{"id":"public-and-bank-holidays-act-1972","name":"Public and Bank Holidays Act 1972","slug":"public-and-bank-holidays-act-1972","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106302,"registerId":"wa-public-and-bank-holidays-act-1972-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public and Bank Holidays Act 1972","content":"![Crest]()Western Australia\n\nPublic and Bank Holidays Act 1972\n\nWestern Australia\n\nPublic and Bank Holidays Act 1972\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Construction of this Act to be subject to awards, orders, or agreements, made under *Industrial Relations Act 1979* 1\n\n5. Days fixed as public and bank holidays 2\n\n6. Saturdays to be bank holidays 2\n\n7. Special public or bank holidays and half‑holidays 2\n\n8. Power of Governor to alter day appointed for a public holiday or bank holiday 2\n\n9. Effect of proclamation under sections 7 and 8 on awards, orders, or agreements under *Industrial Relations Act 1979* 3\n\n10. Banks to be closed on bank holidays 3\n\nSecond Schedule — Public and bank holidays\n\nNotes\n\nCompilation table 6\n\n  \n\nPublic and Bank Holidays Act 1972\n\nAn Act to rationalise public and bank holidays and for purposes incidental thereto.\n\n##### 1. Short title\n\nThis Act may be cited as the *Public and Bank Holidays Act 1972* .\n\n##### 2. Commencement\n\nThis Act shall come into operation on a date to fixed by proclamation.\n\n##### 3. Construction of this Act to be subject to awards, orders, or agreements, made under *Industrial Relations Act 1979*\n\n(1) Unless it is otherwise expressly provided in this Act, any provision of an award, order, or industrial agreement made under the *Industrial Relations Act 1979* or an employer‑employee agreement under Part VID of the *Industrial Relations Act 1979* (an industrial instrument) prevails over a provision of or under this Act to the extent of any inconsistency with the industrial instrument.\n\n(2) A provision of an industrial instrument relating to public holidays applies to Easter Sunday regardless of whether the instrument makes reference to Easter Sunday.\n\n(3) However, a provision of an industrial instrument is of no effect to the extent that it substitutes another day for the Easter Sunday public holiday solely because Easter Sunday falls on a weekend.\n\n[Section 3 amended: No. 71 of 1987 s. 4; No. 13 of 1993 s. 103; No. 20 of 2002 s. 24; Gazette 15 Aug 2003 p. 3690; No. 30 of 2021 s. 123.]\n\n[**4.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 5. Days fixed as public and bank holidays\n\nSubject to this Act, the several days specified, or appointed under the power, in the Second Schedule shall be public holidays and bank holidays throughout the State.\n\n[Section 5 amended: No. 53 of 1983 s. 2.]\n\n##### 6. Saturdays to be bank holidays\n\nSaturday shall be a bank holiday throughout the State.\n\n[Section 6 inserted: No. 32 of 2004 s. 4.]\n\n##### 7. Special public or bank holidays and half‑holidays\n\n(1) The Governor may, from time to time, by proclamation —\n\n(a) appoint a special day specified in the proclamation to be a public holiday or bank holiday, or both;\n\n(b) appoint any part of any special day specified in the proclamation to be a public half‑holiday,\n\nin any year either throughout the State or within such district or locality as is specified in the proclamation, and in that case the special day or part thereof shall accordingly be a public holiday or bank holiday, or both, or public half‑holiday, as the case may be.\n\n(2) Where a proclamation is made under subsection (1), the Governor may, from time to time, vary or cancel it by subsequent proclamation published in the *Government Gazette* at least 3 weeks before the special day specified in the former proclamation.\n\n##### 8. Power of Governor to alter day appointed for a public holiday or bank holiday\n\n(1) The Governor may, from time to time, by proclamation declare that, instead of a day referred to in section 5, some other day shall be a public holiday or bank holiday, or both, in any year either throughout the State or within such district or locality as is specified in the proclamation, and in that case such other day shall accordingly be a public holiday or bank holiday, or both, as the case may be, instead of the day so referred to in that section.\n\n(2) A proclamation made under subsection (1) shall be published in the *Government Gazette* at least 3 weeks before the first day to be affected thereby.\n\n(3) Where a proclamation is made under subsection (1), the Governor may, from time to time, vary or cancel it by subsequent proclamation published in the *Government Gazette* at least 3 weeks before the first day to be affected thereby.\n\n[Section 8 amended: No. 6 of 1976 s. 2; No. 53 of 1983 s. 3; No. 71 of 1987 s. 5; No. 74 of 2003 s. 96.]\n\n##### 9. Effect of proclamation under sections 7 and 8 on awards, orders, or agreements under *Industrial Relations Act 1979*\n\nAny provision of a proclamation made under section 7 or 8 prevails over any provision of an award, order, or industrial agreement made under the *Industrial Relations Act 1979* to the extent of any inconsistency therewith.