Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 94

94 Claimant may make new application in certain circumstances

(1) Subsection (2) applies if an adjudicator, who accepts a referral to decide an adjudication application (the
"original application" ), does not decide the application within the period required under section 85 .

(2) The claimant may do either of the following within 5 business days after the period mentioned in subsection (1) —

(a) request the registrar refer the original application to another adjudicator; or

(b) make a new adjudication application (the
"new application" ) under section 79 .

(3) If the claimant requests the registrar refer the original application to another adjudicator—

(a) the registrar must refer the application to another adjudicator within 4 business days after the request is made; and

(b) no fee is payable for referring the original application to another adjudicator.

(4) Also, if another adjudicator accepts the referral, this division applies for the original application with the following changes—

(a) the claimant must give the adjudicator a copy of his or her submissions included in the original application within 5 business days after the adjudicator accepts the referral;

(b) the respondent must give the adjudicator a copy of his or her submissions included in an adjudication response, if any, for the original application within 5 business days after the adjudicator accepts the referral;

(c) the response date for the application under section 85 (2) is the day—

(i) the adjudicator receives the copy of the submission from the respondent; or

(ii) if the respondent does not give the adjudicator the copy of the submission within the period mentioned in paragraph (b) —immediately after the end of the period;

(d) in deciding the adjudication application, the adjudicator must not consider any submissions other than—

(i) the submissions mentioned in paragraph (a) or (b) ; or

(ii) further written submissions asked for by the adjudicator under section 84 (2) (b) .

(5) This division applies to the new application in the same way it applies to any other adjudication application made under section 79 .

(6) However, the claimant may, despite section 79 (2) (b) , make the new application within 5 business days after the claimant becomes entitled to act under subsection (2) .