Security of Payment deadlines, state by state: the numbers that get you paid
Which Act sets my deadlines?
The Security of Payment Act of the state or territory where the construction work is carried out — not where your company is registered, and not what the contract says. If that's news, start with the plain-English guide to Security of Payment; this article is the companion piece with the actual numbers.
Seven of the eight Acts follow the East Coast model — payment claim, payment schedule, adjudication. The Northern Territory runs the different West Coast model, covered separately below. For the three biggest states there are full walkthroughs: NSW, Victoria and Queensland.
Two things before the tables. These are the statutory defaults and caps current at 31 August 2026 — your contract can give you more than the Act does, but never less. And the clocks mostly run in business days, which in NSW, Victoria and Queensland exclude weekends, public holidays and 22 December to 10 January inclusive — check your state's definition before relying on a December deadline.
When can I serve a payment claim, and how far back can I reach?
| State | When you can serve a claim | How far back a claim can reach | Must it say it's made under the Act? |
|---|---|---|---|
| NSW | On and from the last day of each month — reference dates were abolished | Your contract's period or 12 months after the work was last carried out, whichever is later | Yes — s 13(2)(c) |
| VIC | On and from the last day of each month — reference dates gone since 15 April 2026 | After the job: the later of the contract's period, or 6 months after practical completion or last supply (was 3 months under the old Act) | Yes — s 14(2)(e) |
| QLD | The times your contract states or, at latest, from the last day of each month | Interim: the later of the contract's period or 6 months after the work. Final: as late as 28 days after the last defects liability period ends | No — a written document that identifies the work, states the amount and asks for payment is a claim |
| WA | On and from the last day of each month | 6 months after the work was last carried out; final claims up to 28 days after the last defects liability period ends | Yes — s 24 |
| SA | From each reference date — the old model, so the contract's claim dates still matter | 6 months after the work was last carried out | Yes |
| TAS | From each reference date | Your contract's period or 12 months after the work, whichever is later | Yes |
| ACT | On and from the last day of each month | 12 months after the work or supply | Yes |
| NT | Different structure entirely — see the NT section below | ||
Three things jump out of that table. First, the reach-back limit halves as you cross some borders: a Sydney subcontractor has 12 months to sweep up unclaimed work, an Adelaide or Perth one has 6. The habit that makes the limit irrelevant is the same everywhere — claim every month and nothing falls off the back. Second, South Australia and Tasmania still run on reference dates, so in those states the contract's payment claim clause does real work and is worth reading before you sign. Third, Queensland's "every invoice is a claim" rule cuts both ways: no magic words needed, but a sloppy invoice that understates the month is the claim the Act enforces.
Victoria's numbers are new: the 15 April 2026 reforms abolished reference dates and the excluded amounts regime, doubled the long-stop, and capped payment terms. Any claim served before that date still runs under the old rules — the Victorian walkthrough covers both.
How long does the builder have to answer, and when is payment due?
| State | Payment schedule due within | Payment due on a subcontract | Adjudication after a short schedule |
|---|---|---|---|
| NSW | Contract period or 10 business days, whichever is earlier | Capped at 20 business days after the claim, whatever the contract says | Apply within 10 business days of receiving the schedule |
| VIC | Contract period or 10 business days, whichever is earlier | 10 business days unless the contract expressly says longer; anything past 20 business days snaps back to 10 | Apply within 10 business days of receiving the schedule |
| QLD | Contract period or 15 business days, whichever is earlier | Contract date, capped at 25 business days; 10 business days if the contract is silent | Apply within 30 business days of receiving the schedule |
| WA | 15 business days, or less if the contract says so | Capped at 25 business days after the claim (20 on head contracts) | Apply within 20 business days of receiving the schedule |
| SA | Contract period or 15 business days, whichever is earlier | Contract date; 15 business days if the contract is silent | Apply within 10 business days of receiving the schedule |
| TAS | Contract period or 10 business days, whichever is earlier | Contract date; 10 business days if the contract is silent | Apply within 10 business days of receiving the schedule |
| ACT | Contract period or 10 business days, whichever is earlier | Contract date; 10 business days if the contract is silent | Apply within 10 business days of receiving the schedule |
| NT | No payment schedule regime — a rejected or unpaid claim becomes a payment dispute | Implied terms: within 28 days of the claim; terms past 50 days are read down to 28 | Apply within 65 working days of the dispute arising |
Read your payment schedule the day it lands. In most states the adjudication clock starts from receipt of a short schedule, and 10 business days disappears fast on a live project. Queensland's 30 and WA's 20 are more forgiving, but the discipline is the same: diarise the deadline the day the schedule arrives, not the day you decide to fight.
What happens if the builder just ignores the claim?
Everywhere on the East Coast model, silence is expensive: serve no payment schedule in time and the respondent becomes liable for the full claimed amount on the due date, recoverable as a debt. What differs is the second chance:
- NSW — you give notice of intention to adjudicate within 20 business days after the due date, and the respondent gets a 5 business day second chance to schedule.
- Victoria — notice within 10 business days, a 2 business day second chance.
- WA — notice within 20 business days, then a further window to apply once the last-chance schedule window closes.
- Queensland — no second chance at all. A respondent who ignored the claim has also committed an offence, and turns up to any adjudication with no right to lodge reasons.
What's different in the Northern Territory?
The NT's Construction Contracts (Security of Payments) Act 2004 is the last of the West Coast model. There is no statutory payment claim endorsement and no payment schedule. Instead, your claim runs under the contract, and a payment dispute arises when it's rejected, disputed or simply not paid by the due date. From there you have 65 working days to apply for adjudication — the longest window in the country, attached to the most different process.
Where the contract is silent, the Act implies terms: the respondent must respond to a claim within 14 days and pay within 28 days, and a clause pushing payment beyond 50 days is read down to 28. Pay-when-paid is prohibited in the NT just as it is everywhere else.
What's the same in every state?
- Pay-when-paid clauses are void. Everywhere, without exception.
- You cannot contract out. A clause purporting to exclude or modify the Act is void; the statutory rights sit on top of whatever the subcontract says.
- Adjudication is documents-only. The subcontractor with the organised project file — notices served on time, written directions, dated photos — usually wins. The Act opens the door; your paperwork carries the claim through it.
The cross-border trap
The same builder, the same contract template, a project one state over — and every clock changes. A Melbourne sub taking Sydney work gains six months of reach-back; the reverse trip loses it. A crew used to Queensland's automatic claims serves an unendorsed invoice in Victoria and it isn't a payment claim at all.
This is why the state of each project belongs in your project setup, not in your head. SubSync's contract notices module tracks the statutory and contractual deadlines for the state the project is actually in, counted in that Act's business days, and the AI Commercial Reviewer flags payment terms that fall outside the applicable Act's caps before you sign. Upload the subcontract and see what the payment clause really commits you to — free for your first review.