{"id":"a-1984-34","name":"Testamentary Guardianship Act 1984","slug":"testamentary-guardianship-act-1984","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24464,"registerId":"act-a-1984-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Testamentary Guardianship Act 1984","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTestamentary Guardianship Act 1984\nA1984-34\nRepublication No 10\nEffective: 22 November 2018\nRepublication date: 22 November 2018\nLast amendment made by A2018-42\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Testamentary Guardianship Act 1984 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n22 November 2018. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 22 November 2018.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTestamentary Guardianship Act 1984\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Meaning of parent 2\n5 Meaning of guardian 3\n6 Meaning of testamentary guardian 3\n7 Application of Act 3\n8 Appointment of testamentary guardians 4\n9 Appointment by persons not entitled to guardianship 4\n10 Time when appointment effective 4\n11 Effect of appointment 5\n12 Applications to Supreme Court 6\n13 Powers of Supreme Court 7\n\nContents\nPage\ncontents 2 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 8\nEndnotes\n1 About the endnotes 9\n2 Abbreviation key 9\n3 Legislation history 10\n4 Amendment history 13\n5 Earlier republications 16\n6 Renumbered provisions 16\n\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTestamentary Guardianship Act 1984\nAn Act to provide for the appointment of testamentary guardians, and for related\npurposes\n\nSection 1\npage 2 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Testamentary Guardianship Act 1984.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘guardian, of a child—see\nsection 5.’ means that the term ‘guardian’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Meaning of parent\nIn this Act:\nparent of a child does not include a parent whose guardianship of the\nchild has been abrogated by—\n(a) a judgment, decree or order of a federal court or a court of a\nState that is in force; or\n(b) a judgment, decree or order of a court in a foreign country that\nis in force and that would be recognised by a Territory court in\nconformity with the common law rules of private international\nlaw.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nSection 5\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Meaning of guardian\n(1) For this Act, a guardian of a child (other than a reference to a\ntestamentary guardian) means any guardian of the child, whether\nappointed—\n(a) in accordance with this Act or a law of a State; or\n(b) by a judgment, decree or order of a federal court or a court of a\nState; or\n(c) in accordance with a law of a foreign country or part of a foreign\ncountry or by a judgment, decree or order of a court in a foreign\ncountry and that would be recognised by a Territory court in\nconformity with the common law rules of private international\nlaw.\n(2) However, a guardian of a child does not include—\n(a) the director-general responsible for the Children and Young\nPeople Act 2008; or\n(b) a Minister of the Commonwealth or of a State who, under a law\nof the Commonwealth or of the State is, in his or her capacity as\nMinister, the guardian of the child.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n6 Meaning of testamentary guardian\nIn this Act:\ntestamentary guardian means a guardian appointed under section 8.\n7 Application of Act\n(1) This Act applies in relation to a child—\n(a) whether the child was born in the ACT or elsewhere; and\n(b) whether the child was born before or after the commencement\nof this Act.\n\nSection 8\npage 4 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Nothing in this Act is to be taken to affect the operation of the\nfollowing sections of the Adoption Act 1993:\n• section 8 (Rules of private international law not to apply)\n• section 43 (General effect)\n• section 53 (Recognition of Australian adoptions)\n• section 57L (Recognition of adoption order made outside\nAustralia).\n8 Appointment of testamentary guardians\nEach parent and each guardian of a child may, by will or codicil,\nappoint a person to be a guardian of the child or persons to be\nguardians of the child.\n9 Appointment by persons not entitled to guardianship\nAn appointment of a testamentary guardian of a child by a person who\nwas not, immediately before the person’s death, a parent or guardian\nof the child is of no effect.\n10 Time when appointment effective\nAn appointment of a testamentary guardian of a child takes effect—\n(a) where the appointor is survived by a parent of the child—\n(i) if the instrument of appointment shows that the appointor\nintended the appointment to take effect on his or her\ndeath—on the death of the appointor; or\n(ii) in any other case—on the death of that parent; or\n(b) where the appointor is not survived by a parent of the child—on\nthe death of the appointor.