Page 4543 - Week 12 - Thursday, 15 October 2009
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both parties reasons for a decision including the adjudicated amount and the payment date. If payment of the adjudicated amount is not made, the claimant can request an adjudication certificate, which can be then lodged in a court of competent jurisdiction as a judgement debt.
The important benefits of the rapid adjudication process are that it allows for a prompt interim decision on disputed payments, encourages communication between the parties about disputed matters, and provides parties with a much faster and cheaper alternative to resolve the dispute without entering the court system. The adjudication process also allows unpaid parties to suspend work or the supply of goods until payment of the adjudicated amount is received.
New South Wales and Queensland differ on the administration and licensing of security of payment. The New South Wales model gives the relevant minister discretionary powers for administering the scheme. The minister then transfers responsibility for the licensing and monitoring of adjudicators to the approved authorised nominated authorities (ANAs).
It is a minimalist, hands-off approach to regulating security of payment that requires less than one person for the whole of New South Wales. This is in contrast to the Queensland approach, which has required the establishment of a separate agency, comprising three full-time equivalent positions, consisting of one senior executive, an administrative officer and a customer service officer.
Consideration was also given to where the security of payment function will be located within government. The role involves establishing a panel of appropriately qualified adjudicators and referring cases to an adjudicator in a timely way. As this does not require the determination of issues between the parties, the role is more akin to that of a registrar than a tribunal or court.
In other jurisdictions, administration resides in specialist units in the public works and construction portfolios. In the ACT this means it could reside in the planning portfolio. This option would allow the scheme to operate in the context of other regulatory regimes that apply in the building industry.
The ACT Planning and Land Authority, ACTPLA, already administer building and construction industry regulatory and licensing functions. Further to this, the legislative framework for licensing pre-exists in the Construction Occupations (Licensing) Act, which is administered by ACTPLA.
Madam Deputy Speaker, with the preferred model for administering security of payment being that of New South Wales, it is fitting then that the best location for the scheme should be ACTPLA and I have every confidence in the minister responsible for that portfolio—the best planning minister we have had since self-government.
Mr Seselja: Slap Simon.
Mrs Dunne: Simon again.
Mr Seselja: Slap and slap again.
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