Relevant legislation to the information on this page:
- Building and Construction Industry (Security of Payment) Act 2021 (WA) (the Act)
- Building and Construction Industry (Security of Payment) Regulations 2022 (the Regulations)
Find an authorised nominating authority
An Authorised Nominating Authority (ANA) is a body or individual authorised under the Act to receive adjudication and adjudication review applications, nominate an adjudicator or review adjudicator to determine an adjudication application or adjudication review application and, if applicable, undertake other administrative tasks.
All ANAs are required to adhere to requirements as provided in the Act, Regulations, Code of Practice for ANAs, and any Building Commissioner issued practice notes. The Code of Practice for ANAs and Building Commissioner issued practice notes can be found below.
If your construction contract does not name an adjudicator for disputes, and you would like to lodge an adjudication application, you may submit it to any ANA in WA and they will appoint an adjudicator.
Becoming an authorised nominating authority
The Building Commissioner grants authorisations to persons to be nominating authority (or an ANA).
ANAs perform a vital role in relation to the security of payment laws under the Act.
An application for authorisation as a nominating authority must be made using the form below. Please note, certain requirements must be satisfied to be eligible to be authorised as a nominating authority in WA.
Submit your application online
Authorised nominating authorities responsibilities
Reporting requirements
There are various reporting obligations under the Act and the Regulations for authorised nominating authorities, adjudicators and review adjudicators. The administration of these reporting obligations is to be undertaken by authorised nominating authorities on the adjudicator’s or review adjudicator’s behalf, under Schedule 3, Division 7, cl. 7(2) of the Regulations.
eNotice is the web-based application to be used by all authorised nominating authorities for the electronic lodgement of adjudication and review adjudication applications and determinations. Authorised nominating authorities may register and have unlimited use of the system at no cost.
The guide below will demonstrate how to create, lodge and amend adjudication applications and determinations using eNotice.
Code of practice
As a condition of authorisation, Authorised Nominating Authorities must adhere to not only the Act and Regulations, ANAs are also required to adhere to the Code of Practice and Building Commissioner practice notes to ensure they carry out their functions under the Act properly, and have in place systems and processes to ensure integrity and confidence in the adjudication process.
Find an adjudicator or review adjudicator
An adjudicator or review adjudicator is registered under the Act to receive adjudication and adjudication review applications and make determinations.
Applications for adjudication are subject to strict timeframes. If you make an adjudication application out of time, the adjudicator will not be able to make a finding about your claim and you may be liable to pay the adjudicators fee. More information on these timeframes is available in the Applying for Adjudication fact sheet.
Your construction contract may stipulate an adjudicator to determine an adjudication application in the event there is a dispute about progress payments, final payments, retention money and single or once off payments.
The names, rates and fees charged for each adjudicator is listed below.
It is important to note that adjudicators are unable to charge fees above the maximum prescribed rate for payment claims up to $50,000. For more information on adjudication fees see Applying for adjudication.
You are not required to list an adjudicator in your construction contract. In the circumstance where one is not stipulated and you would like to lodge an adjudication application, you may submit it to any ANA in WA. The ANA will then appoint an adjudicator.
Any term in a construction contract that nominates an ANA is void and unenforceable. In these circumstances, you are entitled to give the application to the ANA of your choice.
Review adjudicators cannot be stipulated in the construction contract. If you meet the eligibility requirements of review adjudication, you are required to submit a review adjudication application with an ANA within five business days of receiving your determination. See Topic 6 factsheet and video for more information.
Becoming an adjudicator or review adjudicator
The Building Commissioner is responsible for granting registration to individuals as adjudicators and/or review adjudicators.
An application for registration as an adjudicator and/or review adjudicator must be made using the form below. Certain requirements must be satisfied to be eligible to be registered as an adjudicator and/or review adjudicator.
To assist you in completing the application process, where the form requires you to provide evidence of your experience for registration purposes, please use one of these template forms (as the context requires) to record your experience and submit it with your completed application form.
