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Construction Contracts (Security of Payments) Act 2004
Current status
With the exception of one section, the Construction Contracts (Security of Payments) Act 2004 (“the Act”) came into force on 1 July 2005. This means that it applies to construction contracts entered into from that date and which are covered by the Act.
The adjudication scheme created by the Act was amended by Part 4 the Community Justice Centre Act 2005 on 22 February 2006 to provide for the determination of small claims (under $10,000) through the Community Justice Centre for a fixed fee of $500.
The Act was amended by the Justice Legislation Amendment Act 2006 on 1 July 2006. That Act has:
- amended section 45 of the Act, so that adjudicators’ determinations can now be enforced as judgments in the Local Court without the need for the person wishing to enforce the determination to have to first seek leave of the Court; and
- added a new section 67 to provide transition provisions to facilitate the repeal of the Workmen’s Liens Act.
On 1 August 2006, Section 66 of the Act came into force and as a consequence the Workmen’s Liens Act has now been repealed
The Construction Contracts (Security of Payments) Regulations 2004 commenced operation on 1 July 2005.
The Construction Contracts Registrar
Guy Riley, a lawyer within the Department of Justice has been appointed by the Minister for Justice and Attorney-General as the Construction Contracts Registrar. His role under the legislation is to register adjudicators and maintain a public record of all determinations made by adjudicators. He also has a power to appoint adjudicators to determine disputes in circumstances where an appointer fails to do so within the prescribed time.
Registered Adjudicators
The Construction Contracts Registrar has to date approved the registration of the following registered adjudicators under the Act:
Prescribed Appointors
The following organisations are prescribed in the Regulations as appointers for the purposes of the Act
Act and Regulations
- Construction Contracts (Security of Payments) Act
- Community Justice Centre Act 2005
- Construction Contracts (Security of Payments) Regulations 2004
More Information
Forms
- Application for registration as an adjudicator
- Application for Adjudication for the adjudication of construction contracts payment disputes under $10,000 pursuant to the Construction Contracts (Security of Payments) Act and in accordance with Part 4 of the Community Justice Centre Act.
- Authority to release criminal history
- Mutual recognition registration requirements
- Blank statutory declaration (to be used by applicants seeking registration as adjudicators under mutual recognition principles)