\n\nSection 11\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Effect of appointment\n(1) A testamentary guardian of a child has responsibility for the\nlong-term welfare of the child and has, in relation to that child, all the\npowers, rights and duties that are vested by law or custom in the\nguardian of a child, other than—\n(a) the right to have the daily care and control of the child; and\n(b) the right and responsibility to make decisions concerning the\ndaily care and control of the child.\n(2) Without limiting the application of subsection (1), a testamentary\nguardian of a child:\n(a) may take into his or her custody, and may manage, the real and\npersonal property of the child (not being property held by a\ntrustee under a trust) until he or she ceases to be the guardian of\nthe child; and\n(b) holds any real and personal property of the child that comes into\nhis or her custody as trustee for the child; and\n(c) may bring such proceedings as may be necessary to give effect\nto all or any of his or her powers under this section, including\nhis or her powers as trustee for the child; and\n(d) is responsible for accounting to the child, when the child attains\nthe age of 18 years, for his or her custody and management of\nthat property.\n(3) Where, at any time after an appointment of a testamentary guardian\nof a child takes effect—\n(a) no parent of the child is alive; and\n(b) no judgment or order of a federal court or a court of a State or\nTerritory granting custody or the right to have the daily care and\ncontrol of the child (however expressed) to another person is in\nforce; and\n\nSection 12\npage 6 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) no order relating to the child has been registered under the\nFamily Law Act 1975 (Cwlth), section 70G; and\n(d) no order that would, under the Family Law Act 1975 (Cwlth),\nsection 60F have effect for that Act as if it were an order granting\ncustody of the child is in force;\nthen the testamentary guardian has, in addition to the rights and\nresponsibility referred to in subsections (1) and (2)—\n(e) the right to have the daily care and control of the child; and\n(f) the right and responsibility to make decisions concerning the\ndaily care and control of the child.\n(4) Where—\n(a) an appointment of a testamentary guardian of a child has taken\neffect; and\n(b) another person or persons has or have the guardianship of that\nchild;\nthe testamentary guardian shall discharge his or her responsibility and\nduties and exercise his or her powers and rights in relation to that\nchild jointly with that other person or those other persons.\n12 Applications to Supreme Court\n(1) A testamentary guardian whose appointment does not, under\nsection 10, take effect on the death of the appointor may at any time\napply to the Supreme Court for an order that his or her appointment\ntake effect immediately.\n(2) Where an appointment of a testamentary guardian of a child has taken\neffect under section 10 (a) (i) or subsection (1), a parent of that child\nmay apply to the Supreme Court for an order that the guardianship of\nthe testamentary guardian be suspended until the death of the parent\nor for such period as is specified in the application.\n\nSection 13\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) On an application under this section, the Supreme Court may make\nor refuse to make the order sought, and may make such other orders\nas it thinks just.\n13 Powers of Supreme Court\n(1) Nothing in this Act shall be taken to affect the powers of the Supreme\nCourt relating to the guardianship and custody of children.\n(2) Without limiting subsection (1), nothing in this Act shall be taken to\naffect the power of the Supreme Court—\n(a) to settle disputes in relation to a child between persons having\nthe guardianship of the child; or\n(b) to appoint a guardian of a child; or\n(c) to appoint 1 of a number of persons having the guardianship of\na child to be the sole guardian of that child; or\n(d) to revoke the appointment of a guardian of a child.\n\nDictionary\npage 8 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• child\n• civil union\n• foreign country\n• State\n• Supreme Court\n• the Territory.\nchild means a person who is not and has not been married or in a civil\nunion, and has not attained the age of 18 years.\nguardian, of a child—see section 5.\nparent, of a child—see section 4.\ntestamentary guardian—see section 6.\n\nEndnotes\nAbout the endnotes 1\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 10 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Testamentary Guardianship Act 1984 was originally the Testamentary\nGuardianship Ordinance 1984. It became an ACT Act on self-government (11\nMay 1989).