Evidence of experience templates:
- Template Form - Construction Contract Experience Review Adjudicator Pathway 2
- Template Form - Adjudication Experience Review Adjudicator Pathway 2
- Template Form - Adjudicator Pathway 3
- Template Form - Adjudicator Grading Scenarios 1 and 2
- Assessment Policy – Equivalent Experience for Grading of Adjudicators
Submit your application online
Overseas qualifications
If you need to demonstrate a relevant vocational qualification and the degree you obtained was from a university or other tertiary institution overseas, you must demonstrate this degree is equivalent to an Australian degree. If this is so, please do not start your application without receiving written confirmation that the degree is equivalent from one of these services:
- For Western Australian applicants, contact Migration Services, Department of Training and Workforce Development: Overseas qualifications unit
- For interstate and overseas applicants, contact Australian Government Department of Education: Qualification assessment
Renewal of registration as an adjudicator or review adjudicator
An application for the renewal of registration as an adjudicator or review adjudicator (or both) must be made using the form below. Please note that an application for renewal of registration must be made no later than 1 month before the expiry of the existing registration.
Important note: If your registration is as a provisional adjudicator under section 110 of the Building and Construction Industry (Security of Payment) Act 2021, then to continue your registration beyond the 12 month provisional term (i.e beyond 1 August 2023) you will need to use this renewal form.
PROTECTION OF CREDIT CARDHOLDER INFORMATION: The department is committed to protecting your personal information it collects, uses or discloses when processing applications and making transactions. Under no circumstances should you include your payment card (credit/debit) details as part of any application submitted online. This includes for payment, proof of ID or within any other supporting documentation such as financial statements that accompany your application.
Submit your application online
Adjudicator and review adjudicator training courses
One of the eligibility requirements for an adjudicator and review adjudicator is the completion of a Building Commissioner approved training course. The training course provides the necessary background and understanding of the Act, requirements and obligations.
An approved training course completed for the purposes of registration under the CCA will not be accepted as meeting the requirements for registration under the Security of Payment Act.
The Building Commissioner Policy – Approval of adjudicator training courses (below) sets out the Building Commissioner's content and form requirements of training courses for the purposes of adjudicators being registered under the Act, together with the manner in which applications can be made to the Building Commissioner for approval of an adjudicator training course.
If you wish to complete an approved training course, please get in contact with an authorised nominating authority to discuss your interest.
Fees
Please see the Building and Energy fee schedule for current fees.
Adjudicator responsibilities
Reporting requirements for adjudicators and review adjudicators
Registration as an adjudicator entitles an individual to make determinations on adjudication applications. Adjudicators have various reporting obligations under Part 3, Division 3, sections 32(4), 32(6) and 38(4)(c) of the Building and Construction Industry (Security of Payment) Act 2021 and Schedule 3, Division 7, cl. 22 of the Building and Construction Industry (Security of Payment) Regulations 2022.
Where an adjudicator is appointed by an authorised nominating authority, the administration of these reporting obligations will be undertaken by the authorised nominating authority on the adjudicator’s behalf.
The guide below will demonstrate how to monitor lodgements made by an authorised nominating authority on behalf of an adjudicator and how to lodge a new adjudication application and determination using eNotice (only required when an adjudicator is directly appointed by the parties).
Registration as a review adjudicator entitles an individual to make determinations on review applications. There are various reporting obligations for review adjudicators under the Act and Regulations. The administration of these reporting obligations will be undertaken by the authorised nominating authority on the review adjudicator’s behalf.
The guide below will demonstrate how to monitor lodgements made by authorised nominating authorities on behalf of a review adjudicator.
Code of practice
As a condition of registration, adjudicators and review adjudicators must adhere to not only the Act and Regulations, they are also required to adhere to the Code of Practice for adjudicators and review adjudicators and any practice notes issued by the Building Commissioner to ensure that they carry out their functions under the Act properly, and to ensure integrity and confidence in the adjudication process.
