Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 24

Correcting mistakes in determinations

24. Correcting mistakes in determinations



(1) An adjudicator may correct a determination made by him or her if the
determination contains-

   (a)  a clerical mistake; or

   (b)  an error arising from an accidental slip or omission; or

   (c)  a material miscalculation of figures or a material mistake in the
        description of any person, thing or matter referred to in the
        determination; or

   (d)  a defect of form.

(2) The correction may be made-

   (a)  on the adjudicator's own initiative; or

   (b)  on the application of the claimant or the respondent.

(3) If a correction is made to a determination under this section, the
authorised nominating authority to whom the adjudication application was made
must give a copy of the corrected determination to the claimant and the
respondent and the Building Commission as soon as practicable after the
correction is made.

(4) An adjudicator cannot make a correction of a determination under this
section if an application has been made under Division 2A for a review of the
determination.



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