Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 85

85 Time for deciding adjudication application

(1) Subject to section 86 , an adjudicator must decide an adjudication application no later than—

(a) for a standard payment claim—10 business days after the response date; or

(b) for a complex payment claim—15 business days after the response date.

(2) The
"response date" is—

(a) if the adjudicator is given an adjudication response under section 83 —the day on which the adjudicator receives the response; or

(b) if the respondent is prevented from giving the adjudicator an adjudication response under section 82 (2) —the last day on which the respondent could have given the adjudicator an adjudication response under section 83 had it not been prevented from doing so under section 82 (2) ; or

(c) otherwise—the last day on which the respondent could give the adjudicator an adjudication response under section 83 .

(3) An adjudicator must not decide an adjudication application before the end of the period that the respondent may give an adjudication response to the adjudicator under section 83 , unless—

(a) the adjudicator decides he or she does not have jurisdiction to adjudicate the application; or

(b) the adjudicator decides the application is frivolous or vexatious.