Australian Capital Territory
Public Place Names (Belconnen District) Determination 2016 
Disallowable instrument DI2016–193
made under the  
Public Place Names Act 1989, s3 (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.  A division in relation to land means a division under the Districts Act 2002, section 6.  The formal naming under the Act is as a division but most people would know this naming as a suburb.

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

Section 3(2) of the Act requires the Minister, if making a determination about the naming of a division after a person mentioned in section 4(2)(a) or (b) of the Act, to consider 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.

The Determination
The Public Place Names (Belconnen District) Determination 2016 determines the names of Macnamara and Strathnairn for the divisions indicated in the map in the schedule to the determination. 

The purpose of this determination is to name the first two divisions within the west Belconnen development project.  The Division of Macnamara will commemorate the significant contribution by medical scientist, Dame Jean Macnamara, DBE and the Division of Strathnairn will commemorate a local property name which has been associated with the west Belconnen area since the 1930s. 

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 one woman.

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. This consultation and related steps are taken in accordance with the Public Place Names (Naming of Public Places) Guidelines 2014 (No 1).  

The family of Dame Jean Macnamara, DBE has endorsed the naming of the 
Division of Macnamara and representatives of the Baird family and the Strathnairn Arts Association were consulted about the naming of the Division of Strathnairn. 

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 divisions 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 divisions 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 (Belconnen District) Determination 2016 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 Divisions
This clause names the divisions as specified in the schedule.