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Public Holidays Amendment Bill 2011 Introduction Print EXPLANATORY MEMORANDUM General The Public Holidays Act 1993 currently provides for non-metropolitan Councils to request that the Minister appoint a substitute public holiday for their municipalities in lieu of Melbourne Cup Day. The substitute public holidays requested by non-metropolitan Councils are gazetted to ensure that there is public notice of the substitute public holiday arrangements as they apply to particular municipalities. These substitute public holiday arrangements provide for communities in regional Victoria to celebrate and enjoy their own local race day, regional event, or agricultural show, as the case may be, in lieu of Melbourne Cup Day. Prior to 2008, the Public Holidays Act 1993 provided that non-metropolitan Councils could directly gazette either one full day or two half-day public holidays, in lieu of Melbourne Cup Day. Non-metropolitan Councils could also declare that the substitute day, or half-days, applied to the whole, or part, of a given municipality. Under those former arrangements, different approaches were adopted with respect to public notice. Some non- metropolitan Councils gazetted a half day public holiday, some gazetted a whole day holiday, and some did not gazette alternative public holiday arrangements at all. The inconsistent publication of gazette notices enhanced public uncertainty about the status of substitute public holidays, in lieu of Melbourne Cup Day. In 2008, the Public Holidays Act 1993 was amended to require that non- metropolitan Councils submit a request to the Minister for the appointment of substitute public holidays. Non-metropolitan Councils had to write to the Minister to request substitute public holiday arrangements at least 90 days before the first Tuesday in November (Melbourne Cup Day). Consequently, the substitute public holidays are now published annually in advance of Melbourne Cup Day on Government websites and in the Victorian Government Gazette. This requirement was introduced to ensure sufficient 571056 1 BILL LA INTRODUCTION 5/4/2011
public notice and to reduce public uncertainty about the status of the Melbourne Cup Day holiday as it applied to regional Victoria. More significantly, the Public Holidays Act 1993 was amended to ensure that a standard number of eleven public holidays applied throughout Victoria by effectively making Melbourne Cup Day the automatic default public holiday across regional Victoria. A consequence of the policy that all Victorians should enjoy the same number of public holidays is that the Public Holidays Act 1993 was amended so as to remove the flexibility of non-metropolitan Councils to substitute half-day public holidays and have them apply to specific parts of a municipality. After 2008, non-metropolitan Councils could only request one whole day substitute public holiday for the whole of the municipality, rather than part of the municipality. This approach did not recognise the needs of non-metropolitan Councils and their constituencies, and the amendments were unnecessarily restrictive. Many regional show days and Cup Day events are half-day events and are relevant to only one part of the shire. Nominating one whole day to apply to the whole of the municipality excludes the celebration of some events in priority to others. This Bill intends to reinstate the flexibility for non-metropolitan Councils to request either one whole day, or two half-day public holidays, in lieu of Melbourne Cup Day. This Bill also enables the substitute day, or the two half-day public holidays taken in lieu of Melbourne Cup Day to apply to one part of a given municipality, rather than the whole of the municipality. This Bill seeks to maintain, as an over-riding rule, that all Victorians continue to enjoy the same number of public holidays, regardless of whether they live in regional or metropolitan Victoria. In order to ensure that all Victorians continue to enjoy eleven public holidays, the Bill provides that-- the Minister cannot appoint a Saturday or Sunday as a public holiday in lieu of Melbourne Cup Day on request of a non- metropolitan Council; if half-day substitute public holidays are requested, in lieu of Melbourne Cup Day, a non-metropolitan Council must request two half-days; and if a substitute public holiday, or two substitute half-day public holidays, applies or apply to part of a municipal district, the substitute public holiday or two substitute half-day public holidays only applies or apply in that part of the municipal district. Melbourne Cup Day continues to apply to all remaining parts of the municipality. 2
The intent of these provisions is to ensure that, despite the flexibility to request either one whole day or two half-day public holidays in lieu of Melbourne Cup Day, the same number of public holidays will continue to be enjoyed as of right by all Victorians. Clause Notes Clause 1 sets out the main purpose of the Bill, which is to amend the Public Holidays Act 1993 to provide that non-metropolitan Councils may nominate alternative public holiday arrangements in lieu of Melbourne Cup Day. Clause 2 states that the Bill will come into effect on the day after the day on which the Bill receives Royal Assent. Clause 3 amends section 8 of the Public Holidays Act 1993 so that it is subject to new section 8A inserted by clause 4. It also substitutes sections 8(3) to (6) of the Public Holidays Act 1993 with a new section 8(3) of that Act, which replaces the repealed section 8(6). These amendments are consequential to the insertion of the new section 8A by clause 4. Clause 4 inserts a new section 8A(1) to (4) of the Public Holidays Act 1993. New section 8A(1) provides that a non-metropolitan Council may request in writing that the Minister make a declaration under section 8 appointing a substitute public holiday, or two half-day public holidays, in lieu of Melbourne Cup Day. One of the appointed half-day public holidays may be on Melbourne Cup Day itself should it be necessary or convenient to appoint that day. New section 8A(2) provides that a request from a non- metropolitan Council must-- be made at least 90 days prior to Melbourne Cup Day; specify the substitute day or 2 half-days; and specify reasons for the request. New subsection 8A(2)(c) is intended to assist the Minister by providing relevant information to inform the decision to appoint a substitute public holiday or 2 half-day public holidays, as the case may be, in lieu of Melbourne Cup Day. 3
New subsection 8A(3) provides that the Minister must not appoint a Saturday or Sunday as a public holiday or a public half-holiday. New subsection 8A(4) provides that where a substitute public holiday, or two half-day public holidays, have been appointed under section 8(1) in respect of a part of a municipal district, the substitute public holiday or 2 half-day holidays will apply only in that part of the municipal district. New subsection 8A(4) is intended to make it clear that Melbourne Cup Day otherwise applies where substitute public holiday arrangements have not been appointed. Clause 5 states that the Amending Act is repealed on the first anniversary of its commencement. The repeal of the Amending Act does not effect the continuing operation of the amendments made by that Act (see section 15(1) of the Interpretation of Legislation Act 1994). 4