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FAQ - BCIPA Certificate in Adjudication April 2018

 

Who is the course provider?
What does the course cost?
Can I apply to attend the course for learning or professional development only?
When will the course be conducted?
Where will the face-to-face component of the course be conducted?
What is the content of the course?
How much work is involved?
What do I need to do to prepare for the course?
When and how will course material be provided?
Does everyone who attends the course qualify for the issue of a Certificate in Adjudication?
Can laptop computers be used during training and exams?
When can applications be made to attend the course?
What are the eligibility requirements to become registered as an adjudicator under the BCIPA?
How do I pay to attend the course?
Do I get a refund if I withdraw from the course?
If I am issued with a Certificate in Adjudication how do I register to be an adjudicator?

Course Provider:
Contract Administration Group Pty Ltd
ABN 39 052 986 544
Level 23, Pipe Networks House
127 Creek Street, BRISBANE, QLD, 4000
Ph: (612) 4659 6200 │ Fax: (617) 3221 9438
Course Email: BCIPAtraining@contractadmin.net

Course Content:                      Course content is directed to the Elements set out in the Building and Construction Industry Payments Regulation for the Certificate in Adjudication. If the legislation changes by the passing of the Building Indusrty Fairness (Security of Payment) Bill 2017 the course will accommodate the legislation in force in February 2017. The course will consider such things as:

Course Timing:                       Although the face-to-face component of the course will be held in Brisbane on 12, 13 & 14 February 2018, candidates will need to carry out some pre-course work (approximately 10 – 20 hours) in the fortnight before those dates. Candidates for the Certificate will also need to conduct a Mock Adjudication in the three weeks following the face-to-face component. The time required for the Mock Adjudication will vary significantly between candidates but as a guide, candidates in previous courses have advised that similar mock adjudication exercises have taken from 20 to 40 hours to complete a reasoned Decision. However, some candidates have spent considerably more time.

Date for Applications:          Applications to attend the course may be lodged at anytime. The course is presenly over 90% subscribed. It is expected that places will be offered up to the first week of December 2017 or up to the time that the course is fully subscribed. Places will be offered having regard to the date and time of receipt of applications. Those who are not offered a place in the first instance may be offered a place if an earlier offer is not accepted by another applicant within time.

Course Workload:                 Applicants should consider their availability carefully before applying to attend the course. The course will be comprised of Pre-Course Work, Course Attendance (including written Examinations) and a Mock Adjudication. The time required for candidates will vary due to each individual’s previous training, particular knowledge, experience and approach to the task.
Candidates will need to commit significant time to complete each phase of the training including those for Option 1 and Option 2 as referred to in the Application Form. The Course attendance will be on 12, 13 & 14 February 2018 from 08:15 to 17:00 each day. Examinations for Option1 candidates will be conducted within these times. The time required for the Mock Adjudication will vary significantly between candidates but as a guide, candidates in previous courses have advised that similar mock adjudication exercises have taken from 20 to 40 hours to complete a reasoned Decision but some candidates have spent considerably more time. It is a matter for candidates how long they spend on the Mock Adjudication provided that the Decision is submitted within time.
Candidates attending the course for the purpose of professional development or learning only (Option 2) and who do not wish to attempt to qualify for a Certificate in Adjudication, will be required to carry out the Pre-Course Work as a pre-condition to attending presentations but they will not sit for the Examinations or have a Mock Adjudication marked.

Course Material:                   Some course material will be available to download from Dropbox on or before 29 January 2018 for candidates whose course fees are paid in full and funds cleared. For candidates not able to access Dropbox, course material will be provided on a thumb drive (USB Stick) if requested. Please allow time for post if relying on receipt of a USB Stick. Reference material will be provided in the same way.

