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reg 20

Grading of adjudicators (s. 101(4))

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20 Grading of adjudicators (s. 101(4))

(1)

An individual may be registered as —

(a)

a Grade 1 adjudicator; or

(b)

a Grade 2 adjudicator.

(2)

An individual is not eligible to be registered as a Grade 2 adjudicator unless —

(a)

the individual has (as an adjudicator under the Act) determined at least 10 adjudication applications, at least 5 of which were related to payment claims for more than $50 000; or

(b)

the individual has (as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 or under a corresponding security of payment law) determined at least 10 adjudication applications, at least 5 of which were related to payment claims or payment disputes for more than $50 000; or

(c)

the Building Commissioner is satisfied that the individual has equivalent experience in dealing with payment disputes in the building and construction industry.

(3)

An individual must be registered as a Grade 1 or Grade 2 adjudicator when the Building Commissioner registers the individual as an adjudicator and when the Building Commissioner renews the individual’s registration.

(4)

A Grade 1 adjudicator may apply to the Building Commissioner for a review of their grade of registration after the adjudicator has been registered for at least 12 months.

(5)

An application for review may be made —

(a)

before the renewal of registration in the approved form (if any); or

(b)

in an application for the renewal of registration.

(6)

If the Building Commissioner is satisfied that the applicant is eligible to be registered as a Grade 2 adjudicator, the applicant becomes a Grade 2 adjudicator —

(a)

if the application was made before the renewal of registration — on the giving of a written notice to the applicant by the Building Commissioner of registration as a Grade 2 adjudicator; or

(b)

if the application was made in an application for the renewal of registration — on the renewal of registration as a Grade 2 adjudicator.

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