Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 32

32 .         Appointment of adjudicator

        (1)         If an adjudication application is made to an adjudicator, the adjudicator is taken to be appointed to determine the application when written notice of the acceptance of the appointment is given by the adjudicator to the claimant and the respondent.

        (2)         If an adjudication application is made to an authorised nominating authority —

            (a)         the authority must appoint an adjudicator; and

            (b)         the adjudicator is taken to be appointed to determine the application when written notice of the appointment is given by the authority to the claimant and the respondent.

        (3)         An adjudicator must, within 5 business days after an adjudication application is made, be appointed in accordance with this section to determine the application.

        (4)         An adjudicator who gives written notice of acceptance of the appointment, or an authorised nominating authority who gives written notice of the appointment of an adjudicator, must give a copy of the notice to the Building Commissioner.

        (5)         An adjudicator may, at any time before determining an adjudication application, withdraw from the adjudication by giving written notice of the withdrawal and the reasons for the withdrawal to the claimant and the respondent.

        (6)         An adjudicator who gives written notice of withdrawal from the adjudication must give a copy of the notice to the Building Commissioner and, if appointed by an authorised nominating authority, to the authority.

        (7)         An adjudication application is taken to be withdrawn if —

            (a)         an adjudicator has not, within 5 business days after the adjudication application is made, been appointed in accordance with this section to determine the adjudication application; or

            (b)         the adjudicator withdraws from the adjudication under subsection (5).

        (8)         If an adjudication application is taken to be withdrawn under subsection (7), the claimant may make another adjudication application within 5 business days after the withdrawal despite the expiry of the time otherwise allowed for making adjudication applications.