Australian Capital Territory
Public Place Names (Molonglo Valley District) Determination 2017
Disallowable instrument DI2017–269
made under the  
Public Place Names Act 1989, s 3 (Minister to determine names)
EXPLANATORY STATEMENT

Overview

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 (Molonglo Valley District) Determination 2017 determines the name of Whitlam for the division indicated in the diagram in the schedule to the determination. 

The purpose of this determination is to name the first division within stage three of the Molonglo Valley District development project.  The Division of Whitlam commemorates the 21st Prime Minister of Australia.

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 man.

Consultation
If a division 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.  The family of The Hon. Gough Whitlam AC, QC has endorsed the naming of the Division of Whitlam. 

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 a division name 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 persons occupying the positions of Director-General and Deputy Director-General of the Environment, Planning and Sustainable Development Directorate, refer to the 
Legislation (Environment and Planning Directorate) Delegation 2016 (No 2), notifiable instrument NI2016-289. 

Status of this Explanatory Statement
This explanatory statement relates to the Public Place Names (Molonglo Valley District) Determination 2017 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 Division Name
This clause names the division as specified in the schedule.