From the 1 Jan 2021, every person authorised to refer adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) must adhere to the Building and Construction Industry Security of Payment’s “Authorised Nominating Authorities (Code of Practice) Order 2020.” This new Code establishes the standards that ANA’s must comply with, including their obligations regarding confidential information and avoiding conflicts of interest. They must not compromise their professional independence or integrity, or engage in disreputable or unconscionable conduct, or confer an unfair advantage on a person in dealings with an interested person. Before referring an adjudication application, the ANA’s are to consider facts such as:
- whether additional qualifications, skills, knowledge, and experience are required to adjudicate a dispute
- the amount claimed
- the complexity of issues in the dispute, and
- whether the adjudicator is able to determine the adjudication application as expediently as possible.