What it does
The Public Holidays Act 1993 (Vic) establishes a statutory framework for the declaration, variation and employee entitlement to public holidays and public half-holidays throughout Victoria. At its core, s.6 appoints a fixed list of 13 days (or parts of days) as public holidays. These comprise New Year’s Day (and the Monday following when it falls on a weekend), Australia Day (similarly adjusted), Labour Day (second Monday in March), Good Friday, the Saturday before Easter Sunday, Easter Sunday (inserted by the Public Holidays Amendment Act 2019), Easter Monday, ANZAC Day, the Queen’s Birthday (second Monday in June), the Friday before the AFL Grand Final (inserted 2019), Melbourne Cup Day (first Tuesday in November), Christmas Day (with Monday or Tuesday substitution when it falls on a weekend), and Boxing Day (with similar weekend adjustment).
Section 7 empowers the Minister to appoint additional public holidays or half-holidays by Gazette notice. Such notices may be statewide or limited geographically, and may apply to all or only specified classes of persons or bodies (s.7(2)). The Minister may also, under s.8, declare that any holiday appointed under s.6 or s.7 will not be observed in a given year and substitute another day or half-day(s). A substituted day replaces the original for all purposes (s.8(3)).
A discrete regime exists for non-metropolitan councils under s.8A. Such a council may request the Minister to treat Melbourne Cup Day as non-holiday within its municipal district (or part thereof) and to substitute another day or half-days. The request must be made at least 90 days in advance, must specify the substitute and give reasons, and the Minister is prohibited from appointing a Saturday or Sunday as the substitute (s.8A(3)). Any such substitution applies only to the relevant part of the municipal district (s.8A(4)).