Adjudicator Code of Conduct

A. PURPOSE

The purpose of this Code of Conduct is to:

1. Establish standards of conduct and professionalism required from an Adjudicate Today adjudicator when adjudicating under a Security of Payment (SoP) Act; and
2. Inform the community and industry participants of the standards of conduct and professionalism they can expect from an Adjudicate Today adjudicator.

B. STANDARDS OF CONDUCT

An Adjudicator must:

1. Manage conflicts of interest;
2. Charge reasonable and proportionate fees;
3. Conduct her/himself with civility, procedural fairness, competence and integrity;
4. Maintain impartiality and objectivity;
5. Ensure confidentiality is maintained;
6. Advise Adjudicate Today of any court or tribunal review.

C. EXPLANATORY STATEMENTS OF THE STANDARDS OF CONDUCT

1. Manage conflicts of interest

An adjudicator is to appropriately manage any conflict of interest that could impact, or be perceived as impacting, on an adjudicator’s ability to impartially fulfil their functions.

An adjudicator is ineligible to adjudicate an adjudication application if the adjudicator is a party to or had any association with the construction contract; or has a financial interest to which the application relates; or had any connection with either of the parties which is likely to give rise to a perception of conflict of interest.

2. Charge reasonable and proportionate fees

An adjudicator is to only charge fees and expenses agreed between the adjudicator and the parties to the adjudication, or, if no amount is agreed, the fees and expenses for the grade of adjudicator published on the Adjudicate Today website.

Fees must be proportionate to the breadth and complexity of the adjudication.

3. Conduct her/himself with civility, procedural fairness, competence and integrity

An adjudicator must, at all times, conduct her/himself professionally and not behave in a manner which might reasonably be perceived as conduct diminishing the standing of the SoP Act, the adjudication process or Adjudicate Today.

This includes:

1. Communicating with those involved in the adjudication process with courtesy and respect;
2. Carrying out his/her role in a conscientious and diligent manner;
3. Not delegating any statutory duty to any other person;
4. Upholding the principles of procedural fairness;
5. Not unduly delaying the completion of the adjudication process; and
6. Abiding by the adjudication process.

In the event of any complaint, the adjudicator is to afford all assistance to enable Adjudicate Today to determine the merits of the complaint.

4. Maintain impartiality and objectivity

An adjudicator must, at all times, maintain the integrity and fairness of the adjudication process. This requires that an adjudicator remain impartial during the adjudication process towards the parties and any representatives involved in the adjudication.

An adjudicator must only consider those matters specifically identified in the SoP Act, when making a determination.

5. Ensure confidentiality is maintained

Confidential information of the parties to an adjudication must only be used by the adjudicator for the purposes of, or in connection with, the adjudication.

Confidential information provided by the parties must be protected by the adjudicator against third party misuse.

Duties of confidentiality are ongoing and continue after the adjudication process is complete.

6. Ensure Adjudicate Today is advised of any court or tribunal review

The adjudicator is within five (5) business days of becoming aware of any court or tribunal review and any court or tribunal decision of the adjudicator’s determination/decision advise Adjudicate Today in writing of such event.

D. COMPLIANCE WITH THE CODE OF CONDUCT

Contravention of a requirement of this Code of Conduct is a ground for suspending or cancelling the adjudicator’s panel membership.