A show cause notice is a formal written request to explain yourself before someone with authority takes action against you. In Australia you will meet it in two main places. An employer sends one during a disciplinary process, asking why action such as a warning or dismissal should not follow. A council or other regulator can send one when it believes unlawful development has happened, before it decides whether to issue an enforcement notice. The rules, deadlines and risks differ, so first work out which one is in your hand, then respond in writing, on time, and with evidence.
We are Queensland town planners, so we spend most of our time on the second type. This guide covers both, with the most detail on council notices about property and development.
TL;DR
- A show cause notice is a request to explain, not a final decision. It is your chance to put your side before action is taken.
- Check who sent it and under what law: an employer (disciplinary process) or a council (Planning Act 2016 in Queensland).
- Respond in writing, factually and calmly, before the deadline. If you need more time, ask in writing and give reasons.
- Get advice early: an employment lawyer or union for a workplace notice, a town planner or planning lawyer for a council notice.
- Ignoring the notice usually means the sender decides on the evidence it already has.
Table of Contents
- Which kind of show cause notice did you receive?
- Show cause notices from an employer
- Show cause notices from a Queensland council
- How to respond to a council show cause notice
- Our perspective
- Getting help with a planning-related notice
- Common mistakes with any show cause notice
- FAQ
- Sources
Which kind of show cause notice did you receive?
Look at the letterhead and the first paragraph. Three questions sort it out quickly.
| Question | Workplace notice | Council or regulator notice |
|---|---|---|
| Who sent it? | Your employer or their HR team | A local council, state agency or other enforcement authority |
| What is it about? | Alleged misconduct, poor performance, safety breaches, bullying | Alleged unlawful building, use of land, or breach of a development approval |
| What could follow? | A warning, an improvement plan or dismissal | An enforcement notice requiring you to stop, remove or fix something |
| Who should you call first? | Employment lawyer, union, or free legal aid service | Town planner or planning lawyer |
Trader and licensing regulators, such as state fair trading bodies, also issue show cause notices to builders and other licensees. Those follow the regulator's own process, so read the notice closely and take licensing advice.
Show cause notices from an employer
In the workplace, a show cause notice sets out alleged conduct and asks the employee to explain why disciplinary action should not be taken. Employment lawyers describe it as a document used mostly for serious misconduct, but also for performance issues, health and safety breaches or bullying.
What a fair notice should contain
There is no single template. A notice should identify the issue, detail the allegations and the supporting evidence, state the proposed disciplinary action, and say how and by when you must respond, as Armstrong Legal explains. That matters because, when the Fair Work Commission decides whether a dismissal was harsh, unjust or unreasonable, it looks at whether there was a valid reason, whether the employee was notified of it, and whether they had an opportunity to respond.
The Commission treats that opportunity to respond as a core part of procedural fairness. It must be a genuine chance to change the employer's mind, not a tick-box exercise.
How to respond to a workplace notice
- Read it twice and note the deadline. Write down each allegation separately.
- Gather evidence. Emails, messages, rosters, timesheets and witness statements. Practitioner guidance suggests a factual, calm, written response by the stated deadline.
- Get advice before you send anything. Legal Aid NSW says employees accused of misconduct should seek prompt legal advice, particularly where the allegations could involve criminal conduct, because what you tell your employer can be used as evidence.
- Answer each allegation. Admit what is true, explain context, and correct what is wrong. Avoid personal attacks.
- Ask for more time in writing if you need it. Give your reasons and suggest another date and time.
- Keep copies of everything you send and receive.
How much time should you get?
There is no fixed number of days. Legal Aid NSW says your employer should give you a reasonable amount of time, depending on your situation and what you need it for, such as legal advice, illness or arranging a support person. A very short deadline for a complex allegation is a point worth raising in writing.
Meetings and support people
Employees generally have to follow lawful and reasonable directions to attend meetings, but not when sick or unable to attend at that time because of carer responsibilities, according to Legal Aid NSW. The Fair Work Commission notes there is no blanket duty to provide a support person, but an unreasonable refusal of a support person in a dismissal-related meeting can contribute to a finding of unfair dismissal. Ask for one in writing.
