Monies Owed Complaint
Owed money by a QBCC licensee?
You can use a monies owed complaint to notify the QBCC when a QBCC licensee has not paid money they are liable and due to pay. A monies owed complaint can be used when the person or contracting party owing money is a QBCC licensee and:
- there is no dispute over the amount owed or disputes about the debt are finalised, or
- an order has been made by an adjudicator, court or tribunal to pay the debt and the due date for payment has passed.
How does a monies owed complaint work?
It’s important to understand that a monies owed complaint will NOT settle the disagreement and the QBCC cannot decide who is right or wrong. The QBCC also cannot make a party pay, however action taken by QBCC may assist in encouraging payment.
The purpose of the complaint is to alert the QBCC to possible payment offences or signal to the QBCC that a licensee has not met their minimum financial requirements.
This may result in the QBCC taking action against a licensee, including allocating demerit points, issuing infringement notices and fines or even licence suspension or cancellation.
Due to the significant these consequences, lodging a monies owed complaint may act as an incentive for the respondent to pay the debt.
Limitations of the monies owed complaint
The monies owed complaint, and therefore QBCC assistance, cannot be sought if:
- the payment dispute is currently involved in legal proceedings (court or QCAT) or is going through the adjudication process
- an adjudicator, court or tribunal decide the debt is not payable
- the licensee has commenced legal proceedings and has paid the disputed amount instead into the court as security until a decision is made.
The monies owed complaint must be accompanied by evidence of the debt including the invoice, contract or similar agreement which must include:
- name of the QBCC contractor licensee (individual or company)
- amount of the debt
- due date of the debt
- reason for the debt (for example, supply of paint)
- any correspondence with the licensee about the debt, extended payment terms, payment arrangements etc.
Lodging a monies owed complaint
It is free to lodge a monies owed complaint and there is no time limitation for lodgement.
Here’s how to lodge a monies owed complaint:
- complete the online form and submit with your supporting evidence through myQBCC
- download a print version (PDF, 1.03MB)
- or in person at a Contact Centre.
Once lodged, QBCC will contact you within ten business days.