Security of Payment | Master Builders Association

The Master Builders Association of NSW is an Authorised Nominating Authority [“ANA”] under the Building and Construction Industry Security of Payment Act 1999 (NSW).

In the role of an ANA, the Association appoints adjudicators to determine matters suitable for adjudication as allowed for under the Act. For an adjudicator to be appointed to determine your claim you will need to lodge an Adjudication Application with us (or any other ANA) after ensuring you have complied with the time restrictions and requirements under the Act. The adjudicator’s time spent attracts a fee based on an hourly rate. The size of the application and any response lodged by the respondent will influence the amount required to be paid to the adjudicator. The adjudicator will usually require their fee to be paid before he or she will release a copy of the decision.

Please email the Legal Assistant if you require further information or if you would like to discuss a query with one of the solicitors.

Email: legal@mbansw.asn.au

Security of Payment supporting statement

Complaints Policy

The purpose of this policy is to effectively receive and manage any actual, potential or perceived complaint against Master Builders Association of New South Wales Pty Ltd (MBANSW) and Adjudicators appointed by it as an Authorised Nominating Authority under the Building and Construction Industry Security of Payment Act 1999.

Procedure
Complaints must be in writing to 52 Parramatta Road, Forest Lodge NSW 2037 or by email to legal@mbansw.asn.au and contain particulars of any allegations as well as any supporting documentation.

An acknowledgement of receipt of the complaint will be forwarded within 5 days of receipt of the complaint and will advise of the appropriate contact within MBANSW.

If the complaint is against an Adjudicator then the complaint will be forwarded to that Adjudicator and their response will be provided to you. Otherwise the complaint will be kept confidential within MBANSW.
If the complaint is against MBANSW officers then the complaint will be forwarded to the Master Builders Association of New South Wales Complaints Committee comprising senior members of the Master Builders Association of New South Wales and constituted in accordance with their Constitution.

MBANSW will appropriately investigate and assess the complaint and will keep the complainant informed of the progress.

MBANSW will endeavour to provide a response within 4 to 6 weeks of receipt of the complaint.

A range responses can eventuate from the complaint which include:

No further action required
Recommendation if the complaint cannot be dealt with
Counselling, further training, or a change in procedure/policy required
Removal of the MBANSW officer or Adjudicator from the adjudication process of MBANSW

It should be noted that an adjudication decision cannot be revised or set aside as a result of the complaints process as this may only be done by means of an application to the appropriate Court.

For questions about this policy, contact the Legal Manager in writing or by telephone 8586 3555.