{"id":"nsw:act-2010-115","name":"Public Holidays Act 2010","slug":"public-holidays-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"115 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39302,"registerId":"nsw-act-2010-115-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on 31 December 2010, except as provided by subsection (2).\n> \n> > (2) Schedule 2.2 commences on 31 December 2011.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Director-General means the Director-General of the Department of Services, Technology and Administration.\n> > \n> > public holiday means a day or part-day declared to be a public holiday by or under this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Public holidays","content":"# Part 2 Public holidays\n\nPart 2 Public holidays","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Standard public holidays","content":"#### 4 Standard public holidays\n\n4 Standard public holidays\n\n> The following public holidays are declared for the whole State—\n> \n> > (a) New Year’s Day\n> > \n> > Public holiday on 1 January.\n> > \n> > When 1 January is a Saturday or Sunday, there is to be an additional public holiday on the following Monday.\n> \n> > (b) Australia Day\n> > \n> > Public holiday on 26 January.\n> > \n> > When 26 January is a Saturday or Sunday, there is to be no public holiday on that day and instead the following Monday is to be a public holiday.\n> \n> > (c) Good Friday\n> > \n> > Public holiday on the Friday publicly observed as Good Friday.\n> \n> > (d) Easter Saturday\n> > \n> > Public holiday on the day after Good Friday.\n> \n> > (e) Easter Sunday\n> > \n> > Public holiday on the Sunday following Good Friday.\n> \n> > (f) Easter Monday\n> > \n> > Public holiday on the Monday following Good Friday.\n> \n> > (g) Anzac Day\n> > \n> > Public holiday on 25 April.\n> \n> > (h) King’s Birthday\n> > \n> > Public holiday on the second Monday in June.\n> \n> > (i) Labour Day\n> > \n> > Public holiday on the first Monday in October.\n> \n> > (j) Christmas Day\n> > \n> > Public holiday on 25 December.\n> > \n> > When 25 December is a Saturday, there is to be an additional public holiday on the following Monday.\n> > \n> > When 25 December is a Sunday, there is to be an additional public holiday on the following Tuesday.\n> \n> > (k) Boxing Day\n> > \n> > Public holiday on 26 December.\n> > \n> > When 26 December is a Saturday, there is to be an additional public holiday on the following Monday.\n> > \n> > When 26 December is a Sunday, there is to be an additional public holiday on the following Tuesday.\n> \n> **s 4:** Subst 2010 No 115, Sch 2.2. Am 2022 No 59, Sch 1.32.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional public holidays","content":"#### 5 Additional public holidays\n\n5 Additional public holidays\n\n> > (1) The Minister may by order published on the NSW legislation website declare a specified day or part-day in a particular year to be a public holiday. The order must be published at least 7 days before the public holiday.\n> \n> > (2) The order can declare a public holiday for the whole State or for a specified part of the State.\n> \n> > (3) The Minister may by order published on the NSW legislation website cancel a public holiday declared under this section. The order must be published at least 7 days before the public holiday.\n> \n> Note—\n> \n> Instead of cancelling an additional public holiday declared under this section, the Minister can decide to substitute a different day for the holiday under section 6.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Substituted public holidays","content":"#### 6 Substituted public holidays\n\n6 Substituted public holidays\n\n> > (1) The Minister may by order published on the NSW legislation website declare that a specified day or part-day in a particular year (the substituted day) is to be a public holiday in substitution for a specified day or part-day in that year (the original day) that would otherwise be a public holiday in a particular year.\n> \n> > (2) The substituted day is then a public holiday and the original day is not a public holiday.\n> \n> > (3) The order must be published at least 7 days before the earlier of the original day and the substituted day for the public holiday.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Employee entitlements on public holidays","content":"#### 7 Employee entitlements on public holidays\n\n7 Employee entitlements on public holidays\n\n> > (1) The following provisions of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth apply as laws of New South Wales to and in respect of employees and employers in the State—\n> > \n> > > section 114 (Entitlement to be absent from employment on public holiday)\n> > \n> > > section 116 (Payment for absence on public holiday)\n> \n> > (2) This section (and the provisions applying under this section as laws of New South Wales) are deemed to be industrial instruments for the purposes of Parts 1 (Breach of industrial instruments) and 2 (Recovery of remuneration and other amounts) of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Local event days","content":"#### 8 Local event days\n\n8 Local event days\n\n> > (1) The Minister may by order made at the request of the council of a local government area declare a specified day or part-day to be a local event day in the local government area or in a specified part of the local government area.