Northern Territory Consolidated Acts

CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 34

(1) For making a determination, an appointed adjudicator -

(a) must act informally and if possible make the determination on the basis of -

(i) the application and its attachments; and

(ii) if a response has been prepared and served in accordance with section 29, the response and its attachments; and

(b) is not bound by the rules of evidence and may inform himself or herself in any way the adjudicator considers appropriate.

(2) In order to obtain sufficient information to make a determination, an appointed adjudicator may -

(a) request a party to make a, or a further, written submission or to provide information or documents, and may set a deadline for doing so;

(b) request the parties to attend a conference with the adjudicator; or

(c) unless all the parties object -

(i) inspect any work or thing to which the payment dispute relates, provided the occupier of any place concerned consents to the entry and inspection;

(ii) arrange for anything to which the payment dispute relates to be tested, provided the owner of the thing consents to the testing; or

(iii) engage an expert to investigate and report on any matter relevant to the payment dispute.

(3) An appointed adjudicator may -

(a) with the Registrar's consent, extend the time for making a determination under section 33(1);

(b) with the consent of the parties, adjudicate simultaneously 2 or more payment disputes between the parties; or

(c) with the consent of all the parties concerned, adjudicate the payment dispute simultaneously with another payment dispute.

(4) If an appointed adjudicator adjudicates simultaneously 2 or more payment disputes, the adjudicator may, in adjudicating one, take into account information or documents the adjudicator receives in relation to the other and vice versa.

(5) An adjudicator's power to make a determination is not affected by the failure of either or both of the parties to make a submission or provide information or documents within time or to comply with the adjudicator's request to attend a conference with the adjudicator.

(6) To the extent that the practice and procedure in relation to adjudications is not regulated by this Part or the Regulations, an appointed adjudicator may determine the adjudicator's own procedure.