What happens after you respond
Your employer should review your response and any documents or statements before choosing between no action, a warning or improvement plan, or termination, as one employment firm sets out. If you miss the deadline, the employer may proceed on the evidence it already has. The same source notes that employers are not generally required to give one or three warnings, but should usually give a chance to fix performance issues.
Two more points. Workplace investigations do not need proof beyond reasonable doubt, so an employer can act on evidence that would not secure a criminal conviction, Legal Aid NSW states. And if you are dismissed, time limits are strict: the 21-day window for an unfair dismissal claim is the one to diarise immediately.
Show cause notices from a Queensland council
This is the version that lands on property owners, developers and business operators, and the one we deal with most.
Under section 167 of the Queensland Planning Act 2016, an enforcement authority that reasonably believes someone has committed, or is committing, a development offence, and is considering an enforcement notice, must first give a show cause notice. That notice must:
- say the authority is considering an enforcement notice
- outline the facts and circumstances behind that view
- say you may make representations, and how
- state a day and time, or a period, for making them
The Act also carves out particular situations, such as development causing erosion, sedimentation or environmental nuisance, and certain heritage matters, where the process differs. Read section 167 itself or have a planner read it with you.
What triggers one
Councils regulate building and development under the Planning Act 2016 and the Building Act 1975. Brisbane City Council says developments need the relevant approvals before work starts, including residential and commercial projects, operational work like filling and excavation, and changing how premises are used (a material change of use, for example turning retail space into an office). Owners and builders must also comply with approval conditions.
In our experience across Brisbane and South East Queensland, the usual triggers are:
- a dual occupancy, granny flat or extra dwelling built or used without the right approval
- a business operating from a site where the use was never approved, such as a childcare centre, office or warehouse tenancy
- earthworks, filling or clearing done without operational work approval
- departures from approval conditions: landscaping, car parking, hours of operation, number of dwellings or rooms
- a neighbour complaint that prompts a site inspection
A notice is not proof of guilt. It records what the authority believes and invites your reply.
Why the response matters
The show cause stage is the cheapest point to fix a problem. A good response can show that the work was approved, that the use is lawful (for example existing use rights), that the facts are wrong, or that you have a credible plan to regularise things. A weak or missing response leaves the authority free to issue an enforcement notice on the facts it already holds. We can never promise an outcome, because the decision is the authority's, but a well-prepared response gives it the full picture.
How to respond to a council show cause notice
Step 1: Diarise the deadline and read the facts
The notice must state a day and time, or a period. Put it in your calendar with a reminder well ahead. Check the property address, the lot and plan, the dates alleged and the section of the Act cited. Mistakes in these details are worth noting.
Step 2: Pull your records
Collect the approvals you hold, and check what the council has on file. Brisbane City Council points to its development application lookup for checking applications and approval status. Gather:
- decision notices and approved plans
- building certificates and final inspection records
- lease or sale documents showing how long a use has operated
- photos with dates, invoices and contractor details
Step 3: Work out what is really at issue
Separate the questions. Was approval needed at all? If it was, was it obtained? If it was, are you complying with conditions? The answers lead to quite different responses. This is where a planner earns their fee: reading the planning scheme, zoning, overlays and assessment benchmarks against what is physically on the land.
Step 4: Decide the path forward
Typical outcomes we help clients consider, depending on the facts:
- Show it was lawful. Approvals or existing use rights already cover it.
- Fix it. Remove or modify the work, or stop the use, within a timeframe you propose.
- Regularise it. Lodge a development application, or an application to change an existing approval, so that the use or structure is properly assessed. Our guide to the development application process in Queensland walks through what that involves.
A retrospective application is assessed like any other. It may be approved, approved with conditions or refused, so never assume the result.
Step 5: Write the representation
Keep it short, factual and organised. Open with the property and notice reference. Respond to each stated fact. Attach evidence, labelled. State what you propose to do and by when. Keep the tone cooperative. Send it by the stated method, before the deadline, and keep proof of sending.
Step 6: Ask for more time properly
If you need to obtain a report, engage a planner or gather records, ask in writing before the deadline, say why, and propose a new date. Do not wait until the last day.
