Purpose:

This Act makes provision for the declaration and observance of various types of holidays and related matters in Queensland.

Objectives:

• To set out specific days to be observed as public holidays.
• To empower the Minister to substitute alternative days for public holidays.
• To establish a process for appointing special holidays throughout the State or within specific districts.
• To define bank holidays and conditions for their observance.
• To clarify how references to public holidays are to be interpreted in industrial instruments.

Key Provisions:

• Public holidays are to be observed on the days specified in the schedule, subject to ministerial changes.
• The period from 6 p.m. to midnight on 24 December (Christmas Eve) is to be observed as a public holiday for the purpose of calculating entitlements under specific industrial legislation.
• The Minister has the authority, by Gazette notice, to substitute another day for a public holiday under section 2.
• Industrial instruments referencing public holidays are taken to include certain substituted or contingent days (e.g., 2 January, 3 January, 27 December, 28 December) and the officially observed Labour Day or Birthday of the Sovereign.
• The Minister may appoint special holidays for a day or part of a day, either statewide or in a specified district, by Gazette notification.
• A special holiday may be appointed for a district if the Minister receives a request notice from the local government’s chief executive officer by a specified date.
• A special holiday appointed for an annual agricultural, horticultural or industrial show also serves as a public holiday.
• Specific annual agricultural shows or race meetings (e.g., City of Brisbane agricultural show by Queensland Royal National Agricultural and Industrial Association, Coen Amateur Turf Club’s Annual Race Meeting when requested by Comalco Limited) are exempt from the local government request requirement for special holidays.
• Certain days are designated as bank holidays, including days or half-days appointed as holidays under this Act and Saturdays (unless a regulation declares otherwise).
• Provisions exist for particular public holidays in specific years (e.g., 2010, 2011, 2012, 2014, 2020, 2021, 2022).
• The Governor in Council is empowered to make regulations under this Act.

Evidence of Compliance Requirements For Agricultural Organisations:

• For Requesting a Special Holiday for an Annual Agricultural or Horticultural Show:
  • Action: If an agricultural or horticultural organisation wishes for a special holiday to be appointed for its annual show, it must ensure that a request is made to the Minister.
  • Documentation Needed: A formal notice from the local government for the area in which the show is situated must be received by the Minister.
  • Signatory: This notice must be signed by the chief executive officer of that local government.
  • Time Frame: The notice must be received by the Minister by a date specified by the Minister.
  • Exemption: This notice requirement does not apply to a holiday in the City of Brisbane for the annual agricultural show conducted by the Queensland Royal National Agricultural and Industrial Association.
• For Observing Declared Special Holidays for Annual Agricultural or Horticultural Shows:
  • Action: When a special holiday for an annual agricultural or horticultural show is appointed by the Minister via Gazette notice (under section 4(1)), it is to be observed as a public holiday in the specified district.
  • Measurement Standards/Reporting: The working out of a person’s entitlements related to this public holiday is to be done under the Industrial Relations Act 2016 or an industrial instrument within the meaning of that Act; or the Fair Work Act 2009 (Cwlth) or a federal industrial instrument; or the Building and Construction Industry (Portable Long Service Leave) Act 1991; or the Contract Cleaning Industry (Portable Long Service Leave) Act 2005. (Compliance with the specific entitlement and reporting requirements of these other Acts is implied).
  • Record-keeping: Not explicitly detailed within this document for agricultural organisations, but generally implied by the requirement to observe holidays and calculate entitlements under other industrial legislation.
  • Inspection or Audit Requirements: Not explicitly detailed within this document for agricultural organisations, but generally implied by the broader framework of industrial relations legislation referenced.

Metadata Keywords:

Queensland, Holidays Act 1983, Public holidays, Special holidays, Bank holidays, Agricultural show, Horticultural show, Industrial show, Industrial Relations Act.

Publication Information:

Current as at 15 September 2022.

Agricultural Industry Alignment:

Horticulture, Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.qld.gov.au/view/whole/pdf/inforce/current/act-1983-018 →