South Australia Omits ‘Christmas’ and ’Australia Day' From Public Holiday Legislation

The legislation declared Easter Sunday as a public holiday and increased the number of public holidays in South Australia from 11 to 12.
South Australia Omits ‘Christmas’ and ’Australia Day' From Public Holiday Legislation
The White House is decorated for Christmas with the holiday theme “Magic, Wonder, and Joy” in Washington on Nov. 27, 2023. (Madalina Vasiliu/The Epoch Times)
Monica O’Shea
12/2/2023
Updated:
12/3/2023
0:00

The South Australian government has declined to name Christmas Day, Australia Day, ANZAC Day, and Proclamation Day in the new public holiday legislation.

The stated aim of the legislation was to declare Easter Sunday as a public holiday and increase the total number of public holidays in South Australia from 11 to 12.

The Public Holidays Bill 2023 (pdf) mentioned Dec. 25, Dec. 26, Jan. 1, Jan. 26, and April 25 without providing names for these public holidays. Good Friday, Easter Saturday, Easter Sunday, and Easter Monday were named.
The legislation repeals the Holidays Act 1910 (pdf), which references Christmas, Anzac Day, Proclamation Day, and Australia Day.
Shadow Treasurer Matt Cowdrey moved an amendment to insert the words New Year’s Day, Australia Day, ANZAC Day, Christmas Day, and Proclamation Day into the legislation among other public holiday names.

Debate in Parliament

Speaking on the amendment in Parliament, Mr. Cowdrey said, “the opposition is moving a series of amendments to essentially give rise to the name of the particular public holiday with the date of the public holiday.”

Mr. Cowdrey also made an amendment seeking to ensure that a proclamation cannot be made to declare a different day to be a public holiday in the year instead of Australia Day without a resolution passed by both houses of parliament.

“The last number of amendments deals with providing a safeguard to a potential future government that may or may not wish to change the date of Australia Day at a future point in time,” Mr. Cowdrey said in Parliament (pdf).

“There is nothing to fear for those on the other side, unless they have a plan to change the date for Australia Day.”

But the the government declined to support these amendments and the legislation passed without these names or the safeguard on Australia Day.

Deputy Premier Susan Close said she would not be indulging in “culture wars” and claimed the Holidays Act does not include these names.

“Somehow, South Australia has survived for 110 years with the Holidays Act without including these names. Somehow we have managed to work out that we have those holidays on those days,” Ms. Close said.

“Further, amendments Nos 15 and 16 are seeking to prevent the public holiday on Australia Day being moved. It is late, it is after dinner, I am not indulging in culture wars.

“We have 26 January. It is the day that New South Wales was founded by the British. It is the day we have chosen as Australia Day. It is in here. I am not interested in getting into this ridiculous dog whistle of having a different debate within this. This is about worker entitlements.”

An extract from the Public Holidays Bill 2023 (<a href="https://www.legislation.sa.gov.au/__legislation/lz/b/current/public%20holidays%20bill%202023/c_as%20received%20in%20ha/public%20holidays%20bill%202023.un.pdf">pdf</a>)
An extract from the Public Holidays Bill 2023 (pdf)

Ten members of parliament voted for the amendment, while 22 voted against it in the South Australian House of Assembly.

In the Upper House of Parliament, the Opposition also attempted to move amendments (pdf) to insert New Year’s Day, Australia Day, Adelaide Cup, ANZAC Day, and the sovereign’s birthday into the legislation.

However, this attempt was also defeated by three votes in the South Australian Legislative Council.