\n\n[Section 9 amended: No. 71 of 1987 s. 6.]\n\n##### 10. Banks to be closed on bank holidays\n\n(1) Subject to subsection (2), all banks in the State shall close their premises to the public on bank holidays.\n\n(2) A bank in the State is not required to close its premises to the public on a Saturday, if that Saturday —\n\n(a) is a bank holiday by virtue of section 6; and\n\n(b) is not a bank holiday or public holiday under any other section.\n\n[Section 10 amended: No. 32 of 2004 s. 5.]\n\n[First Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nSecond Schedule — Public and bank holidays\n\n[s. 5]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\nNew Year’s Day (1st January).\n\nAustralia Day (26th January or, when that day falls on a Saturday or Sunday, the first Monday following the 26th January).\n\nLabour Day (Monday on or first Monday following the 1st March).\n\nGood Friday.\n\nEaster Sunday.\n\nEaster Monday.\n\nAnzac Day (25th April).\n\nWestern Australia Day (Monday on or first Monday following the 1st June).\n\nCelebration Day for the Anniversary of the Birthday of the Reigning Sovereign (day to be appointed for each year by proclamation published in the *Government Gazette* at least 3 weeks before the day so appointed).\n\nChristmas Day (25th December).\n\nBoxing Day (26th December).\n\nWhen New Year’s Day, Anzac Day, or Christmas Day falls on a Saturday or Sunday the next following Monday is also a public holiday and bank holiday.\n\nWhen Boxing Day falls on a Saturday the next following Monday is also a public holiday and bank holiday.\n\nWhen Boxing Day falls on a Sunday or Monday the next following Tuesday is also a public holiday and bank holiday.\n\n[Second Schedule amended: No. 6 of 1976 s. 3; No. 53 of 1983 s. 4; No. 20 of 1992 s. 4; No. 8 of 2009 s. 103; No. 3 of 2012 s. 5; No. 30 of 2021 s. 124.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Public and Bank Holidays Act 1972* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | **Assent** | | **Commencement** | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| *Public and Bank Holidays Act 1972* | | | 63 of 1972 | | 31 Oct 1972 | | | 22 Jun 1973 (see s. 2 and *Gazette* 22 Jun 1973 p. 2367) | |\n| *Public and Bank Holidays Act Amendment Act 1976* | | | 6 of 1976 | | 25 May 1976 | | | 25 May 1976 | |\n| *Public and Bank Holidays Amendment Act 1983* | | | 53 of 1983 | | 13 Dec 1983 | | | 13 Dec 1983 | |\n| *Public and Bank Holidays Amendment Act 1987* | | | 71 of 1987 | | 22 Nov 1987 | | | 22 Nov 1987 (see s. 2) | |\n| *Public and Bank Holidays Amendment Act 1992* | | | 20 of 1992 | | 17 Jun 1992 | | | 1 Jan 1994 (see s. 2) | |\n| *Workplace Agreements Act 1993* s. 103 | | | 13 of 1993 | | 23 Nov 1993 | | | 1 Dec 1993 (see s. 2 and *Gazette* 30 Nov 1993 p. 6439) | |\n| **Reprint of the *Public and Bank Holidays Act 1972* as at 4 Jan 2002** (includes amendments listed above) | | | | | | | | | |\n| *Labour Relations Reform Act 2002* s. 24 | | | 20 of 2002 | | 8 Jul 2002 | | | 15 Sep 2002 (see s. 2(1) and *Gazette* 6 Sep 2002 p. 4487) | |\n| *Labour Relations Reform (Consequential Amendments) Regulations 2003* r. 13 published in *Gazette* 15 Aug 2003 p. 3685‑92 | | | | | | | 15 Sep 2003 (see r. 2) | | |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 96 | | | 74 of 2003 | | 15 Dec 2003 | | | 15 Dec 2003 (see s. 2) | |\n| *Public and Bank Holidays Amendment Act 2004* | | | 32 of 2004 | | 14 Oct 2004 | | | 14 Oct 2004 (see s. 2) | |\n| **Reprint 2: The *Public and Bank Holidays Act 1972* as at 18 Apr 2008** (includes amendments listed above) | | | | | | | | | |\n| *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 103 | | | 8 of 2009 | | 21 May 2009 | | 22 May 2009 (see s. 2(b)) | | |\n| *Standardisation of Formatting Act 2010* s. 4 | | | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | |\n| *Western Australia Day (Renaming) Act 2012* Pt. 2 Div. 1 | | | 3 of 2012 | | 10 Apr 2012 | | 11 Apr 2012 (see s. 2(b)) | | |\n| *Industrial Relations Legislation Amendment Act 2021* Pt. 6 | | | 30 of 2021 | | 22 Dec 2021 | | 12 Feb 2022 (see s. 2(1)(b) and SL 2022/10 cl. 2) | | |\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original 1972 purpose of rationalising and declaring public and bank holidays throughout Western Australia. Amendments have updated holiday names, refined interactions with employment law and added procedural detail, but have not expanded the Act into unrelated subject matter."},"complexity_factors":["Cross-references to and primacy rules with the Industrial Relations Act 1979 and industrial instruments","Detailed conditional rules for weekend shifts of New Year’s Day, Anzac Day, Christmas Day and Boxing Day","Governor’s proclamation powers under sections 7 and 8 with specific Gazette notice periods","Easter Sunday provisions that limit how industrial instruments may substitute days"],"plain_english_summary":"**This Western Australian law sets out the official list of public holidays and bank holidays that apply across the state.