Complaint about an Adjudicator
From time to time parties may consider that an adjudicator has breached our code of ethics and wishes to complain. A complaint must be based on a breach of the code of ethics. Sometimes parties seek to use our complaints procedure in the belief that the adjudicator may revise a decision as a consequence. The Act does not allow for such a process. It is the responsibility of the courts to review and correct legal error.
Any complaint must be in writing and contain full particulars of the allegations together with any supporting documentation. The complaint is referred to the Adjudication Competency Assessment Panel. This panel consists of at least two adjudicators, including the chief adjudicator and trainer, Mr Philip Davenport. Should Mr Davenport be the subject of the complaint than another senior adjudicator shall take his place. Each member of the panel considers the complaint independently and prepares a written report on the papers. These reports are referred to the adjudicator for any submission they choose to make. The reports, the original complaint and any response from the adjudicator are provided to the Managing Director who will respond in writing to the complainant. If appropriate, the Building Commission will be informed of the complaint and the outcome.
This process is time intense and exhaustive. It generally completes within six (6) weeks of receipt of the original written complaint.
Complaint about Adjudicate Today and/or its employed staff
1.0 Definition of a Complaint
1.1 A complaint is any expression of dissatisfaction or concern made about Adjudicate Today or its staff when the organisation is acting in its role as an Authorised Nominating Authority (‘ANA’).
1.2 Complaints may be made either verbally (and documented by the complaint handler) or in writing.
1.3 Complaints will be accepted only if made within 30 days of completion of the adjudication process where the complaint arose.
2.0 Guiding Principles
2.1 Adjudicate Today recognises that people are free to raise complaints and have them resolved in a manner that is fair, sensitive and prompt.
2.2 Adjudicate Today recognises complaints as a feedback mechanism to improve the organisation's practices, policies and procedures.
2.3 Adjudicate Today will support a cooperative process in managing complaints.
2.4 In particular Adjudicate Today will:
- handle complaints promptly and advise complainants of appropriate timeframe's at all stages of the process;
- treat complaints seriously and sensitively;
- seek to resolve the complaint in the first instance. If the complaint cannot be resolved informally at that stage, it will be progressed through the complaints handling process. Adjudicate Today will ensure that a staff member will not handle a complaint about himself/herself or about any process in which he/she took part;
- ensure that each person has a right to be heard, to be treated without bias, to be informed of complaints being made, to have a right to respond and to have information about the status of the complaint. That is, complaints will be handled with procedural fairness;
- treat all information with due confidentiality;
- use information gained out of the complaint process as feedback to improve the practice of processing adjudication applications, wherever possible.
3.0 Accessibility 
3.1 Adjudicate Today’s complaints handling policy is published at www.adjudicate.com.au/NSW/nsw_complaint.php.
4.0 Possible Outcomes
4.1 A range of outcomes may result from the complaints handling process. These may include, but are not limited to, any of the following:
- the matter is resolved;
- the complaint handler determines that the matter is vexatious and cannot proceed further;
- the staff member receives professional development such as coaching, further training, education, mentoring and/or supervision;
- the issue that is the subject of the complaint is referred to Adjudicate Today’s directors to be addressed by way of, for example, policy review and/or development.
4.2 If the complaint is still not resolved, it may be referred to an independent person with experience in the adjudication process for investigation.
5.0 Confidentiality
5.1 The complaint handler will ensure that information regarding the complaint is handled appropriately. Those who have access to any information regarding the complaint will only have access to the information necessary for them to carry out their role.
5.2 The complaint handler should keep clear and objective records which show how the complaint has been handled. Records of any agreements and outcomes should also be kept. The outcomes and agreements will be provided to the complainant and the staff member.
5.3 Adjudicate Today will ensure that any documents or records kept, arising from a complaint or its investigation, will be held in a safe and secure place. Documents will be kept for a period of twelve months to allow access for analysis and/or research.
6.0 Insight and Development
6.1 Any insights gained during the complaints handling process will be reflected back to Adjudicate Today with a view to improving the adjudication process and organisational systems. For this purpose, Adjudicate Today will maintain statistics showing the number of complaints, the type of complaints, how they were dealt with, the amount of time taken to deal with each matter and the outcome (without identifying characteristics).
6.2 Where appropriate such insight may be shared within the adjudication industry.
7.0 Complaints Handling Procedure
7.1 Step 1 The complaint handler will make initial contact with the complainant within 2 working days.
7.2 Step 2 The complaint handler will conduct an initial assessment which will involve discussing with the complainant the concerns and the desired outcome. The complaint handler will listen to the complainant and, if it is appropriate, resolve the matter at this initial point of contact.
7.3 Step 3 If appropriate, the complaint handler may facilitate the complainant to discuss the issues with the staff member directly if this has not already been tried. This meeting may be facilitated by the complaint handler to ensure both parties communicate openly in a problem solving environment.
If steps 2 and 3 are unsuccessful, the following process will be undertaken.
7.4 Step 4 In the case of a verbal complaint being made, the complainant will be asked to put the complaint in writing.
7.5 Step 5 The complaint handler will conduct an initial assessment which will involve:
a. discussion with the staff member, informing him/her of the complaint and listening to the response;
b. assessment of the willingness of all parties to cooperate with the complaint handling process;
c. assessment of the nature of the complaint; and
d. selection of a dispute resolution process to suit the circumstances.
7.6 Step 6 Following the initial assessment, the complaint handler will provide information to the complainant about the process to be adopted, within seven (7) days after initial contact, if practical. The complaint handler will inform the complainant of the expected timeframe of the complaint handling process and will keep them informed of any changes to the expected timeframe.
7.7 Step 7 A dispute resolution process may include:
a. discussion between the complainant and senior management of Adjudicate Today;
b. negotiation between the parties;
c. if the complaint cannot be resolved through any of the above methods, an investigation of the complaint by an independent industry person may be appropriate. Any investigation will result in a recommendation.
7.8 Step 8 Subsequent to the conclusion of the dispute resolution process feedback will be given to the complainant about the outcome of the process and, if appropriate, the Building Commission will be informed of the complaint and the outcome.
8.0 Contact
8.1 The person with overall responsibility for the complaints handling system is Lorraine Djuricin, General Manager, who may be contacted on 1300 760 297
Contact us to make a complaint