Pre-Course Work:                 Completion of Pre-Course Work in hard copy is mandatory for all candidates. Candidates (both Option1 and Option 2) will not be able to attend presentations until the Pre-Course Work is completed and handed up in hard copy. Candidates who present to attend the Course will be required to remain outside the training area until the Pre-Course Work is completed and handed up in hard copy.
The Pre-Course Work is designed so that it can be completed within 10 hours although most candidates will benefit from additional reading. Candidates should read the Building and Construction Industry Payments Act 2004 (plus the associated Regulation) (and/or the Building Indusrty Fairness (Security of Payment) Bill 2017 if enacted) and two Supreme Court judgments which will be nominated for the Pre-Course Work.

Computers:                              Computers will not be provided to candidates. Candidates who wish to use a computer must bring their own laptop computers to use during the course. Candidates must run a virus scan on the computer and have anti-virus software installed on the computer. As printing facilities will not be available, candidates should print any material before the course.
There are no restrictions on material that candidates may have on their laptops and use during the course. It may also facilitate transfer of information to and from candidates if the candidate’s computer has Wi-Fi capability but work around solutions are in hand for those without Wi-Fi. Barring technical or ISP issues, a Wi-Fi network will be available for candidates to log onto during the course.
Any candidate who cannot, or who does not wish to, use a computer during the course should raise this by email to BCIPAtraining@contractadmin.net before applying to attend the course. Work-around solutions will be arranged but candidates must ensure that any course material or other material they wish to use is printed and brought to the course by the candidate.
Candidates who wish to access the internet for information during the course may do so but must not communicate with anyone else (electronically or otherwise) during Examinations. Any candidate found communicating with others to obtain or provide assistance during an Examination will have their Examination paper endorsed as “Competence Not Demonstrated” and a “Nil” mark will be awarded to the candidate for that Examination.
Some material will not be provided to candidates in hardcopy. Examinations and Workshop exercises will be provided in hardcopy at relevant times. Soft copy material may be provided progressively.
As a minimum, candidates should ensure that they have hard copies of the current version of the Building and Construction Industry Payments Act 2004 and Regulation. They should also have hard copies of relevant parts of related or other legislation. A calendar covering relevant dates will be included in course material. Candidates may benefit from having a hard copy of the calendar with them to work through exercises and Examinations.
Course Fee:                             The course attendance fee for the Certificate in Adjudication is $2888 incl GST per candidate. The course attendance fee for Candidates attending for professional development and learning only (Non-Certificate Training will be $2488 including GST per candidate.
Learning Only:                        Depending on numbers for the Certificate in Adjudication Training, places may be available for professional development and learning only (Non-Certificate Training). The course attendance fee for the Non-Certificate Training will be $2488 including GST per candidate. This option does not include any examinations or the Mock Adjudication. A Certificate in Adjudication will not be issued for candidates who attend on this basis but a Certificate of Attendance will be available if requested.

Training Venue:                     it is intended that the venue will be Riverside Hotel Southbank, 20 Montague Road, South Brisbane 4101. 07 3846 0577;  riversidehotel.com.au. The cost of accommodation is not included in the course fee. Parking may be available on 12, 13 and 14 February 2018.

Mobile Phones:                      Mobile phones must be silent and must not be used at all during presentations, workshops or Examinations. Phones must be OFF or out of the room during Examinations. Any candidate receiving or making phone calls (except by prior arrangement where there are exceptional circumstances) in presentations, workshops or during Examinations will be required to leave the room until the end of the presentation, workshop or Examination. For those who need mobile phone contact there will be a morning tea, lunch and afternoon tea break each day.