\n> \n> > (2) The Minister is not to declare a local event day unless satisfied that the day or part-day is, and will be observed as, a day of special significance to the community in the area concerned.\n> \n> > (3) The order declaring a local event day must be published on the NSW legislation website at least 7 days before the local event day.\n> \n> > (4) The declaration of a local event day does not make the local event day a public holiday.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Delegations","content":"#### 9 Delegations\n\n9 Delegations\n\n> The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to—\n> \n> > (a) the Director-General, or\n> \n> > (b) the holder of any position in the Director-General’s Department that is prescribed by the regulations.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Repeal of Banks and Bank Holidays Act 1912 No 43","content":"#### 11 Repeal of Banks and Bank Holidays Act 1912 No 43\n\n11 Repeal of [Banks and Bank Holidays Act 1912 No 43](/view/html/repealed/current/act-1912-043)\n\n> The [Banks and Bank Holidays Act 1912](/view/html/repealed/current/act-1912-043) is repealed.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Review of Act","content":"#### 12 Review of Act\n\n12 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":15},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 1987 No 15, sec 30C. Rep 2012 No 42, Sch 5.","sortOrder":22}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Act replaces and repeals the earlier Banks and Bank Holidays Act 1912 (s 11) and carries forward local public holidays declared under the former Act as public holidays under the new scheme (Sch 1 cl 4). Mechanically, it sets a fixed list of standard public holidays with specified weekend‑substitution rules (s 4) and introduces a Ministerial order‑based mechanism for adding, cancelling or substituting public holidays (s 5–6) and for declaring local event days that are explicitly not public holidays (s 8(4)). These changes shift decision‑making and declaration mechanics from the former Act to the current Ministerial/Regulation framework (s 5–6, s 9–10)."},"complexity_factors":["Interaction with Commonwealth Fair Work Act (s 7) — imports external entitlement rules and enforcement pathways.","Ministerial discretionary powers to declare, cancel and substitute holidays (s 5–6) subject to short publication timelines (7 days).","Geographic specificity — orders can apply to whole State or specified parts (s 5(2)), requiring area‑by‑area compliance assessment.","Distinction between public holidays and local event days (s 8(4)) — similar signals but different legal consequences.","Delegation mechanics — Minister may delegate functions to Director‑General or prescribed positions (s 9).","Transitional and savings provisions preserving prior local public holidays (Sch 1 cl 4) and regulation‑making power (s 10)."],"plain_english_summary":"What this law does (mechanics)\n\n- Declares a set of standard public holidays that apply across New South Wales and sets specific rules about when an extra weekday becomes the holiday if the standard date falls on a weekend (see s 4).  Examples: New Year’s Day (1 Jan) with a Monday substitute if it falls on a weekend; Australia Day (26 Jan) substitutes the following Monday if on a weekend; special rules for Christmas and Boxing Day (s 4).\n\n- Gives the Minister power to declare additional public holidays for a particular year, for the whole State or for part of the State, and to cancel such a declaration. Those Ministerial orders must be published on the NSW legislation website at least 7 days before the public holiday (s 5(1)–(3)).\n\n- Gives the Minister power to substitute one day for another so that the substituted day is the public holiday and the original day is not. Substitution orders must be published at least 7 days before the earlier of the two days (s 6(1)–(3)).\n\n- Applies two specific Commonwealth Fair Work Act entitlements to employees and employers in NSW as state law: (a) the right to be absent from work on a public holiday and (b) payment for absence on a public holiday. Those Fair Work provisions operate as industrial instruments for certain recovery and enforcement purposes under the Industrial Relations Act 1996 (s 7(1)–(2)).\n\n- Allows the Minister, at the request of a local council, to declare a day a local event day for a local government area or part of it. The Minister must be satisfied the day is and will be observed as a day of special significance to the local community. The declaration must be published at least 7 days before the day. A local event day is not a public holiday (s 8(1)–(4)).