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Monies owed complaint
A monies owed complaint can be used to notify us when a QBCC licensee has not paid money that they are liable and due to pay.
Owed money by a QBCC licensee?
You can use a monies owed complaint to notify us 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. We also can't make a party pay, however action taken by QBCC may assist in encouraging payment.
The purpose of the complaint is to alert us to possible payment offences or signal 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 these significant 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, can't 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.
Evidence of monies owed
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.
How to lodge a monies owed complaint
It is free to lodge a monies owed complaint and there is no time limitation for lodgement.
You do not need to login or register for myQBCC to complete a monies owed complaint on myQBCC.
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Gather digital copies of the debt including the invoice, contract or similar agreement showing the:
- 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.
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You will need to
- complete all sections of the form
- upload supporting evidence
- submit the form.
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Gather copies of the debt including the invoice, contract or similar agreement showing the:
- 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.
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Download and complete:
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Lodge the form and copies of all supporting evidence it to us:
- in person at a QBCC service centre
- by mail.
What happens next?
Once lodged, the QBCC will assess the complaint and contact you within ten business days.
The QBCC will investigate the complaint. We can't make the other party pay, however action taken by the QBCC such applying demerit points or suspending or cancelling the person’s licence can encourage prompt payment of the debt.
You may also want consider other options open to you including:
- suspending work
- lodging subcontractors’ charges
- commencing legal proceedings (QCAT or court).