Mandating the Continuing Professional Development in Statutory Adjudication: Adjudicators’ Perspectives

Abstract

Statutory adjudication is a swift dispute resolution platform to determine payment disputes within the building and construction industry security of payment legislation. In recent years, Australian courts have been more willing to intervene in the adjudication process due to the poor decision-making process and/or failure of some adjudicators to comply with the basic and essential requirements under the legislation. To improve the competence of adjudicators, Queensland has recently mandated continuing professional development (CPD) requirements for all registered adjudicators and required adjudicators to engage in predefined educational activities and obtain at least 10 CPD points every year to maintain their eligibility to adjudicate. This timely study explores the perceptions of Queensland adjudicators and the factors influencing the effective implementation of the mandatory CPD requirements. The study follows an inductive qualitative approach by adopting semistructured interviews with 11 registered adjudicators in Queensland. The study found that adjudicators generally support the notion of the CPD requirements but had mixed views regarding the content and dynamics of CPD activities. The study identified and discussed key factors influencing the effective implementation of the CPD policy, including the requirements for adjudicator registration and renewal, adjudication panel size, and adjudicator appointment criteria. The study findings are not only beneficial to inform future reforms in Queensland but also relevant to other comparable jurisdictions seeking to mandate similar CPD requirements for adjudicators.