\n\n- Allows the Minister to delegate almost all of the Minister’s functions under the Act (other than the power of delegation itself) to the Director‑General or other prescribed positions (s 9).\n\n- Gives the Governor power to make regulations to carry out the Act (s 10), repeals the prior Banks and Bank Holidays Act 1912 (s 11) while saving previously declared local public holidays (Sch 1 cl 4), and requires a formal review of the Act about five years after assent with a report to Parliament (s 12).\n\nWho decides and who pays (in plain terms)\n\n- Who decides: the Minister holds the principal decision‑making powers to declare, cancel or substitute public holidays and to declare local event days (s 5, s 6, s 8). The Minister may delegate functions to the Director‑General or to prescribed departmental positions (s 9). The Governor makes regulations under the Act (s 10).\n\n- Who pays: employers in the State are subject to the Fair Work Act rules that the Act applies (s 7(1)). That means employers must allow employees’ absence on public holidays and meet payment obligations set out in the applied Fair Work Act provisions (s 7(1)–(2)). For public sector employers that are also employers under those provisions, the same obligations apply.\n\nWhy it matters (policy claims and mechanical trade‑offs)\n\n- Officially, the Act sets a clear list of standard public holidays and creates a rule‑based process for adding, cancelling or substituting holidays in particular years (s 4–6).\n\n- Mechanically, the Act centralises short‑term scheduling discretion in the Minister (s 5–6). That creates operational effects for businesses and employers who must adjust rostering, payroll and operations on relatively short public notice: Ministerial orders must be published at least 7 days before the day in question (s 5(1), s 5(3), s 6(3), s 8(3)).\n\n- The Act imports particular Commonwealth entitlements about absence and pay on public holidays into NSW law (s 7(1)). The consequence is a direct compliance and cost obligation on employers to pay where the Fair Work rules require payment (s 7). The Act also makes those entitlements enforceable under specific parts of the Industrial Relations Act 1996 (s 7(2)).\n\n- The Act distinguishes between public holidays (which trigger the applied Fair Work entitlements) and local event days (which do not) (s 8(4)). This means a declared local event day can signal local significance without creating the statutory pay/absence obligations that come with a public holiday (s 8(4), s 5).\n\n- The Act repeals the earlier Banks and Bank Holidays Act 1912 and preserves prior local public holidays under the new scheme (s 11; Sch 1 cl 4). That produces continuity for previously declared local holidays while changing the statutory vehicle and decision process (Sch 1 cl 4; s 11).\n\nCosts, incentives and implementation considerations (mechanisms, not judgments)\n\n- Direct employer cost: where a day is a public holiday under this Act, the Fair Work Act provisions applied by s 7 require employers to meet entitlement and payment obligations. That cost falls on the employer (s 7(1)).\n\n- Timing and planning cost: Ministerial orders and declarations must be published at least 7 days before the relevant day (s 5(1), s 5(3), s 6(3), s 8(3)). Short notice can require last‑minute changes to rostering, inventory, and service availability for organisations operating in affected areas (s 5, s 6, s 8).\n\n- Geographic targeting: the Minister can declare holidays for the whole State or for specified parts of the State (s 5(2)). This creates spatially varying obligations for employers and different operational impacts across regions (s 5(2)).\n\n- Substitution effects: the Minister’s power to substitute one day for another (s 6) shifts the statutory holiday date rather than creating an extra one. That changes which day triggers employer obligations and which day employees may lawfully be absent and be paid (s 6(1)–(2)).\n\n- Administrative discretion and delegation: the Minister’s discretion is subject to statutory publication and, in the case of local event days, a satisfaction requirement about community observance (s 8(2)–(3)). The Minister may delegate functions to the Director‑General or prescribed departmental positions (s 9), which shifts operational decision‑making within the public service.\n\n- Regulatory and transitional scope: the Governor may make implementing regulations (s 10). The Act also allows regulations to include savings or transitional provisions with protections for persons other than the State (Sch 1 cl 1(1)–(3)). The Act expressly preserves local public holidays declared under the former Act (Sch 1 cl 4).\n\nKey provisions to look at when applying the law\n\n- Standard holidays and weekend substitution rules: s 4.\n- Ministerial power to add/cancel holidays and 7‑day publication requirement: s 5(1)–(3), s 5(2).