Norfolk Island Employment (Show Day) Declaration 2017

Overview

The Norfolk Island Employment (Show Day) Declaration 2017, made under the authority of the Administrator of Norfolk Island, is a legislative instrument designed to declare a specific day as Show Day, which will serve as a public holiday on Norfolk Island. This declaration was enacted to provide certainty regarding the observance of Show Day, which is intended to align with the annual Norfolk Island Royal Agricultural and Horticultural Show, held on the second Monday in October. The declaration was made under the provisions of section 9(2) of the Employment Act 1988 (NI), with the Commonwealth Minister delegating this authority to the Administrator of Norfolk Island. The intent of this legislation is to formally recognise Show Day as a public holiday, facilitating the observance of this event by ensuring that it is acknowledged as a day off for employees under the Employment Act 1988 (NI). The declaration process involved consultation with the show's organisers, who confirmed the scheduling of the event. Additionally, the instrument adheres to the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring its compatibility with human rights.

Scope and Application

The Norfolk Island Employment (Show Day) Declaration 2017 is an instrument made under the Employment Act 1988 (NI) and specifies a day to be designated as Show Day, a public holiday on Norfolk Island. The instrument applies to all employees and employers on Norfolk Island, designating a specific day as a public holiday to provide certainty for the observance of the day on the island. The instrument is geographically confined to Norfolk Island and is operational under the authority of the Administrator of Norfolk Island, who has been delegated the power by the Commonwealth Minister for this purpose. The instrument was prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in that act, as it does not engage with or raise any human rights issues.

Key Provisions

The Norfolk Island Employment (Show Day) Declaration 2017, made under section 9(2) of the Employment Act 1988 (NI), designates the second Monday in October as Show Day, which will be observed as a public holiday on Norfolk Island. This declaration, issued by the authority of the Administrator of Norfolk Island, provides the necessary legal framework for the observance of this day as a public holiday. Section 4 of the Declaration specifically mandates that Show Day be observed from the commencement of this instrument, ensuring that the second Monday in October is recognised as a public holiday in accordance with the Employment Act 1988 (NI). The obligations imposed by the Norfolk Island Employment (Show Day) Declaration 2017 include the requirement for all employers and employees to adhere to the public holiday provisions. Employers are obligated to ensure that employees do not work on Show Day, and employees are entitled to take the day off with their regular pay or benefits as per the Employment Act 1988 (NI). The declaration aims to provide certainty for the observance of Show Day, ensuring that all parties understand and comply with the legal requirements. The Norfolk Island Employment (Show Day) Declaration 2017 does not explicitly outline specific offences, penalties, or consequences for breach. However, any violations of the Employment Act 1988 (NI) in relation to public holidays could potentially incur civil or criminal penalties, depending on the nature and severity of the breach. Employers who fail to comply with the public holiday provisions may face fines or other sanctions, while employees who are compelled to work on a designated public holiday may have legal recourse for compensation. The specific penalties for breaches would be determined under the Employment Act 1988 (NI).