The ACT Building and Construction Industry (Security of Payment) Act 2009 establishes a rapid adjudication process so that people who carry out construction work, or supply goods and services, can receive timely payment.
Under this process, if a person makes a payment claim and it is not paid in accordance with the process in the Act, they may apply to an authorised nominating authority (ANA) for an adjudication. The ANA appoints an adjudicator to hear disputes about account payments instead of the matter having to be heard in court.
Authorised nominating authorities can:
- receive adjudication applications
- nominate adjudicators
- issue adjudication certificates.
If an adjudication goes ahead, an independent adjudicator with relevant expertise will provide an adjudication within 10 days, or a longer time if both the applicant and respondent agree. If the adjudicator's decision is, in whole or part, in favour of the applicant, the respondent has to pay the applicant an amount determined by the adjudicator. These decisions are enforceable as a judgement debt through the courts.
The adjudication process does not extinguish a party's ordinary contractual rights to seek a final resolution of a payment dispute by a court or tribunal.
The adjudication process does not apply to construction contracts that form part of a loan agreement or for residential building work if a resident owner is a party to the contract, except where the work is done under an owner–builder licence. 'Pay when paid' provisions in a contract have no effect and do not prevent a person's rights to seek a payment.
Authorised nominating authorities
Contact an authorised nominating authority for assistance:
- Building and Construction Industry (Security of Payment Act 2009 (ACT) - Government information kit (DOC 414 KB) or (PDF 305 KB)
- Information note - Authorised Nominating Authority - Applications (DOC 35 KB) or (PDF 24 KB)
- Authorised Nominating Authority Code of Practice (DOC 65 KB) or (PDF 44 KB)
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