Reviewing SA's public holiday laws

We are seeking your thoughts on public holidays and amendments to the Holidays Act.

What's being decided?

The Government has committed to amending the Holidays Act 1910 (the Act) to make Christmas Day a public holiday regardless of which day of the week it falls on. This amendment provides a valuable opportunity to consider any other necessary changes to the Act.

Your feedback will help shape the government’s approach to amendments to the Act regarding public holidays in South Australia.

Background

The Act determines which days each year are public holidays and bank holidays in South Australia.

There are currently 13 public holidays including part-day public holidays:

• New Year’s Day (1 January)
• Australia Day (26 January)
• Adelaide Cup Day (the second Monday in March)*
• Good Friday
• The day after Good Friday
• Easter Monday
• Anzac Day (25 April)
• Sovereign’s Birthday (the second Monday in June)
• Labour Day (the first Monday in October)
• Christmas Eve (24 December between 7pm and midnight)
• Christmas Day (25 December)
• Proclamation Day (26 December)
• New Year’s Eve (31 December between 7pm and midnight)

*Moved from the Third Monday in May by proclamation each year to coincide with the change in date of the Adelaide Cup horse race.

Generally, where a public holiday falls on a Saturday the holiday moves to the following Monday. Where a public holiday falls on a Sunday both the Sunday and the following Monday are public holidays.

The Act does not regulate shop trading hours or the penalty rates workers are entitled to receive for working on public holidays. These are dealt with under separate pieces of legislation which do not form part of this consultation.

Get involved

Find out more:

• take a look at our FAQs
• Find out about South Australian public holidays on the SafeWork SA website
• Read the Holidays Act 1910

Have your say by:

• Taking our survey below
• Emailing a submission to: swsapolicy@sa.gov.au

What are the next steps?

SafeWork SA will consider your feedback and provide a report to the Minister for Industrial Relations and Public Sector in the first quarter of 2023. Draft legislation will then be released before introduction into Parliament.