Australian Capital Territory
Public Place Names (Moncrieff) Determination 2016
Disallowable instrument DI2016–37
made under the  
Public Place Names Act 1989, s 3 (Minister to determine names)
EXPLANATORY STATEMENT

Overview

Background
The Public Place Names Act 1989 (the Act) sets out the process and criteria for the naming of divisions and public places.  Section 2 of the Act defines a “public place” as including “an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land”.  

Section 3 of the Act gives the Minister the power to determine the name of a division or public place. The determination of the Minister is a disallowable instrument and as such must be notified in the ACT Legislation Register.

The factors that the Minister must have regard to in determining a name are set out in sections 3 and 4 of the Act.  Section 3(3)(a) of the Act requires the Minister to consider the Public Place Names (Naming of Public Places) Guidelines 2014 (No 1) (guidelines) when naming a public place.  The guidelines are made under section 4A of the Act and are notified at http://www.legislation.act.gov.au/ni/2014-643/default.asp.  

The Determination
The Public Place Names (Moncrieff) Determination 2016 determines the name Dawson Park for the urban open space indicated in the map in the schedule to the determination. 

The name is consistent with the theme for Moncrieff which is ‘musicians and those associated with the field of music’.  The purpose of this determination is to co-commemorate two musicians bearing the same family name who have made a significant contribution to their respective fields of Australian music.  Though not related, the two men were acquainted. 	

The number of women and men after whom divisions or public places have been named in the last 10 years, and whether the names of women are well represented, has been considered as required by section 3(2) of the Act. This instrument commemorates two men.

Consultation
If a public place is proposed to be named after a particular person reasonable steps are taken to obtain prior permission from the person’s relatives, close colleagues or a relevant professional organisation.  In accordance with the guidelines, consultation was undertaken with relatives of both men, and with organisations closely associated with their careers.  

Regulatory Impact Statement (RIS)
The Legislation Act 2001 (Legislation Act) requires a RIS for regulations and disallowable instruments subject to specified exceptions.  In this case, a RIS is not required because the determination does not impose any appreciable costs on the community or part of the community (s 34(1) of the Legislation Act).  Further, a RIS is also not required because while the determination of place names is culturally and socially significant it does not adversely affect rights or impose liabilities on a person (s 36(1)(b) of the Legislation Act). 

Human Rights
Section 12 of the Human Rights Act 2004 creates a right to privacy and reputation. 
Conceivably, the naming of a place has the potential to infringe the right to privacy and reputation of a person after whom a place is named. In this case the process through which places are named ensures that this right is not infringed and that only appropriate information is included in a determination. This process includes the consultation described above. Additionally, in relation to places named after people, only the names of deceased persons are determined.

Delegation
This determination is made by a delegate of the Minister.  The Minister has delegated the power under section 3 of the Act to name a division or public place to the Director-General of the Environment and Planning Directorate and other senior officers within the Directorate, refer to the Legislation (Environment and Planning
Directorate) Delegation 2014 (No 1), notifiable instrument NI2016-146. 

Status of this Explanatory Statement
This explanatory statement relates to the Public Place Names (Moncrieff) Determination 2016 (No 1) as made by the delegate of the Minister and presented to the ACT Legislative Assembly. It has been prepared in order to assist the reader of the disallowable instrument. It does not form part of the disallowable instrument and has not been endorsed by the Assembly. 

Clause Notes

Clause 1 – Name of Instrument
This clause names the instrument.

Clause 2 – Commencement
This clause provides for the commencement of the instrument.

Clause 3 – Determination of Place Names
This clause names the public place as specified in the schedule.