**\n\nIt declares fixed days such as New Year’s Day, Australia Day (with a Monday substitute if it falls on a weekend), Labour Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Western Australia Day, the King’s Birthday (appointed each year), Christmas Day and Boxing Day as days when most workers are entitled to time off. The Act explains what happens when these dates fall on weekends, with extra Monday or Tuesday holidays in some cases.\n\nThe Governor can add special one-off holidays or move existing ones by issuing official notices in the Government Gazette. Banks must close on these days (with a limited exception for ordinary Saturdays). Workplace agreements and awards under industrial relations laws generally take priority over the Act, but cannot remove the Easter Sunday public holiday just because it lands on a weekend.\n\nIt matters because it determines when employees get paid time off, when penalty rates apply for working, and when banks, government offices and many businesses shut. This helps families, employers and the wider community plan ahead."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislation content was not provided. Only a website error message was supplied."},"complexity_factors":["No actual legislative text was provided — only a website error/redirect page","Unable to assess provisions, definitions, schedules, or operative clauses","Complexity score reflects the absence of content to analyse, not the Act itself"],"plain_english_summary":"**No analysable content available.**\n\nThe text provided does not contain the actual content of the *Public and Bank Holidays Act 1972* (WA). Instead, it contains only an error page from the Western Australian legislation website, indicating that the page for this Act is no longer available at its previous web address due to system upgrades.\n\n**What we do know from the title alone:**\nThe *Public and Bank Holidays Act 1972* is a Western Australian law that would govern which days are recognised as public holidays and bank holidays in WA — affecting when workers get a day off, when businesses (including banks) must close or are entitled to close, and what penalty rates or entitlements employees may be owed for working on those days. It affects essentially **every person who lives or works in Western Australia**.\n\n**To find the actual current law**, visit the Western Australian legislation website (legislation.wa.gov.au) and search for the Act by name."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core function — fixing public and bank holidays — remains, but its scope has been modified by later insertions and amendments. Notable scope changes in the text supplied include: insertion of Saturday as a bank holiday (s.6, inserted No. 32 of 2004), changes to how the Act interacts with industrial instruments (s.3 as amended to reference Part VID and other amendments), and updated entries and substitution rules in the Second Schedule (various amendments including renaming Western Australia Day and rules for moving holidays). The Act also now expressly gives proclamations under ss.7–8 precedence over industrial instruments to the extent of inconsistency (s.9), which changes how holiday proclamations interact with workplace agreements. These textual amendments shift decision points (Governor proclamations, s.7–8) and operational effects on banks and employers (s.6; s.10)."},"complexity_factors":["Interaction with industrial instruments creates layered precedence rules (s.3(1) vs s.9).","Governor’s proclamation powers can alter holiday dates for whole State or specific localities, requiring gazette publication timelines (s.7; s.8).","Second Schedule contains substitution rules for holidays falling on weekends (Second Schedule), which require operational attention.","Specific statutory exceptions for bank closures on Saturdays (s.6; s.10(2)).","Amendment and commencement history affects interpretations but the operative text is short and rule‑based (Act plus Second Schedule)."],"plain_english_summary":"This law fixes which days are public and bank holidays in Western Australia, makes Saturday a bank holiday, and lets the Governor proclaim, change or cancel (including local) holidays — with proclamations published in the Government Gazette. \n\nIt mainly affects employers, employees and banks by determining which dates trigger holiday entitlements and bank closures, while industrial awards and agreements govern pay and other employment consequences."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-and-bank-holidays-act-1972","history":"/api/acts/public-and-bank-holidays-act-1972/history","analysis":"/api/acts/public-and-bank-holidays-act-1972/analysis","conflicts":"/api/acts/public-and-bank-holidays-act-1972/conflicts","importantCases":"/api/acts/public-and-bank-holidays-act-1972/important-cases","documents":"/api/acts/public-and-bank-holidays-act-1972/documents"}}