Examinations:                         For those candidates attending the course for the purpose of attempting to qualify for a Certificate in Adjudication, there will be 3 compulsory Examination sessions. As the Examinations address required elements of the training, a 75% mark is to be achieved in each of the 3 Examinations. Candidates will be issued with a candidate number. Completed Examination papers must identify candidates only by their candidate number. Candidates must not identify themselves in any other way in completed Examination papers or in Mock Adjudication papers handed up.
Candidates attending the course for the purpose of professional development or learning only and who do not wish to attempt to qualify for a Certificate in Adjudication, will not complete the Examinations or Mock Adjudication.  
Minimum to qualify:             To qualify for the issue of a Certificate in Adjudicators must demonstrate competence in conducting a Mock Adjudication and writing a Decision based on the Mock Adjudication. In addition to demonstrating competency in the Mock Adjudication, a minimum mark of 75% is to be achieved in each of three Examinations to successfully complete the course. Candidates who apply to attend the course for professional development and learning only (Non-Certificate Training) will not sit for any examinations or conduct the Mock Adjudication. A Certificate in Adjudication will not be issued for candidates who apply to attend the Course for Non-Certificate Training.
Mock Adjudication:              For those candidates attending the course for the purpose of attempting to qualify for a Certificate in Adjudication, there will be a Mock Adjudication for which the candidate is required to complete an adjudicator’s Decision. Except for the Adjudication Response all documentation for the Mock Adjudication will be provided to candidates on or by 13 February 2018. The completed Decision must be emailed to BCIPAtraining@contractadmin.net within the time set out in the instructions for the Mock Adjudication.
Candidates may apply for an extension of time for making the Decision but, as with a real adjudication, candidates should not assume that an extension will be granted. Candidates may safely assume that the Mock Adjudication parties will not agree to a request for an extension of time of more than 10 business days. Decisions submitted after the permitted time will be marked as “Competence Not Demonstrated” and will receive a “Nil” mark.
Candidates may email their completed Decisions earlier if they wish but this will not attract more favourable marking than Decisions sent up to the latest time permitted. Candidates should not sacrifice quality for speed in completing the Decision.
Markers will assume that the quality of the Decision handed up is equivalent to the quality of the Decision that the candidate would produce and provide to the claimant and the respondent in a real adjudication.
Extra time spent by the candidate in writing and re-writing the Decision for the Mock Adjudication before it is submitted for marking may improve the quality of the Decision.
Candidates are encouraged to have the Decision proof read by another person before it is submitted but the Decision will be treated as entirely the candidates’ own work.
Marking:                                  A candidate who is dissatisfied with the mark first given for any Examination or for the Decision for the Mock Adjudication has the right to request in writing that the mark be disregarded and that the Examination or Decision be marked by a different marker. In such a case, the first mark will not be taken into account in assessing the candidate and the mark given by the second marker will be the final mark for assessment purposes regardless of whether it is the same as, lower than or higher than the first mark. In no circumstances will the candidate be entitled to revert to and rely on the first mark. In all cases the second marker’s mark shall prevail.  

Payment:                                  Payment must not be included with the Application to Attend Training Course. Places will be offered to applicants in the order of receipt of properly completed application forms. It is the policy of Contract Administration Group Pty Ltd to provide equal opportunity to all applicants without regard to race, colour, religion, national origin, gender, sexual preference, age or disability.
The offer of a place will be accompanied by an invoice from Contract Administration Group Pty Ltd. Payment may be made by EFT or by one of the Nominated Credit Cards (MasterCard, Visa or American Express). Payment must be made within 7 days from the date that the invoice is emailed to the applicant. If the applicant does not wish to accept the offer of a place on the course, or if payment is not received by Contract Administration Group Pty Ltd within 7 days from the date that the invoice is emailed to the applicant, the invoice will be cancelled, the application will be taken to have lapsed and the offer of a place will also lapse. The place will be offered to the next applicant in order of receipt of applications.

Refund Policy:                         Course fees are refundable in full if the course is cancelled or postponed by Contract Administration Group Pty Ltd. Candidates may only withdraw by notifying Contract Administration Group Pty Ltd by email to BCIPAtraining@contractadmin.net. If a candidate’s withdrawal is received by Contract Administration Group Pty Ltd before 31 December 2017 the course attendance fee will be refunded in full. If a candidate’s withdrawal is received by Contract Administration Group Pty Ltd after 31 December 2017 but on or before 17 January 2018 an amount equal to 50% of the course attendance fee will be refunded. If a candidate’s withdrawal is received by Contract Administration Group Pty Ltd after 17 January 2018 but on or before 31 January 2018 an amount equal to 20% of the course attendance fee will be refunded. No refund will be provided for withdrawal received by Contract Administration Group Pty Ltd after 31 January 2018. Any refund made will be credited to debit/credit card used to pay for the course or to the account used to transfer funds where payment was by EFT.

