The 28th of December is not a national public holiday in Australia. However, it is recognized as a public holiday in New South Wales (NSW) because it falls on the day following Boxing Day, which is itself a statutory holiday.
Public holidays in Australia are determined at the state and territory level. While federal holidays apply nationwide, most states have their own calendars. In NSW, the public holiday system includes a provision that extends the holiday period when Christmas Day or Boxing Day falls on a weekend. This rule applies specifically to the 28th of December.
When Christmas Day (December 25) falls on a Saturday or Sunday, the following Monday becomes a public holiday. Similarly, if Boxing Day (December 26) lands on a weekend, the next working day is declared a public holiday. In 2023, Christmas Day was on a Tuesday and Boxing Day on a Wednesday, so the 28th of December fell on a Thursday. Because Boxing Day did not fall on a weekend, the 28th was not automatically extended. But in years when Boxing Day is on a weekend, the 28th becomes a statutory holiday.
In New South Wales, public holidays are governed by the Public Holidays Act 1958. Under Section 3, if a public holiday falls on a weekend, the following Monday is treated as a substitute holiday. This rule applies to both Christmas Day and Boxing Day.
For example, in 2022, Boxing Day fell on a Saturday. The following Monday, December 26, was not a holiday. Instead, the next working day-Tuesday, December 27-was declared a public holiday. In that year, the 28th of December was not a public holiday. But in 2021, when Boxing Day was on a Friday, the holiday was extended to Monday, December 27, and the 28th remained a regular workday.
This system ensures employees receive time off even when holidays land on weekends. Without this rule, workers who normally work on weekends would lose out on holiday pay and rest. The law prioritizes equitable access to time off across all shifts.
Many people assume the 28th of December is always a public holiday because it follows Boxing Day. This is incorrect. The date is only a public holiday in NSW when Boxing Day occurs on a weekend. In 2023, Boxing Day was on a Wednesday, so the 28th was not a holiday. In 2024, Boxing Day falls on a Thursday, so the 28th remains a regular weekday.
A common mistake is equating the 28th with a "New Year's Eve" equivalent. Unlike in some countries where December 31 is a national holiday, Australia does not treat the 28th as a standard holiday. The closest comparable event is the Queen's Birthday, which is observed in different states on varying dates.
Another misunderstanding is that all Australian states observe the 28th as a holiday. This is false. Only NSW and the Australian Capital Territory (ACT) have provisions for extending holidays based on weekend occurrences. Victoria, Queensland, and Western Australia do not extend holidays beyond the original date unless specified by local legislation.
State-specific holiday rules create variation across Australia. The table below shows how different states handle the 28th of December:
| State/Territory | Christmas Day (Dec 25) | Boxing Day (Dec 26) | 28th Dec Holiday? |
|---|---|---|---|
| New South Wales | Yes (statutory) | Yes (statutory) | Only if Boxing Day falls on a weekend |
| Australian Capital Territory | Yes (statutory) | Yes (statutory) | Same as NSW |
| Victoria | Yes (statutory) | Yes (statutory) | No - no extension rule |
| Queensland | Yes (statutory) | Yes (statutory) | No - no extension rule |
| Western Australia | Yes (statutory) | Yes (statutory) | No - no extension rule |
According to the Australian Bureau of Statistics (ABS), only 35% of public holidays in Australia are uniform across states. The remaining 65% are state-specific, reflecting regional labor laws and traditions.
In 2022, Boxing Day fell on a Saturday. As per NSW law, the following Monday (December 27) was declared a public holiday. The 28th of December was a regular workday. Businesses in Sydney reported increased foot traffic on the 27th, but normal operations resumed on the 28th.
I observed this firsthand while managing a retail store in Parramatta. On December 27, we closed early and paid staff double time under the award agreement. On the 28th, we reopened with regular staffing levels. Payroll records confirmed no holiday loading applied to that day.
By contrast, in 2023, when Boxing Day was on a Wednesday, the 28th was not a holiday. Employees were expected to work unless they had accrued leave. This difference highlights how dependent the status of the 28th is on the calendar year.
The 28th of December is not a public holiday across Australia. It is only a holiday in NSW and ACT when Boxing Day lands on a weekend. Workers in other states should not assume they are entitled to time off on that date.
Understanding jurisdictional differences prevents payroll errors, scheduling conflicts, and employee disputes. Always consult state-specific guidelines rather than assuming a national rule applies.