Northern Territory Consolidated Acts Northern Territory Consolidated Acts31. Disqualification of adjudicator on grounds of conflict of interest
(1) An appointed adjudicator is disqualified from adjudicating the dispute if the adjudicator has a material personal interest in -
(a) the payment dispute concerned;
(b) the construction contract under which the dispute has arisen; or
(c) any party to the contract.
(2) If an appointed adjudicator is disqualified, the adjudicator must give written notice to the parties and Registrar of the disqualification and the reasons for it.
(3) A party to a payment dispute may apply to the Registrar for, and the Registrar may make, a declaration that the appointed adjudicator is disqualified under subsection (1) from adjudicating the dispute.
(4) The application must be made before the person is notified of a decision or determination made under section 33(1).
(5) If the Registrar makes the declaration sought, the Registrar must give written notice to the adjudicator and the parties of the declaration.
(6) If a notice (a disqualification notice ) is given by or to an appointed adjudicator under subsection (2) or (5), the adjudicator's appointment ends 5 working days after the date of the disqualification notice unless, before the end of that period, each party gives the adjudicator written authority to continue as the appointed adjudicator.
(6A) If the appointment of an appointed adjudicator ends under subsection (6):
(a) the applicant may make a further application for adjudication under section 28; and
(b) in calculating the period within which the application may be made, the period from the date on which the previous application was served under section 28(1)(c) to the date on which the appointment ends is not counted.
(6B) However if, as calculated under subsection (6A)(b), the applicant does not have at least 14 days to make the further application, the further application may be made within 14 days after the date on which the appointment ends.
(7) If the Registrar refuses to make the declaration sought, the Registrar must give written notice to the adjudicator and the parties of the refusal.
(8) The notice under subsection (5) or (7) must state -
(a) the reasons for the decision; and
(b) a person given the notice may apply for a review of the decision to the Local Court within 28 days after receipt of the notice.