Registration:                           A person wishing to become an adjudicator must become registered as an adjudicator and for this the person must meet specific suitability requirements. Applications for registration must be made to the Registrar. Contract Administration Group Pty Ltd has no part to play registration of adjudicators.
The Certificate in Adjudication, if attained at this course, will meet the requirements of section 60(1) of the BCIPA but there are other requirements which an applicant for registration as an adjudicator will need to satisfy.
For more information, see section 60 of the Building and Construction Industry Payments Act 2004 and associated Regulation or contact the Adjudication Registry on 139 333.
Fees are payable for registration as an adjudicator and for renewal of registration. The current renewal fee is in excess of $740. This fee is not included in or covered by the course attendance fee.
After registration, an adjudicator may be eligible to decide adjudications upon referral by the Registrar. The adjudicator’s qualifications, skill and experience are matters that the Registrar considers in selecting the person to whom an adjudication application is referred. There are no guarantees that the Registrar will refer adjudication applications to every person who attains a Certificate in Adjudication and who becomes a registered adjudicator but the Registrar will not refer adjudication applications to persons who do not meet the requirements of both section 60(1) and section 60(2) of the BCIPA.
Registration as an adjudicator can be suspended or cancelled if:

Eligibility:                                  Section 22 of the BCIPA provides that -
(1)      A person may be an adjudicator in relation to a construction contract if registered as an adjudicator under this Act. [emphasis added]
(2)      A person is not eligible to be an adjudicator in relation to a particular construction contract—
(a)      if the person is a party to the contract; or
(b)      in circumstances prescribed under a regulation for this section.
(3)      A regulation may be made under subsection (2)(b) only to prescribe circumstances in which the appointment of an adjudicator might create a conflict of interest.
Section 60 addresses suitability of person to be registered as follows -
(1)      A person is not a suitable person to be registered as an adjudicator unless the person holds—
(a)     an adjudication qualification; or
(b)     another qualification that the registrar considers to be equivalent to an adjudication qualification.
The BCIPA Dictionary defines “adjudication qualification” to mean a certificate issued by a body prescribed under a regulation to an individual stating that the individual has achieved an adjudication competency standard prescribed under a regulation.”
The Building and Construction Industry Payments Regulation 2004 (BCIPR) section 3 reads as follows:
"The following are prescribed for an adjudication qualification—
(a)            the name of the qualification is Certificate in Adjudication;
(b)            a body mentioned in schedule 1A, part 1 may issue the qualification;
(c)             the name of the adjudication competency to be achieved is Building and Construction Industry Payments Adjudication;
(d)            the elements that must be successfully completed are the elements mentioned in schedule 1A, part 2.:
The body mentioned in schedule 1A, part 1 of the BCIPR that may issue the adjudication qualification is Contract Administration Group Pty Ltd.
The elements that must be successfully completed for the adjudication qualification are the elements mentioned in schedule 1A, part 2 of the BCIPR. These are as follows:
Element code                   Name of element
1                                  BCIPA-01 Role and functions of an Adjudicator
2                                  BCIPA-02 Role and functions of the Adjudication Registry
3                                  BCIPA-03 Analysis of the Building and Construction Industry Payments Act 2004
4                                  BCIPA-04 Practical Aspects of Adjudication
5                                  BCIPA-05 Ethics, Natural Justice and Good Faith
6                                  BCIPA-06 Decision making and Decision writing
7                                  BCIPA-07 Legal concepts for Adjudicators
8                                  BCIPA-08 Technical concepts for Adjudicators
9                                  BCIPA-09 Assessment–Examination
10                               BCIPA-10 Assessment 2–Assignment: Mock Adjudication Decision

Further Information:            If further information is required please email BCIPAtraining@contractadmin.net.