Authorised Nominating Authorities and Adjudicators
Authorised Nominating Authorities (ANAs) are central to the administration of adjudication services under the Act.
They are authorised to undertake the following functions, which are set out at section 43A of the Act:
- Receive adjudication applications from claimants
- Receive adjudication review applications from claimants or respondents
- Provide assistance to parties regarding the adjudication process
- Nominate an adjudicator to decide an adjudication application
- Serve copies of the adjudication decision or review determination
- Issue adjudication certificates to claimants upon request.
They may charge fees for the services they provide. For information about adjudication, see Fact Sheet 13 Fees and costs (for contracts entered on or after 30 March 2007) or Fact Sheet 21 Fees and costs (for contracts entered before 30 March 2007).
Before authorising an ANA, the Building Commission must have regard to guidelines issued by the Minister under section 44 of the Act.
ANAs are required, as a condition of authorisation, to ensure that the adjudicators they nominate meet minimum core competencies and comply with professional standards of conduct.
Adjudicators
For payment disputes regarding contracts entered on or after 30 March 2007, adjudicators are not appointed directly by the parties to the dispute. The adjudication application must be lodged with an ANA, which then nominates the adjudicator. The nominated adjudicator notifies the parties to the payment dispute that he or she has accepted the adjudication application.
For payment disputes regarding contracts entered before 30 March 2007, adjudicators may be selected by agreement between the parties, or by an ANA.
Adjudication
For information about adjudication, see Fact Sheet 5 Applying for adjudication (for contracts entered on or after 30 March 2007) or Fact Sheet 15 Applying for adjudication (for contracts entered before 30 March 2007).
