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Daniel O'Neil: Monday-ise the Anzac Day Public Holiday

I would amend the Public Holidays Act 2010 (NSW) s 4(g) so as to ‘Mondayise’ Anzac Day.

At present, if Anzac Day falls on a weekend (as it indeed did in 2020), the following Monday is not a public holiday in New South Wales.  The Act’s treatment of Anzac Day is, in this respect, inconsistent with its treatment of New Year’s Day, Australia Day, Christmas Day and Boxing Day, all of which are ‘Mondayised’ if they occur on the weekend in a given year.

There is no obvious basis in principle for this inconsistency. Further, the present position is, anecdotally, at variance with the popular expectations regarding the occurrence of public holidays. This being so, New South Wales should follow Western Australia (Public and Bank Holidays Act 1972 (WA) sch 2) and amend the Act to include express statutory words Mondayising Anzac Day: “When 25 April is a Saturday or Sunday, there is to be an additional public holiday on the following Monday”.

Daniel O'Neil is an Associate at White & Case.

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