Western Australian Current Acts Western Australian Current Acts (1) An adjudicator
must, subject to complying with the requirements of this Division, determine
an adjudication application fairly and as quickly, informally and
inexpensively as possible.
(2) An adjudicator
cannot delegate the determination of an adjudication application to another
person or body.
(3) For the purposes
of determining an adjudication application, the adjudicator may do any of the
following —
(a)
request further submissions from either party and give the other party an
opportunity to make submissions commenting on any further submissions made;
(b) set
deadlines for any further submissions;
(c) call
a conference of the parties;
(d)
carry out an inspection, or arrange for a test, of any matter or thing to
which the payment claim relates;
(e)
engage an expert to investigate and report on any matter to which the payment
claim relates;
(f)
engage an authorised nominating authority to assist the adjudicator with
administrative duties.
(4) A conference of
the parties that is called by the adjudicator must be conducted informally.
(5) The adjudicator
cannot carry out an inspection, arrange for a test or engage an expert if all
the parties object.
(6) This section does
not authorise the carrying out of an inspection or testing in any premises, or
the inspection or testing of any thing, without the consent of the occupier of
the premises or the owner of the thing.
(7) An
adjudicator’s determination of an adjudication application is not
affected by the failure of a party to make a submission within the time
allowed or to comply with the adjudicator’s call for a conference.
(8) An adjudicator is
not bound by the rules of evidence.
(9) Adjudicators may,
to the extent that their procedure is not otherwise regulated under this Act,
determine their own procedure.