Learning & events

NSW Adjudication Master class 2021

Saturday 14 August 2021 | Sydney

Resolution Institute Adjudication Master class

14 August 2021 NSW Building and Construction Industry

Security of Payment Act 1999

Resolution Institute Sydney, NSW Determinative Committee is conducting a Master Class for Adjudicator on 14 August 2021 that will provide dual opportunities:

  • attendance at an NSW adjudication master class satisfying one of the requirements of Resolution Institute policy on accreditation and register of Adjudicators for NSW and

  • the opportunity to gain five hours of Continuing Professional Development (CPD) satisfying half the mandatory 10 hrs CPD requirement and NSW adjudicator must now complete under new NSW regulations.

To maintain Resolution Institute adjudicator accreditation in NSW, and remain on Resolution Institute Panel, an adjudicator must meet the requirements of Resolution Institute's "Policy on accreditation and register of adjudicators". This policy provides that an accredited adjudicator must attend and be assessed as competent in at least one adjudication master class in each three year period to remain on Resolution Institute’s register of adjudicators for NSW.

It is an expectation, as a part of the 2021 Triennial Review, that if an adjudicator has not attended a masterclass from between 2018–May 2021 that they attend this master class.

An adjudication master class also provides the opportunity for participants to improve their knowledge of adjudication and become aware of a broader range of issues that may typically be encountered in their practice.

Under clause 19(3) of the 2020 Regulation, it is now a requirement for adjudicators to complete ten hours of CPD each year. A copy of the 2020 Regulation is available at this link: Building and Construction Industry Security of Payment Regulation 2020 (nsw.gov.au)

Clause 19(4) of the 2020 Regulation provides Guidelines for adjudicator’s CPD, which came into effect on 1 September 2020. The Guidelines issued by the Commissioner for Fair Trading are available at this link: CPD Guidelines for Adjudicators | NSW Fair Trading

Under the NSW Building and Construction Industry Security of Payment Act 1999 (“the Act”), adjudicators must now complete a mandatory ten hours of CPD to accrue ten CPD points, one CPD point per hour of approved CPD attended between 1 September 2020 and 1 September 2021.

Adjudicators should note that it is also a requirement under the 2020 regulation to accumulate ten CPD points commencing 1 September for each subsequent year.

The adjudication master-class will commence at 9.00 am and finish at 4.30 pm with one hour for lunch plus morning and afternoon coffee breaks.

Presentations throughout the day will focus on a number of subjects covering the three compulsory topics under the 2020 Regulation, providing a minimum of one CPD point for each of the following compulsory topics:

  • Legal principles and concepts (for example, principles of contract law, principles of construction law, construction contracts, construction projects or reading of the Act and the 2020 Regulation);
  • Practice and procedure (for example, practical aspects of adjudication, adjudication procedure, reading payment schedules, determination writing or decision making and complaint handling practices); and
  • Ethics (for example, impartiality, confidentiality, or conflicts of interest),

Part of the adjudication master-class will be held in a workshop format to facilitate presentations and discussion of relevant topics submitted by attendees. These workshops are designed to meet CPD requirements of the 2020 Regulation to provide a total of five CPD hours for the day.

Attendees will be required to submit topics for discussion and questions for workshops. Please note that not all topics or questions submitted may be selected. The panel shall choose what they see as the most relevant topics for attendees pre-reading before the adjudication master-class commences. Topics are to be sent to events@resolution.institute no later than 30 June 2021 to enable the programme and assessment criteria to be finalised and topics allocated.

During the adjudication master class, each participant will be assessed on their level of participation in discussions, their knowledge of the Act, and their understanding of the correct procedure when conducting adjudications.

Resolution Institute Adjudication Master class Policy is available at this link: Resolution Institute Adjudication Master Class Policy.

Please note, Resolution Institute is currently reviewing other requirements for adjudicators to remain on the NSW panel of adjudicators. Current NSW panel adjudicators will be advised of these requirements as soon as possible.

Resolution Institute also provides a series of seminars at which adjudicators can accumulate additional CPD points to satisfy the 2020 Regulation. Please refer to the Resolution Institute website for upcoming events.

Further information will be provided to attendees regarding arrangements for the adjudication master class following registration.