{"id":"nsw:sl-2026-0325","name":"Annual Holidays Regulation 2026","slug":"annual-holidays-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"325 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":506616,"registerId":"nsw-nsw:sl-2026-0325-current","compilationNumber":null,"startDate":"2026-07-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Annual Holidays Regulation 2026](/view/html/inforce/current/sl-2026-0325).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Annual Holidays Regulation 2021](/view/html/repealed/current/sl-2021-0288), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Annual Holidays Act 1944](/view/html/inforce/current/act-1944-031).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Calculating ordinary pay for payment of annual holidays or annual leave—bonuses","content":"#### 4 Calculating ordinary pay for payment of annual holidays or annual leave—bonuses\n\n4 Calculating ordinary pay for payment of annual holidays or annual leave—bonuses\n\n> For the Act, section 2(6), the prescribed annual amount of a worker’s ordinary pay is the greater of the following—\n> \n> > (a) $144,000,\n> \n> > (b) the amount calculated, from time to time, in accordance with the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth, regulation 2.13.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Annual Holidays Regulation 2021](/view/html/repealed/current/sl-2021-0288) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Annual Holidays Regulation 2021](/view/html/repealed/current/sl-2021-0288), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied material does not contain the substantive provisions of the Annual Holidays Regulation 2026, only metadata and status information. There is no basis in the provided text to determine whether the regulation's scope has been expanded beyond its original purpose. To assess scope changes (whether the instrument grows beyond its original intent), I need the full regulation text and any prior version(s) for comparison."},"complexity_factors":["Provided document contains only website navigation and status metadata; no substantive clauses to analyse.","Clear cross-references in metadata to two Acts: Interpretation Act 1987 (s45C certification) and Subordinate Legislation Act 1989 (automatic repeal/sunset), indicating interaction with other legislation.","Likely high conditionality in the full regulation (typical Annual Holidays regulations contain many defined terms and conditional rules for different employee categories).","Potentially multiple cross‑references to awards, the Fair Work Act or state industrial relations instruments (adds analytical complexity).","Possible transitional provisions and staged repeal (metadata notes automatic repeal), which add temporal layers to obligations.","Uncertainty about definitions (without text, cannot count defined terms; typical instruments have 20–40 defined terms)."],"plain_english_summary":"**What you gave me**\n\nThe file you provided is the public website header and status metadata for something called the \"Annual Holidays Regulation 2026\". It does not contain the substantive text of the regulation (the legal clauses that set out rights, obligations, definitions, penalties or processes). The visible items are navigation, site boilerplate and a short status block saying the version is \"current from 03/07/2026\" and that the instrument is due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2031. It also records that the Parliamentary Counsel's Office has certified the version under section 45C of the Interpretation Act 1987.\n\n**Because the substantive provisions are not present, I cannot say exactly what this regulation changes.** Below I set out what the metadata tells us, what a typical \"Annual Holidays\" regulation usually covers, who would normally be affected, why those points matter, and what to check next.\n\n\n**What the metadata actually says (mechanics)**\n\n- This is a subordinate instrument (a regulation) titled \"Annual Holidays Regulation 2026\"; the website shows the in-force version dated 3 July 2026. (Source: page header/status.)\n- The instrument has been certified by the Parliamentary Counsel's Office under Interpretation Act 1987 s45C (meaning the text on the site is the certified version of the instrument).\n- The instrument is currently scheduled to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2031. That is a statutory sunset mechanism (a future expiry date unless re-made).\n\n\n**What a full Annual Holidays regulation normally does (if you need a checklist of likely content)**\n\n- Defines key terms (employee types, ordinary pay, service, week, public holidays). Check the definitions section first.\n- Sets entitlement rules: how many weeks of paid annual leave accrue, the rate at which they accrue, and who accrues (permanent, fixed-term, casual — each may be treated differently).\n- Prescribes how leave is taken and paid: notice required, employer directions, cashing-out rules, payment on termination, leave loading or inclusions into ordinary pay.\n- Provides conversion and pro‑rata rules for part‑time and short‑service employees.\n- Establishes record‑keeping and employer notice obligations and possible penalties for non‑compliance.\n- Cross-references and interaction rules with the Fair Work Act, National Employment Standards or relevant state industrial relations laws and modern awards.\n\n\n**Who is normally affected (if this regulation follows the common pattern)**\n\n- Employers in the relevant jurisdiction (likely NSW, given the website) who must calculate, accrue and pay annual leave.\n- Employees entitled to paid annual leave (permanent full‑time, part‑time; sometimes long‑service and casuals treated specially).\n- Payroll and human resources functions — they bear compliance costs and operational changes.\n\n\n**Why it matters (practical effects and who pays/decides)**\n\n- Employers bear the direct cost of paid leave and compliance costs (recordkeeping, payroll systems, administration) — those costs affect pricing and labour decisions.\n- Employees receive time off and pay protections; the detailed drafting determines whether entitlements are more or less generous than previously.\n- The regulation’s interaction with awards and primary legislation determines whether employers need to change contracts or payroll practice.\n\n\n**Risks, trade‑offs and implementation points to check (concrete mechanics to review once you have the full text)**\n\n- Cross-references: whether the regulation alters or clarifies interaction with Commonwealth laws (e.g. Fair Work Act) or other NSW industrial laws.\n- Definitions: narrow or broad definitions can shift who accrues leave (e.g. treatment of casuals or irregular employees).\n- Cashing out and payment-on-termination rules: these change employers' cashflow and employees' ability to realise entitlements.\n- Notice and direction powers: how easily employers can direct leave timing affects business scheduling and employee choice.\n- Penalties and enforcement: whether non-compliance attracts fines, and which regulator enforces the rules.\n- Transitional provisions: whether existing accrued leave or employment contracts are grandfathered or varied.\n\n\n**What I need to do a proper, clause‑level analysis**\n\n- The full text of the regulation (all clauses, definitions, schedules and any explanatory notes or instrument-making notes).\n- Any parent Act or primary instrument it relies on or amends.\n\nIf you can paste the regulation text (or provide a link to the instrument text itself rather than the website shell), I will produce a clause-by-clause plain English summary, identify who pays and who decides for each measure, test the stated purpose against costs and incentives, and flag specific compliance burdens and likely unintended consequences with section citations."}},"importantCases":[],"_links":{"self":"/api/acts/annual-holidays-regulation-2026","history":"/api/acts/annual-holidays-regulation-2026/history","analysis":"/api/acts/annual-holidays-regulation-2026/analysis","conflicts":"/api/acts/annual-holidays-regulation-2026/conflicts","importantCases":"/api/acts/annual-holidays-regulation-2026/important-cases","documents":"/api/acts/annual-holidays-regulation-2026/documents"}}