Choosing an Authorised Nominating Authority in Australia: A Tradie’s Guide

If you’re a subcontractor or tradie owed money and you’ve decided to lodge a Security of Payment claim, you’ll run into the term “Authorised Nominating Authority” pretty quickly. It sounds official and confusing—but it doesn’t have to be. Let’s break down what an ANA actually is, why the law requires one, and how to choose the right one for your claim.

What is an Authorised Nominating Authority?

An Authorised Nominating Authority (ANA) is an organisation that’s been registered and approved by the relevant government body in each state to appoint adjudicators. When you file a payment claim under your state’s Security of Payment legislation—whether that’s the NSW SOP Act 1999, QLD Building Industry Fairness (BIF) Act 2017, VIC SOP Act 2002, or another state—the ANA is who nominates the person who’ll decide the dispute if it goes to fast-track adjudication.

Think of them as the gatekeeper. They don’t decide your claim themselves. Their job is to pick an independent adjudicator who will.

Why You Need to Nominate One

Your state’s Security of Payment Act requires you to name an ANA when you lodge your claim. This is non-negotiable. It’s built into the legislation because the system needs a neutral third party to appoint the decision-maker. Without it, you can’t proceed with fast-track adjudication if the respondent (the person who owes you) doesn’t respond properly or disagrees with your claim.

Different states have different rules:

• NSW: You nominate the ANA on your payment claim form
• Queensland: The ANA is nominated when the claim is served
• Victoria: You select an ANA before or during the claim process
• South Australia, WA, Tasmania: Similar requirements apply, though processes vary slightly

Get this step wrong, and your entire claim can be invalid. So it matters.

How to Choose the Right ANA

There are usually several ANAs to choose from in your state. Here’s what to think about when you’re picking one:

1. Check they’re registered. Visit your state’s relevant authority (e.g., NSW Fair Work Commission, QLD Building and Construction Commission, VIC Victorian Legislation, etc.). They keep the official list of approved ANAs. If an organisation isn’t on that list, don’t use them.
2. Look at their experience. Some ANAs specialise in construction disputes. That matters. They’ll understand the industry, the terminology, and common issues. A generalist ANA might work, but a construction-focused one usually knows the landscape.
3. Check their fees. ANAs charge a fee to appoint an adjudicator. These fees are set by each ANA and can vary. Ask upfront. It’s a real cost, so factor it into your decision. That said, don’t just go for the cheapest—experience and speed matter too.
4. Ask about turnaround time. Some ANAs will appoint an adjudicator faster than others. If speed is critical (and it often is when you’re out of pocket), ask how long their typical process takes. The law gives them timeframes, but some are faster than others in practice.
5. Confirm they understand your state’s rules. Security of Payment legislation varies between states. Make sure the ANA you pick actually operates in your state and knows that specific Act inside out.

Common ANAs in Australia

Across most states, you’ll see ANAs like the Australian Disputes Centre, the Australian Institute of Arbitrators and Mediators (AIAM), and various specialist construction adjudication bodies. Each has a website with fee schedules, information about their adjudicators, and their registration status. Spend 20 minutes reading their pages before you commit. It’s worth it.

If you’re in a smaller state (Tasmania, ACT), the pool of ANAs may be smaller. That’s okay—just make sure whoever you pick is genuinely registered for your jurisdiction.

The Bottom Line

Nominating an ANA is a compulsory step, not optional. Don’t rush it. Pick one that’s registered, has construction experience, is transparent about fees, and operates in your state. If you’re unsure, contact a couple and ask questions—a good ANA will be clear and helpful.

Getting this right sets you up for a cleaner process down the track. It’s a small decision that can make a real difference to how smoothly your claim moves forward.