Skip to content
Demiton
Demiton
Security of Payment guide
Security of Payment / Payment schedules

When is a payment schedule due?

A payment schedule is the written answer to a payment claim: the amount the other side will pay and, if it is less than the claim, why. 7 of the 8 Security of Payment Acts give it between 10 and 15 business days from the claim. In 7 of the 8, a schedule that misses the window makes the full amount payable.

Every state's schedule window

Counted from the day the claim is served. The last column is when the money itself is due, which is a separate window.

StateSchedule due after the claimIf it is latePayment due
New South Wales10 business dayss 14(4)you are liable for the full amountBe paid within 15 business days of a payment schedule (or of the claim if none is given) (head contract)s 11(1A)Be paid within 20 business days of a payment schedule (or of the claim if none is given) (subcontract)s 11(1B)
Queensland15 business dayss 76(1), s 77you are liable for the full amountBe paid within 10 business days of a payment schedule (or of the claim if none is given)s 73(1)(b)
Victoria10 business dayss 15(4)you are liable for the full amountBe paid by the contract's due date, and never later than 20 business days after the claims 12(1), (1B)
Western Australia15 business dayss 25(1), s 26you are liable for the full amountBe paid within 20 business days of a payment schedule (or of the claim if none is given) (head contract)s 20(1)Be paid within 25 business days of a payment schedule (or of the claim if none is given) (subcontract)s 20(1)
South Australia15 business dayss 14(4)you are liable for the full amountBe paid within 15 business days of the claim where the contract sets no dates 11(1)(b)
Tasmania10 business dayss 19(2), (3)(b)you are liable for the full amountBe paid within 10 business days of the claim where the contract sets no dates 15(2)
Australian Capital Territory10 business dayss 16(4)you are liable for the full amountBe paid within 15 business days of the claims 13(1)
Northern Territory10 working dayss 20, Sch 1 cl 6(2)(a)a breach of contractBe paid within 30 working days of the claim at the latests 13, Sch 1 cl 6(2)(b)

Northern Territory has no payment schedule. Its Act asks for a notice of dispute instead: receive a notice of dispute, and payment of the undisputed part, within 10 working days of each claim (s 20, Sch 1 cl 6(2)(a)).

Counting it on a real date

Business days skip weekends, the state's public holidays and its Act's Christmas break, so the same 10 business days lands on different dates in different states. The deadline calculator counts it for you. If the schedule pays less than you claimed, the next window is the adjudication application.

What this page is, and is not

It is the section text this library holds for each state's Act, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act and the contract you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Common questions

When is a payment schedule due?

NSW (s 14(4)), VIC (s 15(4)), TAS (s 19(2), (3)(b)), ACT (s 16(4)): 10 business days. QLD (s 76(1), s 77), WA (s 25(1), s 26), SA (s 14(4)): 15 business days. NT (s 20, Sch 1 cl 6(2)(a)): 10 working days.

What happens if a payment schedule is late?

The library records the cost for the party that owed the schedule. NSW (s 14(4)), QLD (s 76(1), s 77), VIC (s 15(4)), WA (s 25(1), s 26), SA (s 14(4)), TAS (s 19(2), (3)(b)), ACT (s 16(4)): you are liable for the full amount. NT (s 20, Sch 1 cl 6(2)(a)): a breach of contract.

When does the money have to be paid?

NSW (s 11(1A)): Be paid within 15 business days of a payment schedule (or of the claim if none is given) (head contract). NSW (s 11(1B)): Be paid within 20 business days of a payment schedule (or of the claim if none is given) (subcontract). QLD (s 73(1)(b)): Be paid within 10 business days of a payment schedule (or of the claim if none is given). VIC (s 12(1), (1B)): Be paid by the contract's due date, and never later than 20 business days after the claim. WA (s 20(1)): Be paid within 20 business days of a payment schedule (or of the claim if none is given) (head contract). WA (s 20(1)): Be paid within 25 business days of a payment schedule (or of the claim if none is given) (subcontract). SA (s 11(1)(b)): Be paid within 15 business days of the claim where the contract sets no date. TAS (s 15(2)): Be paid within 10 business days of the claim where the contract sets no date. ACT (s 13(1)): Be paid within 15 business days of the claim. NT (s 13, Sch 1 cl 6(2)(b)): Be paid within 30 working days of the claim at the latest.