BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 17
Adjudication applications
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 17
Adjudication applications
(1) A claimant may apply for adjudication of a payment claim (an
"adjudication application" ) if-- (a) the respondent provides a
payment schedule under Division 1 but-- (i) the scheduled amount indicated in
the payment schedule is less than the claimed amount indicated in the
payment claim , or (ii) the respondent fails to pay the whole or any part of
the scheduled amount to the claimant by the due date for payment of the
amount, or (b) the respondent fails to provide a payment schedule to the
claimant under Division 1 and fails to pay the whole or any part of the
claimed amount by the due date for payment of the amount. (2) An
adjudication application to which subsection (1)(b) applies cannot be made
unless-- (a) the claimant has served written notice on the respondent , within
the period of 20 business days immediately following the due date for payment,
of the claimant 's intention to apply for adjudication of the payment claim ,
and (b) the respondent has been given an opportunity to provide a
payment schedule to the claimant within 5 business days after receiving the
claimant 's notice. (3) An adjudication application -- (a) must be in writing,
and (b) must be made to an authorised nominating authority chosen by the
claimant , and (c) in the case of an application under subsection
(1)(a)(i)--must be made within 10 business days after the claimant receives
the payment schedule , and (d) in the case of an application under subsection
(1)(a)(ii)--must be made within 20 business days after the due date for
payment, and (e) in the case of an application under subsection (1)(b)--must
be made within 10 business days after the end of the 5-day period referred to
in subsection (2)(b), and (f) must identify the payment claim and the
payment schedule (if any) to which it relates, and (g) must be accompanied by
such application fee (if any) as may be determined by the
authorised nominating authority , and (h) may contain such submissions
relevant to the application as the claimant chooses to include. (4) The
amount of any such application fee must not exceed the amount (if any)
determined by the Minister. (5) A copy of an adjudication application must be
served on the respondent concerned. (6) It is the duty of the
authorised nominating authority to which an adjudication application is made
to refer the application to an adjudicator (being a person who is eligible to
be an adjudicator as referred to in section 18) as soon as practicable.
http://www.austlii.edu.au/au/legis/nsw/consol_act/bacisopa1999606/s17.html