Tasmanian Numbered Acts

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RESIDENTIAL BUILDING WORK CONTRACTS AND DISPUTE RESOLUTION ACT 2016 (NO. 32 OF 2016) - SECT 64

Director to determine whether to accept or reject application
(1)  The Director, as soon as practicable after 10 days after a copy of an adjudication application is served on the respondent under section 62(5) , must decide whether to –
(a) accept the application; or
(b) reject the application.
(2)  For the purposes of assessing whether to accept or reject an adjudication application under subsection (1) , the Director may take the action that he or she thinks fit, including consulting with the applicant and the respondent.
(3)  The Director must reject under subsection (1) an adjudication application made by an applicant if the Director is satisfied that –
(a) the applicant has not served a work-completion claim under section 59(1) on the building contractor to whom the adjudication application relates; or
(b) the period specified, in accordance with section 60(e) , in the work-completion claim to which the adjudication application relates has not expired; or
(c) the adjudication application is frivolous, vexatious or apparently without substance; or
(d) there is an alternative adjudication process on foot in relation to the residential building work specified, in accordance with section 62(4)(d) , in the adjudication application under this Act; or
(e) proceedings, in relation to all or part of the residential building work specified, in accordance with section 62(4)(d) , in the adjudication application, have been commenced in a court; or
(f) a notice of dispute has been lodged under section 47(1) in relation to the residential building work specified, in accordance with section 62(4)(d) , in the adjudication application and the notice has not been withdrawn, the matter to which the notice relates has not been settled or the mediation panel in relation to the dispute has not ceased to exist; or
(g) the adjudication application does not contain the matters that it is required to contain under section 62(4) ; or
(h) the period specified, in accordance with section 60(e) , was not a reasonable period within which the residential building work was to be satisfactorily completed.
(4)  For the purposes of subsection (3)(d) , there is an alternative adjudication process on foot in relation to residential building work specified, in accordance with section 62(4)(d) , in an adjudication application under this Act if –
(a) an adjudication application ( the other application ) under the Building and Construction Industry Security of Payment Act 2009 has been made in relation to the residential building work; and
(b) either –
(i) the other application has not been determined or withdrawn under that Act; or
(ii) the Director is of the opinion that the person who made the other application has not, within a reasonable time, taken steps to resolve the matter to which that application relates.
(5)  The Director may reject under subsection (1) an adjudication application made by an applicant if the Director is of the opinion –
(a) that no reasonable attempt has been made by the applicant to resolve with the respondent the matter to which the application relates; or
(b) that it is appropriate for the matter to which the adjudication application relates to be dealt with by mediation under Part 9 or in proceedings before a court or under another Act.
(6)  The Director may not reject under subsection (1) an adjudication application unless permitted or required to do so under subsection (3) or (5) .
(7)  The Director must, by notice in writing, notify the applicant, and the respondent, of the Director's decision under subsection (1) to accept or reject an adjudication application.



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