Building and Construction Industry (Security of Payment) Regulations 2022

In this regulation —

the Supreme Court or District Court; or

an equivalent court of another State or a Territory; or

the Federal Court of Australia or High Court of Australia.

The experience required for registration as an adjudicator is —

at least 5 years’ experience in the management and administration of construction contracts or in the resolution of disputes in connection with construction contracts; or

experience as a judicial officer; or

experience as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 or under a corresponding security of payment law.

The experience required for registration as a review adjudicator is —

both of the following —

at least 10 years’ experience in the management and administration of construction contracts or in the resolution of disputes in connection with construction contracts;

experience (as an adjudicator under the Act, under the Construction Contracts (Former Provisions) Act 2004 or under a corresponding security of payment law) in the determination of at least 10 adjudication applications, at least 5 of which were related to payment claims or payment disputes for more than $100 000;

experience as a judicial officer.

In this regulation, a reference to a specified number of years of experience in an activity is a reference to the total number of years of experience calculated on engagement in that activity on a full‑time basis.

For the purposes of this regulation, experience in relation to construction contracts includes experience in relation to —

construction contracts (as defined in the Construction Contracts (Former Provisions) Act 2004 section 3) that were entered into before this regulation came into operation; and

construction contracts to which a corresponding security of payment law applies.