Building and Construction Industry (Security of Payment) Regulations 2022 (WA)

Western Australia Building and Construction Industry (Security of Payment) Act 2021 Building and Construction Industry (Security of Payment) Regulations 2022 Western Australia Building and Construction Industry (Security of Payment) Regulations 2022 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Construction contracts 4. Threshold contract value for construction contracts required to be in writing and contain mandatory information 1 5. Other prohibited terms of construction contracts (s. 15) 1 Part 3 — Procedure for obtaining progress payments 6. Form of homeowner's notice to be included in payment claim 1 7. Additional kinds of conflicts of interests of adjudicators 1 8. Threshold for review of adjudication 1 9. Maximum adjudication fees and expenses of adjudicators 1 10. Minimum credit rating for compliant performance bonds 1 Part 4 — Retention money trusts 11. Prescribed retention money threshold for trust scheme 1 12. Exclusion of small‑scale residential contracts from retention money trust scheme 1 13. Withdrawal from retention money trust account of interest earned before release 1 14. Redaction of information relating to identity of other beneficiaries from trust accounts when inspected or copied (s. 79(4)) 1 Part 5 — Nominating authorities, adjudicators and review adjudicators 15. Fees 1 16. Refund of registration fees 1 17. Code of practice for authorised nominating authorities (s. 97) 1 18. Qualifications for registration as adjudicators or review adjudicators (s. 102(1)(a) and (2)(b)) 1 19. Experience for registration as adjudicators or review adjudicators (s. 102(1)(a) and (2)(b)) 1 20. Grading of adjudicators (s. 101(4)) 1 21. Code of practice for adjudicators and review adjudicators (s. 109) 1 Part 6 — Miscellaneous 22. Electronic lock‑box service of documents on authorised nominating authorities (s. 113(3)(e)) 1 23. Time of service of documents (s. 113(4)) 1 24. Infringement notices: prescribed offences and modified penalties 1 25. Infringement notices: authorised officers and approved officers 1 26. Infringement notices: forms 1 Schedule 1 — Form of homeowner's notice Schedule 2 — Code of practice for authorised nominating authorities Division 1 — Preliminary 1. Citation 1 2. Terms used 1 3. Compliance with code of practice 1 Division 2 — Standards of business conduct 4. Compliance with laws 1 5. Duty of care, diligence and skill 1 6. Duty to act honestly, fairly and professionally 1 7. Duty not to direct or influence adjudicators or review adjudicators 1 8. Duty not to delegate or abrogate responsibility 1 9. Duty to ensure security of confidential information 1 Division 3 — Conflicts of interest 10. Conflicts of interest policy 1 11. Applications for adjudication or adjudication review must not be referred if conflict of interest 1 12. Authorised nominating authority must not seek, accept, agree to or offer inducements 1 Division 4 — Professional management arrangements 13. Professional management policy 1 Division 5 — Complaints and internal disputes resolution 14. Complaints and internal disputes resolution policy 1 15. Notification of Building Commissioner of complaints and internal disputes 1 16. Records of complaints and internal disputes 1 Division 6 — Adjudication applications 17. Adjudicator appointment policy 1 18. Appointment of adjudicators 1 Division 7 — Adjudication review applications 19. Review adjudicator appointment policy 1 20. Appointment of review adjudicators 1 21. Disputed adjudicated amounts and deposits or security held on trust 1 Division 8 — Fees and expenses 22. Charging of fees and expenses 1 23. Notification of deposit or security for adjudication fees and expenses 1 24. Refund of application fee 1 Division 9 — Information for Building Commissioner 25. Notifications to Building Commissioner 1 26. Information that must be provided before surrender of authorisation 1 27. Inspection and provision of copies of written policies of authorised nominating authorities 1 Division 10 — Miscellaneous 28. Authorised nominating authority must maintain website 1 29. Service of documents 1 30. Building Commissioner's practice notes 1 Schedule 3 — Code of practice for adjudicators and review adjudicators Division 1 — Preliminary 1. Citation 1 2. Terms used 1 3. Compliance with code of practice 1 Division 2 — Professional conduct 4. Compliance with laws 1 5. Duty not to engage in unprofessional conduct 1 6. Duty to act independently and impartially 1 7. Duty not to delegate or abrogate responsibility 1 8. Duty to maintain eligibility for registration 1 9. Duty to ensure security of confidential information 1 Division 3 — Conflicts of interest 10. Adjudicator or review adjudicator must not accept appointment if they are, or are related to, authorised nominating authority 1 11. Checking for conflicts of interest 1 12. Adjudicators and review adjudicators must not seek, accept, agree to or offer inducements 1 Division 4 — Appointment of adjudicator or review adjudicator 13. Acceptance of appointments 1 Division 5 — Making of determinations 14. Form of determinations 1 15. Correction of determinations 1 16. Record keeping with respect to determinations 1 Division 6 — Adjudication fees and expenses 17. Amount of adjudication fees and expenses that may be charged 1 18. Notification of adjudication fees and expenses 1 19. Deposit or security for adjudication fees and expenses 1 20. Expert and testing adjudication expenses 1 21. Withholding determination 1 Division 7 — Miscellaneous 22. Information that must be provided by adjudicator appointed by parties 1 23. Building Commissioner's practice notes 1 Schedule 4 — Prescribed offences and modified penalties Schedule 5 — Infringement notice forms Schedule 6 — Fees Notes Compilation table 1 Defined terms Building and Construction Industry (Security of Payment) Act 2021 Building and Construction Industry (Security of Payment) Regulations 2022