Information for adjudicators

Changes for adjudicators from 17 December 2018

From 17 December 2018 there are new requirements for adjudicators.

Maximum fees

For a progress payment of not more than $25,000 the Building Industry Fairness (Security of Payment) Regulation 2018 sets out the prescribed fees and expenses an adjudicator is entitled to be paid for adjudicating an adjudication application.

The maximum amounts prescribed are:

Payment Claim Maximum Adjudicator Fees
Less than $5000 $620
$5001 - $15,000 $930
$15,001 - $20,000 $1860
$20,001 - $25,000 $2070

Adjudicator grading

Adjudicator grading is now prescribed by Division 2 of the BIF Regulation:

  • Initial grade of adjudicator will be a grade 1 from the time the adjudicators registration first becomes effective.
  • Grade 2 eligibility
    • Person has decided 10 adjudication applications AND
    • At least five of the applications related to a payment claim for a progress payment of more than $25,000

Continuing Professional Development 

The new Continuing Professional Development for Adjudicators Policy (PDF) (CPD Policy) outlines that as a condition of adjudicator registration, adjudicators will be required to accumulate 10 CPD points in each CPD year. The CPD year will commence from 1 April 2019. Any points acquired prior to 1 April 2019 will not be rolled over into the next CPD year.  Adjudicators will be required to complete a CPD record form and send it to the Registrar within 14 business days after the CPD year ends.

Code of Conduct

Adjudicators will be required to adhere to a new Code of Conduct for Adjudicators (PDF). The purpose of the code is to:

  • Set the standards of conduct and professionalism required from adjudicators when adjudicating payment claim disputes under the BIF Act;
  • Inform the public and participants in the adjudication process of the standards of conduct and professionalism they can expect from an adjudicator.

Contravention of a requirement of the Code by an adjudicator is a ground for suspending or cancelling the adjudicator’s registration.

Mandatory training

Existing adjudicators are required to complete a training course called ‘Transitionary training for registered adjudicators’ which will be made available on the QBCC website.

Conflicts of interest

Section 13 of the BIF Regulation outlines when an adjudicator is considered to have a conflict of interest. For example,

  • if the adjudicator or a family member of the adjudicator
  • is the owner of a building, structure or land to which the adjudication application relates to
  • is contracted or employed by either the claimant or the respondent or
  • is the party carrying out the work to which the adjudication application relates

Please refer to the BIF Regulation for further information.

Other changes commencing

  • No new matters can be raised during adjudication.
  • If the respondent doesn’t issue a payment schedule they no longer have the opportunity to provide their reasons by way of an adjudication response.
  • The QBCC will automatically issue adjudication certificates.
  • It is now an offence not to pay an adjudicated amount – up to 200 penalty units
  • When deciding on the fees and costs allocation, the adjudicator must consider the conduct of both parties
  • Submissions must not exceed 10 pages in total which excludes documents such as contract, expert reports, variations etc