Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 28I

Adjudication review determination

28I. Adjudication review determination



(1) A review adjudicator is not to determine an adjudication application until
after the end of the period within which any party to the adjudication review
may make a submission in accordance with section 28E.

(2) In determining an adjudication review application, the review adjudicator
must consider the following matters and those matters only-

   (a)  the provisions of this Act and any regulations made under this Act;
        and

   (b)  the provisions of the construction contract from which the application
        arose; and

   (c)  the information provided by the authorised nominating authority under
        section 28H.

(3) In determining an adjudication review application, the review adjudicator
must not take into account-





   (a)  any excluded amount; or

   (b)  any other matter that is prohibited by this Act from being taken into
        account.

(4) A review adjudicator's determination is void-

   (a)  to the extent that it has been made in contravention of subsection
        (2); or

   (b)  if it takes into account any amount or matter referred to in
        subsection (3), to the extent that the determination is based on that
        amount or matter.

(5) After conducting an adjudication review, a review adjudicator may-

   (a)  substitute a new adjudication determination (the review determination)
        for the determination that is the subject of the adjudication review;
        or

   (b)  confirm the determination that is the subject of the adjudication
        review.

(6) In determining an adjudication review, the review adjudicator must-

   (a)  specify if the review determination varies the adjudication
        determination and how it varies the adjudication determination; and

   (b)  specify any amounts paid to the claimant by the respondent in respect
        of the adjudication determination; and

   (c)  determine any further amount that is to be paid by the respondent to
        the claimant; and

   (d)  determine any amount that is to be repaid by the claimant to the
        respondent; and





   (e)  determine any interest payable in accordance with section 12(2) on an
        amount referred to in paragraph (c); and

   (f)  specify the date on which an amount under paragraph (c), (d) or (e)
        becomes payable.

(7) A review determination must be in writing and set out the reasons for the
review determination in that determination.

(8) A review adjudicator who makes a review determination may, if he or she
thinks it appropriate, include a statement in the review determination that in
his or her opinion the application for the adjudication review was not made in
good faith.

(9) The date for payment referred to in subsection (6)(f) must be 5 business
days after the respondent or claimant (as the case requires) is given a copy
of the review determination.

(10) The review adjudicator must complete the adjudication review and provide
a copy of the review determination to the authorised nominating authority that
appointed him or her-

   (a)  within 5 business days after his or her appointment; or

   (b)  within any further time, not exceeding 10 business days after that
        appointment, to which the applicant for the adjudication review
        agrees.

(11) An applicant must not unreasonably withhold their agreement under
subsection (10)(b).