Security of payment deadlines run in business days, differ by state, and differ again depending on what the other party did. Most of the wrong numbers in circulation come from applying one state's rule — or one scenario's window — everywhere. The tables below are the current figures, verified against the consolidated Acts.
How long they have to respond to your claim
Once a valid payment claim is served, the respondent must serve a payment schedule within the earlier of the period in the contract or the statutory maximum:
Advertisement
Sell to the construction trade?
Reach builders and subcontractors across the directory.
| Jurisdiction | Payment schedule due | Section |
|---|---|---|
| NSW | 10 business days | s14(4), Act 1999 |
| VIC | 10 business days | s15(4), Act 2002 |
| QLD | 15 business days | s76(1), BIF Act 2017 |
| WA | 15 business days | s25(1), Act 2021 |
| SA | 15 business days | s14(4), Act 2009 |
| TAS | 10 business days (20 where the claim concerns a residential structure and the respondent is the landowner, not a building practitioner) | Act 2009 |
| ACT | 10 business days | s16, Act 2009 |
| NT | No payment schedule regime — West Coast model. Implied term: 10 working days to give a notice of dispute | Sch 1, Act 2004 |
If no schedule arrives in time, the respondent generally becomes liable for the full claimed amount and loses the right to argue the merits in adjudication. Silence is the most expensive response available.
How long you have to apply for adjudication
There is not one adjudication deadline — there are three, depending on what happened:
| Jurisdiction | Schedule given, for less | Schedule given, not paid | No schedule at all |
|---|---|---|---|
| NSW | 10 bd from the schedule | 20 bd from the due date | 10 bd after the 5-day notice period — s17(3) |
| VIC | 10 bd from the schedule | 10 bd from the due date | 5 bd after the 5-day notice period — s18(3) |
| QLD | 30 bd | 20 bd from the due date | 30 bd — s79(2)(b) |
| WA | 20 business days after the entitlement arises in each case — s28(4) | — | — |
| SA | 15 bd from the schedule | 20 bd from the due date | 15 bd after the 5-day notice period — s17(3) |
| TAS | 10 bd | 20 bd | 10 bd after the 5-day notice — s21(3), s21(4) |
| ACT | 10 bd | 20 bd | 10 bd after the 5-day notice — s19(3) |
| NT | 65 working days after the payment dispute arises, in every case — s28(1) | — | — |
Two traps hide in this table. First, Queensland is not 10 business days — widely-repeated commentary says it is, but s79(2)(b) gives 30 where the schedule was for less than claimed. A subcontractor who believes the window has closed may abandon a claim that is live for another four weeks. Second, where no schedule was given, NSW, Victoria, South Australia, WA, Tasmania and the ACT require a notice of intention first, giving the respondent a further 5 business days — skip it and the application is invalid.
How far back you can claim
| Jurisdiction | Claim window | Section |
|---|---|---|
| NSW | Later of the contract period or 12 months after the work was last carried out | s13(4) |
| VIC | Day before the latest of the contract date or 6 months after practical completion | s14C (inserted by Act 43/2025) |
| QLD | Longest of the contract period or 6 months after the work was last carried out | s75(2) |
| WA | Later of the contract date or 6 months after the work was last carried out | s23(4) |
| SA | Later of the contract period or 6 months after the work was last carried out | s13(4) |
| TAS | Later of the contract period or 12 months after the work was last carried out | s17(6) |
| ACT | Later of the contract period or 12 months after the work was last carried out | s15(5) |
| NT | No statutory window — claim timing is left to the contract and the implied terms | Sch 1, Act 2004 |
Note Victoria: secondary sources still commonly cite three months — the shortest in the country. Act 43/2025 rewrote the section; it is six months from practical completion.
How long they can make you wait
Five jurisdictions cap payment terms outright — a contract term promising longer has no effect to that extent. South Australia and Tasmania cap nothing, which runs the opposite way to most national summaries. Queensland caps too, but not in its security of payment Act: the limits sit in the QBCC Act 1991, at 15 business days for a commercial building contract (s67W) and 25 for a construction management trade contract (s67U).
| Jurisdiction | Head contractor | Subcontractor |
|---|---|---|
| NSW — s11 | 15 business days | 20 business days |
| VIC — s12(1B) | 20 business days | 20 business days |
| WA — s20 | 20 business days | 25 business days |
| ACT — s13 | 15 business days | 15 business days |
| NT — s13 | 30 working days | 30 working days |
| SA | No statutory cap | No statutory cap |
| TAS | No statutory cap | No statutory cap |
Three rules for using any of this
- The Act that applies is where the work is performed — not where your office is, and not what the contract says.
- Count in business days using that state's public holidays. A cross-border contractor applying the wrong calendar can be out of time without noticing. The NT counts working days, and excludes 25 December to 7 January entirely — the opposite of the assumption most eastern-states contractors carry.
- Diarise all three adjudication scenarios the day you serve a claim, not the day a dispute appears.
Deadlines in this guide were verified against the consolidated legislation in August 2026. Legislation changes — check the current Act or get advice before acting on a specific date.
Sources
- legislation.nsw.gov.au · accessed 25 August 2026
- legislation.vic.gov.au · accessed 25 August 2026
- legislation.qld.gov.au · accessed 25 August 2026
- legislation.wa.gov.au · accessed 25 August 2026
- legislation.tas.gov.au · accessed 25 August 2026
- legislation.act.gov.au · accessed 25 August 2026
- legislation.nt.gov.au · accessed 25 August 2026
Published · Updated
