Western Australian Current Acts Western Australian Current Acts (1) An appointed
adjudicator who has a material personal interest in the payment dispute
concerned or in the construction contract under which the dispute has arisen
or in any party to the contract is disqualified from adjudicating the dispute.
(2) If an appointed
adjudicator is disqualified —
(a) the
adjudicator must notify the parties in writing of the disqualification and the
reasons for it; and
(b)
unless, within 5 business days after the date of the adjudicator’s
notice, all of the parties in writing authorise the adjudicator to continue as
the appointed adjudicator, the adjudicator’s appointment ceases; and
(c) the
applicant may again apply for adjudication in accordance with section 26(1);
and
(d) the
period commencing on the date when the adjudicator was served with the
application for adjudication and ending on and including the date when the
adjudicator notifies the parties under paragraph (a) does not count for the
purposes of section 26(1).
(3) A party to a
payment dispute may apply to the State Administrative Tribunal for a
declaration that an appointed adjudicator is disqualified under subsection
(1).
(4) The application
must be made before the person is notified of a decision or determination made
under section 31(2).
[Section 29 amended: No. 55 of 2016 s. 11.]