Guide · Security of payment
Security of payment in Australia,
state by state
Every state and territory gives you a statutory right to be paid for construction work, and a fast adjudication process when you are not. The deadlines are short, they differ in every jurisdiction, and missing one usually means waiting for the next claim or losing the dispute by default. This hub compares all eight Acts and links to a full guide for each.
8 jurisdictions · updated July 2026 · not legal advice
What is security of payment?
Security of payment legislation gives anyone carrying out construction work, or supplying related goods and services, a statutory right to progress payments and a fast adjudication process to recover them. It operates alongside your contract and cannot be contracted out of.
Seven of the eight jurisdictions follow the East Coast model: you serve a payment claim, the respondent must answer with a payment schedule within a fixed number of business days, and if they schedule less than you claimed, or do not pay, you can take the dispute to a rapid adjudication. If the respondent misses the schedule deadline entirely, the claimed amount generally becomes a debt due in full. The Northern Territory uses the West Coast model instead: the Act implies payment terms into contracts that lack them, and either party can take a payment dispute to adjudication within a single window.
The catch is that every deadline is different in every state, and most of them are measured in business days that exclude different things. The table below compares the numbers that decide most disputes.
How do the deadlines compare across states?
Key statutory deadlines under each Act. Business days exclude weekends and public holidays plus each Act’s end-of-year shutdown: 27 to 31 December in NSW, SA, TAS and the ACT, but 22 December to 10 January in VIC, QLD and WA. The NT counts working days and shuts down 25 December to 7 January. Contracts can set shorter response periods where the Act allows it, so always read yours.
| Jurisdiction | Act | Payment schedule due | Payment due (default cap) | Adjudication window |
|---|---|---|---|---|
| NSW | Building and Construction Industry Security of Payment Act 1999 (NSW) | 10 business days after the claim, or earlier contract time (s 14(4)) | Head contractor 15 business days, subcontractor 20 (s 11(1A), (1B)) | 10 or 20 business days depending on the trigger (s 17(3)) |
| VIC | Building and Construction Industry Security of Payment Act 2002 (Vic) | 10 business days after the claim, or earlier contract time (s 15(4)) | Default 10 business days; terms beyond 20 business days have no effect (s 12(1), (1B)) | 5 or 10 business days depending on the trigger (s 18(3)) |
| QLD | Building Industry Fairness (Security of Payment) Act 2017 (Qld) | 15 business days after the claim, or earlier contract time (s 76); not scheduling is an offence | Default 10 business days (s 73); caps of 15 and 25 (QBCC Act ss 67W, 67U) | 20 or 30 business days depending on the trigger (s 79(2)) |
| WA | Building and Construction Industry (Security of Payment) Act 2021 (WA) | 15 business days after the claim, or earlier contract time (s 25(1)) | Head contractor 20 business days, subcontractor 25; contract can only shorten (s 20) | 20 business days after you first become entitled to apply (s 28(4)) |
| SA | Building and Construction Industry Security of Payment Act 2009 (SA) | 15 business days after the claim, or earlier contract time (s 14(4)) | 15 business days after the claim if the contract is silent (s 11(1)(b)) | 15 or 20 business days depending on the trigger (s 17(3)) |
| TAS | Building and Construction Industry Security of Payment Act 2009 (Tas) | 10 business days after the claim; 20 for a homeowner respondent (s 19(3)) | Contract date, else tied to the s 19(3) schedule deadline (s 15(2)) | 10 or 20 business days depending on the trigger (s 21) |
| ACT | Building and Construction Industry (Security of Payment) Act 2009 (ACT) | 10 business days after the claim, or earlier contract time (s 16(4)) | Earlier of 15 business days after the claim and the contract date (s 13(1)) | 10 or 20 business days depending on the trigger (s 19(3)) |
| NT | Construction Contracts (Security of Payments) Act 2004 (NT) | Notice of dispute within 10 working days if the contract is silent (Sch 1 cl 6) | Within 20 working days if silent; terms over 30 working days read down (Sch 1 cl 6, s 13) | 65 working days after the payment dispute arises (s 28(1)) |
General information, not legal advice. Deadlines depend on your contract and the current Act, and amendments move them. Verify against the Act and your executed contract, or get advice, before relying on any date here.
State guides
The full picture for each Act: who can claim, every deadline, the traps, and FAQs.
- 01Security of payment in New South WalesBuilding and Construction Industry Security of Payment Act 1999 (NSW)
- 02Security of payment in VictoriaBuilding and Construction Industry Security of Payment Act 2002 (Vic)
- 03Security of payment in QueenslandBuilding Industry Fairness (Security of Payment) Act 2017 (Qld)
- 04Security of payment in Western AustraliaBuilding and Construction Industry (Security of Payment) Act 2021 (WA)
- 05Security of payment in South AustraliaBuilding and Construction Industry Security of Payment Act 2009 (SA)
- 06Security of payment in TasmaniaBuilding and Construction Industry Security of Payment Act 2009 (Tas)
- 07Security of payment in the Australian Capital TerritoryBuilding and Construction Industry (Security of Payment) Act 2009 (ACT)
- 08Security of payment in the Northern TerritoryConstruction Contracts (Security of Payments) Act 2004 (NT)
Free tool
Turn a claim date into every deadline that runs from it
Pick your state, say whether you served or received the payment claim, and get the payment schedule, payment and adjudication deadlines computed business-day aware, each citing the section it comes from.
Open the deadline calculatorFrequently asked questions
Is security of payment the same in every Australian state?
No. Every state and territory has its own Act with different deadlines, and they are not interchangeable. Most follow the East Coast model of payment claims, payment schedules and adjudication, while the Northern Territory uses the West Coast model of implied contract terms and a single adjudication window. Always work from the Act where the construction work is carried out.
What happens if a respondent misses the payment schedule deadline?
In East Coast model states, a respondent who does not serve a payment schedule in time generally becomes liable for the full claimed amount as a statutory debt, which the claimant can recover in court or take to adjudication. It is one of the most expensive administrative misses in construction, which is why the response deadline matters more than almost any other date.
Can I contract out of security of payment legislation?
No. Every Australian security of payment Act voids contract provisions that attempt to exclude, modify or restrict the operation of the Act. Pay-when-paid provisions are also unenforceable in every jurisdiction. Your contract can give you more than the Act, but it cannot take away the statutory minimums.
General information, not legal advice. Deadlines depend on your contract and the current Act. Verify against the legislation for your state, or get advice, before relying on anything here.
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