Notice – Proclamation – Special Public & Bank Holidays 2022 Territory of Cocos (Keeling) Islands No 01/2022

Overview

The Special Public and Bank Holidays 2022 Notice, issued under the authority of the Cocos (Keeling) Islands Act 1955, was enacted to establish a set of special public and bank holidays in the Territory of Cocos (Keeling) Islands effective from 31 March 2022. This legislation was introduced to address the need for recognising cultural and religious holidays that hold significance to the local community. The notice was proclaimed by Natasha Griggs, the Administrator of the Territory of Cocos (Keeling) Islands, who exercised the powers delegated to her under the Public and Bank Holidays Act 1972 (WA)(CKI), as enabled by section 8A of the Cocos (Keeling) Islands Act 1955. The primary policy objective behind this proclamation is to provide public servants and employees with designated days off to celebrate significant cultural and religious events, thereby fostering a sense of inclusivity and respect for the diverse cultural fabric of the territory.

Scope and Application

The Notifiable Instrument F2022N00088, proclaimed under the authority of the Public and Bank Holidays Act 1972 (WA) (CKI) and enabled by section 8A of the Cocos (Keeling) Islands Act 1955, designates specific days as special Public and Bank Holidays in the Territory of Cocos (Keeling) Islands. The proclamation, issued by Natasha Griggs, the Administrator of the Territory, determines these special holidays effective from Thursday, 31 March 2022. These holidays include Act of Self Determination Day on Wednesday, 6 April 2022, Hari Raya Puasa on Tuesday, 3 May 2022, Queen’s Birthday on Monday, 6 June 2022, Hari Raya Haji on Monday, 11 July 2022, and Hari Maulaud Nabi on Monday, 10 October 2022. It is noteworthy that the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change as they are determined by the lunar calendar and thus depend on the sighting of the new moon. This proclamation applies to all persons and entities within the Territory of Cocos (Keeling) Islands, establishing these dates as non-working days and public holidays.

Key Provisions

The main operative sections of this notifiable instrument (F2022N00088) declare specific days as special Public and Bank Holidays in the Territory of Cocos (Keeling) Islands for the year 2022. These sections include the Act of Self Determination Day on Wednesday, 6 April 2022, Hari Raya Puasa on Tuesday, 3 May 2022, Queen’s Birthday on Monday, 6 June 2022, Hari Raya Haji on Monday, 11 July 2022, and Hari Maulaud Nabi on Monday, 10 October 2022 (F2022N00088). It is important to note that the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change, as they are based on the lunar Islamic calendar and are dependent on the sighting of the new moon. The Act imposes obligations on all parties and entities within the Territory of Cocos (Keeling) Islands to observe these specified days as special Public and Bank Holidays. This means that on these days, businesses, schools, and other organisations must either close or operate under special conditions. It is the responsibility of employers to ensure that their employees are afforded the appropriate holiday entitlements, and for educational institutions to adjust their schedules accordingly. There are no explicit offences, penalties, or civil/criminal consequences stated within the notifiable instrument for non-compliance with these special Public and Bank Holidays. However, it is likely that the local government would enforce these holidays through administrative actions, such as fines or other penalties, as per the Public and Bank Holidays Act 1972 (WA)(CKI) and the Cocos (Keeling) Islands Act 1955. The maximum penalties would depend on the specific regulations in place within these Acts. In summary, while the notifiable instrument does not outline specific penalties, it is expected that non-compliance with the special Public and Bank Holidays would result in appropriate actions taken under the governing legislation.