The RICS DRS is scheduled to begin operations as an Authorised Nominating Authority under the Building and Construction Industry Payment Act, the security of payment legislation that provides rapid solutions to construction disputes within the state of Victoria, on the 30th of August 2010.
The RICS DRS is available to accept adjudication applications.
Adjudication in Victoria
The adjudication process, in relation to the Victorian building and construction industry, was introduced in 2002. It is a dispute resolution process that grants claimants the statutory right to receive progress payments, and explicitly legislated within the Building and Construction Industry Security of Payment Act, 2002. To be eligible for access to the adjudication dispute resolution process there are a number of criteria that must be satisfied.
Adjudication can only be chosen as a route if the claimant submits a valid payment claim to the entity, under the contract, that is liable to make payment (the respondent). Consequently, a claimant must have an eligible contract related to construction or the supply of related goods and services in order to utilise the adjudication process, whether or not it is written, oral, part-written or part-oral. A respondent must either provide payment, or provide what is known as a payment schedule, which details reasons, if any, for not providing full payment of the payment claim. If any of these scenarios is not completed, the claimant may have the option to apply for adjudication.
An adjudication will be decided by a registered adjudicator within strict time limits (10 business days), and a decision on whether the claimant is due payment will be issued. If the adjudication decided in favour of the claimant, they have the option of securing the outstanding payment by requesting an adjudication certificate, and securing a lawfully enforceable judgment debt against the respondent.
We also have provided a section of highly detailed information about the entire Victorian security of payment process in our Victorian Adjudication Knowledge Base which you can peruse at your leisure.
About the Victorian ANA
The RICS DRS is available for the nomination of adjudicators suitable for undertaking adjudication applications in relation to the Building and Construction Industry Security of Payment Act 2002 (Victoria).
To apply for adjudication, please review the required adjudication forms and tools or download one of our application forms after your peruse our fees structure. These are available in our forms and tools section of the website.
We also provide training for both prospective adjudicators as well as education for the general public.
We have a dedicated panel of adjudicators which consists of both RICS and non-RICS members from a variety of backgrounds relevant to the construction industry.
The costs relevant to Victorian adjudication are available on our fee structure page.
Complaints Procedure
We continually look to improve on our standard of our service and the customer experience offered. We welcome all feedback and suggestions about things we do well, where there is room for improvement and ideas about what we should be doing in the future.
As part our registration under the Building and Construction Industry Security of Payment Act 2002 (VIC), RICS DRS as an ANA must comply with the Act and the Regulations and Authorised Nominating Authorities Conditions of Authorisation. A breach of any requirement or condition may affect our authorisation as an ANA.
If things do go wrong, we welcome the opportunity to put them right. If you would like to raise a complaint/concern about RICS DRS, please make your complaint in writing to the Manager of RICS DRS.
These concern may include:
- Any process of RICS DRS in relation to or rising out of the Act;
- Any conduct by any personnel of RICS DRS;
- any conduct by an adjudicator nominated by the RICS DRS; or
- any other relevant matter concerning the RICS DRS.
To help us gain a greater insight into the problems you have experienced, we would be grateful for any further information.
RICS DRS takes the privacy and security of the personal information you provide very seriously. Your details are held in a secure database with authorised access only.
- Receipt and date stamp correspondence if any, log email or telephone communication.
- Acknowledge receipt of the complaint by formal communication with the complainant, usually within 24 hrs.
- RICS DRS Manager to review correspondence or communication in relation to the complaint.
- If the complaint relates to an adjudicator a phone call will be made to discuss the matter with the adjudicator in question. RICS DRS will make any person involved with the adjudication process aware of its complaints procedure.
- If a complaint is made against the ANA an internal investigation will take place regarding the issues and the complaint referred to the RICS Oceania Board for independent investigation and action. Where the complaint is proved, the RICS Oceania Board will take the appropriate remedial measures which may include, suspension of an individual, imposing retraining requirements or similar.
- A written response will be made to the complaining party, usually within one week of receipt of a written complaint. If it is not possible to meet this timeframe the complainant will be advised of the likely response date.
- If appropriate and relevant, documentation regarding the matter will be forwarded to the Commissioner in the Building Commission.
- With reference to the appropriate Conditions of Authorisation, RICS DRS will provide details on any complaints in the regular reporting schedule.
Please note that if as an individual you are not satisfied with the outcome of a complaint to an ANA you may refer your complaint to the Building Commission in writing directly.
Please contact us if you have any further questions. Click here for our contact details.