Authorised nominating authorities
Authorised Nominating Authorities (ANAs) are authorised under the Building and Construction Industry Security of Payment Act 2002 (SOP Act) to undertake the following functions:
- receive adjudication applications from claimants
- receive adjudication review applications from claimants or respondents
- provide assistance to parties regarding the adjudication process
- nominate an adjudicator to decide an adjudication application
- serve copies of the adjudication determination or review determination
- issue adjudication certificates to claimants upon request.
They may charge fees for the services they provide.
ANAs are required, as a condition of authorisation, to ensure that the adjudicators they nominate meet minimum core competencies and comply with professional standards of conduct.
ANA Register – From 1 July 2022
RICS Dispute Resolution Service
Adjudicate Today Pty Limited
Rialto Adjudications Pty Limited
ANAs are required to maintain records relating to the administration and conduct of adjudication activity.
They must submit annual and quarterly reports to the VBA containing statistical data related to adjudication applications, including the total number of:
- adjudication applications received
- adjudicator nominations
- adjudication determinations
- withdrawn adjudication applications
- adjudication certificates issued.
Authorisation as an ANA
Organisations wishing to apply for authorisation as an ANA must complete an Application for authorisation as an Authorised Nominating Authority (PDF, 920.4 KB). Applicants are required to provide detailed information demonstrating procedures and policies to deliver fast, fair, low cost and high quality adjudication services under the SOP Act.
Before authorising an applicant to operate as an ANA, the VBA must take into account any Ministerial Guidelines (PDF, 74.51 KB) issued under section 44 of the SOP Act.
An ANA must comply with the Act, the Regulations and the Authorised Nominating Authorities Conditions of Authorisation (PDF, 379.98 KB). A breach of any requirement or condition may affect the ANA's authorisation.
Authorisation is generally for a period of three years.
Making a complaint
The ANA Conditions of Authorisation require ANAs to establish a procedure that addresses complaints relating to any process arising out of the SOP Act, including:
- any conduct by any officer or personnel of the ANA
- any conduct by an adjudicator nominated by the ANA
- any other relevant matter concerning the ANA.
The ANA must make any person involved in the adjudication process aware of their complaints procedures. They are required to report to the VBA about any complaints they receive about the ANA or the conduct of any adjudicator arising from the SOP Act.
All complaints regarding the ANA process or any conduct by an adjudicator, officer or personnel of the ANA should first be referred to the ANA.
A person who is not satisfied with the procedure or outcome of a complaint to an ANA may refer their complaint to the VBA in writing.
Fees and costs
Before choosing an ANA, you may inquire about their fees. An ANA may charge an application fee for an adjudication application and fees for services in connection with the application.
The costs can be kept to a minimum if the issues are kept simple and submissions of the parties are clear and succinct. Parties are encouraged to attach all relevant documentation to the adjudication application and the adjudication response to speed up the application process and to avoid incurring unnecessary expense.
Adjudicator fees and expenses
Adjudicators’ fees vary, depending on the nature and complexity of the issues in dispute, the time required and the expertise of the adjudicator.
They are required to fully disclose their scale of fees and likely charges to the parties before commencing adjudication. They should also provide itemised invoices at the end of the process.
Generally, adjudicators charge an hourly rate. They may also charge for expenses associated with the adjudication, such as the cost of visiting the construction site.
Adjudicator’s entitlement in relation to fees
An adjudicator is entitled to be paid reasonable fees and expenses for the work they have done. This may include an amount for work done on a matter which is withdrawn or resolved by the parties.
An adjudicator is entitled to refuse to communicate the decision until their fees and expenses have been paid. If a party refuses to pay his or her share, the other party may elect to pay both parties’ shares to enable the adjudication determination to be released. If the other party pays, the adjudicator will add that unpaid share amount to the adjudicated amount.
An adjudicator is not entitled to be paid for work done where they fail to make a decision within the time allowed.
Liability to pay adjudicator fees
The parties are each liable to contribute to the adjudicator’s fees and expenses in equal proportions, or in such proportions that the adjudicator may determine.
Costs of the adjudication process
Any costs of the adjudication (apart from the fees of ANAs and adjudicators) are borne by the parties that incur them. The adjudicator does not have power to make any determination in relation to these costs.