Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 47

47 .         Time allowed for review adjudicator to determine adjudication review application

        (1)         The review adjudicator must not determine the adjudication review application until after the adjudication review response is given or, if not given, until after the last date on which the response could have been given.

        (2)         The review adjudicator must determine an adjudication review application within 10 business days after —

            (a)         if an adjudication review response is given within the time allowed under this Division — the date on which the adjudication review response is given; or

            (b)         if an adjudication review response is not given within the time allowed under this Division — the last date on which the response could have been given.

        (3)         However, the claimant and the respondent may agree to extend the time by which the review adjudicator must determine the adjudication review application under this section, but only if the total period of all extensions under this section does not exceed 10 business days.

        (4)         A review adjudicator’s determination is not invalid merely because it is made after the time allowed by this section for determining the adjudication review application.

        (5)         If the review adjudicator fails to determine an adjudication review application within the time allowed by this section (or, if that time is extended under section 51(2), within that time as extended) —

            (a)         the claimant or respondent who made the application may withdraw the application by giving written notice of the withdrawal to the review adjudicator and the other party to the adjudication review; and

            (b)         the claimant or respondent may make another adjudication review application within 5 business days after the withdrawal despite the expiry of the time otherwise allowed for making adjudication review applications.

        Notes for this section:

        1.         Under Division 4 the review adjudicator may, when determining the proportion of adjudication fees and expenses payable by each party, have regard to any unreasonable withholding of consent by a party to extending the time for determining an adjudication review application.

        2.         Under Division 4 the review adjudicator is not entitled to adjudication fees and expenses if the review adjudicator fails to determine an adjudication review application within the time allowed by this Part.