Construction Contracts Regulations 2004 (WA)
Western Australia
Construction Contracts Act 2004
Western Australia
Construction Contracts Act 2004
These are the
These regulations come into operation on the day on which section 55 of the Act comes into operation.
In these regulations, unless the contrary intention appears —
If a person is required by these regulations to give the contact details of a person, the person required to give the details must give the address, telephone and facsimile numbers and ABN of the person or the person’s business (or ACN of the person if there is no ABN) to the extent to which the person required to give the details knows those details.
For the purposes of section 26(2)(a) of the Act, an application to have a payment dispute adjudicated must, in addition to the other information required by section 26(2) of the Act, contain —
(a) the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and
(b) the applicant’s name and contact details; and
(c) the respondent’s name and contact details.
For the purposes of section 27(2)(a) of the Act, a response to an application for adjudication must, in addition to the other information required by section 27(2) of the Act, contain —
(a) the name of the appointed adjudicator or prescribed appointor and the adjudicator’s or appointor’s contact details; and
(b) the applicant’s name and contact details; and
(c) the respondent’s name and contact details.
For the purposes of section 36(b) of the Act, an appointed adjudicator’s decision must, in addition to the other information required by section 36 of the Act, contain —
(a) the name of the appointed adjudicator; and
(b) the applicant’s name and contact details; and
(c) the respondent’s name and contact details; and
(d) the date and identification number (if any) of the adjudicator’s determination.
For the purposes of section 42(2)(b) of the Act, a contractor’s notice of intention to suspend the performance of its obligations must, in addition to the other information required by section 42(2) of the Act, contain —
(a) the name of the appointed adjudicator; and
(b) the principal’s name and contact details; and
(c) the contractor’s name and contact details; and
(d) the date and identification number (if any) of the adjudicator’s determination; and
(e) the amount to be paid by the principal to the contractor under the determination; and
(f) the date by which the principal is to pay the amount to the contractor under the determination.
(1) For the purposes of section 48(1) of the Act, an individual must have the qualifications and experience set out in subregulations (2), (3) and (4) to be eligible to be a registered adjudicator.
(2) The individual must —
(a) have a degree, from a university or other tertiary institution in Australia, in a course listed in the Table to this paragraph, or an equivalent qualification from an overseas university or tertiary institution;
Architecture | Building |
Engineering | Construction |
Quantity surveying | Law |
Building surveying | Project management |
or
(b) be eligible for membership of a professional institution listed in the Table to this paragraph;
The Royal Australian Institute of Architects |
Institution of Engineers Australia |
Australian Institute of Quantity Surveyors |
Australian Institute of Building Surveyors |
The Australian Institute of Building |
The Institute of Arbitrators and Mediators of Australia |
Australian Institute of Project Management |
or
(c) be a builder registered under the
Builders’ Registration Act 1939 .
(3) The individual must have had at least 5 years’ experience in —
(a) administering construction contracts; or
(b) dispute resolution relating to construction contracts.
(4) The individual must have successfully completed an appropriate training course which qualifies the person for the performance of the functions of an adjudicator under the Act.
(5) For the purposes of subregulation (2)(a), a qualification is equivalent to another if the course of study for the first qualification covers approximately the same matters as does the course of study for the second.
For the purposes of section 48(3) of the Act, a fee of $59.50 is payable on the application of an individual for registration as a registered adjudicator.
For the purposes of the definition of “prescribed appointor” in section 3 of the Act, the persons listed in the Table to this regulation are prescribed.
Adjudicate Today Pty Limited |
Australian Institute of Building |
Australian Institute of Project Management |
Master Builders’ Association of Western Australia (Union of Employers) Perth |
Resolution Institute |
RICS Australasia Pty Ltd |
The Electrical and Communications Association of Western Australia Inc. |
This is a compilation of the
14 Dec 2004 p. 6006‑9 | 1 Jan 2005 (see r. 2 and | |
1 Apr 2005 p. 1063-4 | 1 Apr 2005 | |
12 Aug 2005 p. 3652‑3 | 12 Aug 2005 | |
17 Jun 2014 p. 1961‑2 | r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | |
23 Jun 2015 p. 2170 | r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) | |
23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) | |
25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) | |
SL 2020/16 20 Mar 2020 | r. 1 and 2: 20 Mar 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Mar 2020 (see r. 2(b)) | |
SL 2020/196 27 Oct 2020 | 28 Oct 2020 (see r. 2(b)) | |
SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |
ABN................................................................................................................................... 3
ACN................................................................................................................................... 3
commencement day............................................................................................... 10A(1)
contact details................................................................................................................... 3
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