\n- Ministerial power to substitute holidays and 7‑day publication requirement: s 6(1)–(3).\n- Employee entitlements and payment obligations imported from the Fair Work Act: s 7(1)–(2).\n- Local event days (not public holidays) and the Minister’s satisfaction requirement: s 8(1)–(4).\n- Delegation of Ministerial functions: s 9.\n- Repeal of the Banks and Bank Holidays Act 1912 and saving of previously declared local public holidays: s 11; Sch 1 cl 4.\n- Review timeline: s 12."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of declaring and managing public holidays in NSW. The 2010 Act replaced the 1912 Banks and Bank Holidays Act but maintained similar scope. The only notable expansion is the explicit incorporation of employee entitlements (section 7), which ensures the Act interacts with workplace relations law, but this is ancillary to the core function rather than scope creep."},"complexity_factors":["Short length (12 sections plus schedules)","Only 2 defined terms in the interpretation section ('Director-General' and 'public holiday')","Straightforward declaratory structure with minimal conditional logic","Simple cross-reference to Fair Work Act 2009 and Industrial Relations Act 1996 in section 7","Some complexity in weekend substitution rules for specific holidays (New Year's Day, Australia Day, Christmas, Boxing Day) with varying treatments","Standard delegation and regulation powers in sections 9-10"],"plain_english_summary":"This law sets out the rules for public holidays in New South Wales. It lists the standard public holidays that apply statewide—like New Year's Day, Australia Day, Easter, Anzac Day, King's Birthday, Labour Day, and Christmas—plus rules for what happens when these days fall on weekends. The Minister can also declare extra public holidays for special occasions or swap one public holiday for another day. Importantly, the law ensures workers get the day off (or penalty rates if they work) by importing protections from federal workplace law. It also allows local councils to request 'local event days' for community celebrations, though these aren't official public holidays. Finally, it scraps the old 1912 law that previously governed bank holidays."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of defining public holidays in NSW. The amendments visible across its version history (2010–2023) do not suggest any significant expansion or contraction of scope — this type of legislation typically sees only minor updates such as adding or adjusting specific holidays (e.g., adding a one-off holiday for a national event)."},"complexity_factors":["The Act title and administrative metadata are straightforward — it is a relatively narrow, purpose-specific piece of legislation","The actual substantive provisions were not included in the provided text, limiting full analysis","Public holidays legislation is generally low in complexity — it typically contains a schedule of dates, rules for substitute holidays when a holiday falls on a weekend, and definitions","Multiple historical versions (5 versions since 2010) suggest some amendments over time, adding minor complexity","Interaction with federal workplace laws (Fair Work Act) adds a layer of complexity for employers, but this is external to the Act itself"],"plain_english_summary":"## Public Holidays Act 2010 (NSW)\n\n**What is this?**\nThis is a New South Wales law that establishes and governs public holidays in that state. It sets out which days are recognised as official public holidays — things like Christmas Day, Easter, ANZAC Day, and others.\n\n**Who does it affect?**\n- **Workers and employees** — public holidays typically mean entitlements to a day off, or extra pay if you work on that day\n- **Employers and businesses** — they must comply with obligations around public holidays (such as penalty rates or substitute days off)\n- **Anyone in NSW** — public holidays affect when shops, government services, and businesses operate\n\n**Why does it matter?**\nWithout this Act, there would be no standardised list of public holidays in NSW. It provides legal certainty about *which* days are public holidays, meaning workers know their rights and employers know their obligations.\n\n**Note:** The actual content of this Act (the specific list of holidays, rules about substitute days, etc.) was **not included** in the text provided — only metadata and website navigation were visible. The analysis above reflects what this type of legislation typically does based on its title and administrative details. The Act falls under the **Minister for Industrial Relations**, reinforcing its role in the employment relationship."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-holidays-act-2010","history":"/api/acts/public-holidays-act-2010/history","analysis":"/api/acts/public-holidays-act-2010/analysis","conflicts":"/api/acts/public-holidays-act-2010/conflicts","importantCases":"/api/acts/public-holidays-act-2010/important-cases","documents":"/api/acts/public-holidays-act-2010/documents"}}