Victorian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 28I

    (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).

S. 28J inserted by No. 42/2006 s. 28.