Australian Capital Territory
Public Place Names (Denman Prospect) Determination 2018 
Disallowable instrument DI2018–7
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 (Denman Prospect) Determination 2018 determines the names of nine roads for the public places indicated in the diagram in the schedule to the determination. 

The names are consistent with the theme for Denman Prospect which is activism and reform.  The purpose of this determination is to commemorate the names of people associated with social justice, community activism, labour reform and advocacy for people with a disability.

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 six women and three 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.  This consultation and related steps are taken in accordance with the guidelines.  This determination has involved consultation with family members and liaison with state and national organisations.

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 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 (Denman Prospect) Determination 2018 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 places as specified in the schedule.