South Australia runs the Building and Construction Industry Security of Payment Act 2009 (SA) — an East-Coast-style system close in concept to NSW, but with its own Act, timing and adjudication bodies. If you have worked under the NSW Act it will feel familiar, but always use SA's Act and deadlines.
New to how this works? Start with Security of Payment explained.
The payment claim process
- Payment claim for a progress payment.
- Payment schedule — the respondent must reply within the contract time or 15 business days of the claim, whichever is earlier, stating what they will pay and why (SA legislation: the Act).
- If they do not provide a schedule, you give notice and they get a short further window before you can go to adjudication.
Adjudication timeframes
- Where no payment schedule was given, after the notice period you have 10 business days to lodge an adjudication application with a nominated adjudication body.
- The respondent has 5 business days to lodge an adjudication response — and a respondent who never gave a payment schedule cannot respond at all.
- The adjudicator decides within 10 business days. If no payment date is set, the respondent pays within 5 business days of the determination.
Common mistakes
- Assuming SA timing matches NSW exactly — the principle is the same but the deadlines are SA's own.
- Letting the adjudication window lapse after a missed payment.
- Forgetting that a respondent who skipped the payment schedule loses the right to argue at adjudication.
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