What to avoid
- Ignoring the notice because the work "was only minor"
- Admitting offences in an emotional email before you understand the law
- Carrying on with the activity while the matter is open
- Lodging a rushed application without addressing the allegations
- Speaking to neighbours or the council officer in ways that create a record you later regret
Where the allegations might expose you to prosecution or penalties, speak to a planning lawyer as well as a planner. A planner handles the planning merits and the application. A lawyer handles liability.
Our perspective
Most council show cause notices we see are not about bad intentions. They come from a granny flat added without checking the zoning, a tenancy fitted out for a new use, or approval conditions that nobody on the project passed on to the owner. People often feel a notice is a verdict. It is closer to an invitation to show your case.
We would rather see a client before the notice arrives, but when one does, our approach is practical and commercial. We establish what approvals exist, what the planning scheme says about the site, and what the realistic options are: defend, fix or regularise. Then we weigh the cost and time of each path against what the property is worth to you. Sometimes the best answer is to undo a small non-compliance. Sometimes it is a properly prepared development application. We will tell you which, and we will never tell you an approval is certain, because no honest planner can.
— Jwal
Getting help with a planning-related notice
If your notice concerns a dwelling, subdivision, commercial use or an approval condition, Urbanza Town Planners can review the notice, the site and the planning scheme, and advise on your options. We work on dual occupancies, townhouses, subdivisions, childcare centres, offices, warehouses, service stations and special projects including compliance and changes to approvals, across Brisbane and South East Queensland. See our town planning services or check the areas we service.
We don't publish fixed fees, because the work depends on the site and the issue. Contact us with the notice and its deadline and we will tell you what we need to scope it. If you have an employment notice instead, a lawyer or union is the right first call, not a planner.
Common mistakes with any show cause notice
Whether the sender is an employer or a council, the same errors recur.
- Reacting before understanding. Take a day to read and plan, but not so long that you miss the deadline.
- Responding verbally only. Conversations get misremembered. Written responses create a clear record.
- Over-explaining. Answer what is alleged. Extra admissions can hurt.
- Missing documents. Evidence you meant to attach but did not is evidence the decision-maker never saw.
- Treating the deadline as flexible. Ask for an extension in advance, with reasons.
- Going alone when stakes are high. Loss of a job, a forced demolition or a prosecution are all reasons to take advice early. Employers are themselves advised to seek professional advice before formal disciplinary action.
FAQ
What does a show cause notice mean?
It is a formal notice that tells you what someone alleges and gives you a chance to respond before they decide what to do. It is not a final decision. Employers, councils and regulators all use them.
How long do I have to respond?
It depends on who sent it. For workplace notices there is no fixed period, but the employer should allow a reasonable time for your circumstances. For Queensland council notices, the notice itself states the day or period, and the Planning Act 2016 sets the requirements. Always ask for more time in writing before the deadline if you need it.
What happens if I don't respond?
The sender can proceed on the information it already has. An employer may continue the disciplinary process, and a council may go on to consider an enforcement notice. A silent response rarely helps you.
Can I bring a support person to a meeting?
For workplace meetings, ask in writing. The Fair Work Commission says an unreasonable refusal of a support person can count towards an unfair dismissal finding. Council processes are usually in writing, but you can have a planner or lawyer prepare and attend with you.
Do I need a town planner or a lawyer?
For a council notice about development, a town planner can assess approvals, the planning scheme and your options, and prepare any application. A planning lawyer is wise where penalties or prosecution are possible. For an employment notice, see an employment lawyer, union or legal aid service.
Sources
- Planning Act 2016 (Qld), section 167 Show cause notices
- Building and development complaints, Brisbane City Council
- What makes a dismissal unfair? Fair Work Commission
- Opportunity to respond, Fair Work Commission
- Unreasonable refusal of a support person, Fair Work Commission
- I am being investigated at work, Legal Aid NSW
- Disciplinary action FAQs, Legal Aid NSW
- Managing performance and warnings, Fair Work Ombudsman
- Disciplinary Meetings: What do I do? Working Women's Centre SA
- How To Respond to a Show Cause Letter
- Show Cause Notice, Armstrong Legal