QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.81Appointment of adjudicator
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### sec.81 Appointment of adjudicator
If the registrar refers an adjudication application to an adjudicator for a decision, the adjudicator must, unless the adjudicator has a reasonable excuse, accept or reject the referral within 4 business days after the referral is made.
The adjudicator may accept the referral by serving written notice of the acceptance on the claimant, the respondent and the registrar.
The adjudicator may reject the referral by notifying the registrar of the refusal.
If the adjudicator rejects the referral or does not accept it within the time required under subsection (1) —
the registrar must refer the adjudication application to another adjudicator within 4 business days after becoming aware of the refusal or failure; and
no fee is payable for referring the adjudication application to another adjudicator.
The other adjudicator may accept the referral by serving written notice of the acceptance on the claimant, the respondent and the registrar.
The other adjudicator may reject the referral by notifying the registrar of the refusal.
On accepting a referral of an adjudication application under subsection (1) or (5) , an adjudicator is taken to have been appointed to decide the application.
(sec.81-ssec.1) If the registrar refers an adjudication application to an adjudicator for a decision, the adjudicator must, unless the adjudicator has a reasonable excuse, accept or reject the referral within 4 business days after the referral is made.
(sec.81-ssec.2) The adjudicator may accept the referral by serving written notice of the acceptance on the claimant, the respondent and the registrar.
(sec.81-ssec.3) The adjudicator may reject the referral by notifying the registrar of the refusal.
(sec.81-ssec.4) If the adjudicator rejects the referral or does not accept it within the time required under subsection (1) — the registrar must refer the adjudication application to another adjudicator within 4 business days after becoming aware of the refusal or failure; and no fee is payable for referring the adjudication application to another adjudicator.
(sec.81-ssec.5) The other adjudicator may accept the referral by serving written notice of the acceptance on the claimant, the respondent and the registrar.
(sec.81-ssec.6) The other adjudicator may reject the referral by notifying the registrar of the refusal.
(sec.81-ssec.7) On accepting a referral of an adjudication application under subsection (1) or (5) , an adjudicator is taken to have been appointed to decide the application.
- (a) the registrar must refer the adjudication application to another adjudicator within 4 business days after becoming aware of the refusal or failure; and
- (b) no fee is payable for referring the adjudication application to another adjudicator.