adjudicator or the new adjudicator under this section—

(a) the adjudicator may ask for further written submissions from either party and must give the other party an opportunity to comment on the submissions; and

(b) the time for deciding the adjudication application may be extended under section 86 ; and

(c) sections 89 to 97 apply in relation to the adjudication.

(9) For subsection (8) (b) , section 86 applies as if a reference to section 85 (1) were a reference to subsection (7) (d) .

(10) To remove any doubt, it is declared that subsection (8) does not limit the application of this Act to the decision on the adjudication application by the original adjudicator or the new adjudicator under this section.