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nTestamentary Guardianship Act 1984 A1984-34\nnotified 23 July 1984\ncommenced 23 July 1984\nas amended by\nChildren’s Services (Miscellaneous Amendments) Ordinance 1986\nOrd1986-14\nnotified 4 June 1986\ncommenced 26 April 1988 (s 2 and Cwlth Gaz 1988 No S116)\nTestamentary Guardianship (Amendment) Ordinance 1987\nOrd1987-15\nnotified 1 May 1987\ncommenced 1 May 1987\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nAdoption (Consequential Amendments) Act 1993 A1993-23 s 6\nnotified 8 April 1993 (Gaz 1993 No S57)\ns 1, s 2 commenced 8 April 1993 (s 2 (1))\ns 6 commenced 31 July 1993 (s 2 (2) and see Gaz 1993 No 28)\n\nEndnotes\nLegislation history 3\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97\nsch pt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 Nov 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 382\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 382 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.28\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.28 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.98\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.98 commenced 12 April 2007 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.24\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.24 commenced 19 May 2008 (s 2 and CN2008-8)\n\nEndnotes\n3 Legislation history\npage 12 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.19\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.19 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nAdoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.5\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nsch 1 pt 1.5 commenced 22 April 2010 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.153\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.153 commenced 1 July 2011 (s 2 (1))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.25\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.25 commenced 11 September 2012 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.34\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.34 commenced 22 November 2018 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.488\nDictionary\ns 2 am Ord1986-14 s 11; A1994-97 sch pt 1; A1999-64 sch 2;\nA2006-22 amdt 1.119 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\ndefs reloc to dict A2007-3 amdt 3.489\nsub A2007-3 amdt 3.490\nNotes\ns 2A renum as s 3\nMeaning of parent\ns 2B renum as s 4\nMeaning of guardian\ns 2C renum as s 5\nMeaning of testamentary guardian\ns 2D renum as s 6\nNotes\ns 3 orig s 3\nrenum as s 7\npres s 3\n(prev s 2A) ins A2007-3 amdt 3.490\nrenum as s 3 A2007-3 amdt 3.494\nMeaning of parent\ns 4 orig s 4\nrenum as s 8\npres s 4\n(prev s 2B) ins A2007-3 amdt 3.490\nrenum as s 4 A2007-3 amdt 3.494\nam A2008-14 amdt 1.83; pars renum R5 LA\nMeaning of guardian\ns 5 orig s 5\nrenum as s 9\npres s 5\n(prev s 2C) ins A2007-3 amdt 3.490\nrenum as s 5 A2007-3 amdt 3.494\nam A2008-20 amdt 3.43; A2011-22 amdt 1.440\n\nEndnotes\n4 Amendment history\npage 14 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeaning of testamentary guardian\ns 6 orig s 6\nrenum as s 10\npres s 6\n(prev s 2D) ins A2007-3 amdt 3.490\nrenum as s 6 A2007-3 amdt 3.494\nApplication of Act\ns 7 orig s 7\nrenum as s 11\npres s 7\n(prev s 3) am A1993-23 s 6\nrenum as s 7 A2007-3 amdt 3.494\nam A2009-36 amdt 1.7\nAppointment of testamentary guardians\ns 8 orig s 8\nrenum as s 12\npres s 8\n(prev s 4) renum as s 8 A2007-3 amdt 3.494\nAppointment by persons not entitled to guardianship\ns 9 orig s 9\nrenum as s 13\npres s 9\n(prev s 5) renum as s 9 A2007-3 amdt 3.494\nTime when appointment effective\ns 10 orig s 10\nom Ord1989-38 sch 1\npres s 10\n(prev s 6) renum as s 10 A2007-3 amdt 3.494\nEffect of appointment\ns 11 orig s 11\nom A2001-44 amdt 1.4022\npres s 11\n(prev s 7) am Ord1987-15; ss renum R3 LA\nrenum as s 11 A2007-3 amdt 3.494\nam A2018-42 amdt 3.112\nApplications to Supreme Court\ns 12 (prev s 8) am A2007-3 amdt 3.491, amdt 3.492\nrenum as s 12 A2007-3 amdt 3.494\nss renum R4 LA\nPowers of Supreme Court\ns 13 (prev s 9) renum as s 13 A2007-3 amdt 3.494\n\nEndnotes\nAmendment history 4\nR10\n22/11/18\nTestamentary Guardianship Act 1984\nEffective: 22/11/18\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2007-3 amdt 3.493\nam A2012-40 amdt 3.103\ndef child am A2006-22 amdt 1.117 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93))\nreloc from s 2 A2007-3 amdt 3.489\nam A2012-40 amdt 3.102\ndef exnuptial child om A2006-22 amdt 1.118 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nreloc from s 2 A2007-3 amdt 3.489\nom A2008-14 amdt 1.84\ndef guardian ins A2007-3 amdt 3.493\ndef parent ins A2007-3 amdt 3.493\ndef testamentary guardian ins A2007-3 amdt 3.493\n\nEndnotes\n5 Earlier republications\npage 16 Testamentary Guardianship Act 1984\nEffective: 22/11/18\nR10\n22/11/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 31 August 1991\n2 A1993-23 31 August 1993\n3 A2001-44 4 February 2002\n4 A2007-3 12 April 2007\n5 A2008-14 19 May 2008\n6 A2008-20 27 October 2008\n7 A2009-36 22 April 2010\n8 A2011-22 1 July 2011\n9 A2012-40 11 September 2012\n6 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R4 (see Statute Law\nAmendment Act 2007 A2007-3 amdt 3.494). Details of renumbered provisions are\nshown in endnote 4 (Amendment history). For a table showing the renumbered\nprovisions, see R8.\n© Australian Capital Territory 2018","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The statutory text has been amended repeatedly since 1984, altering definitions, cross‑references and certain powers. Key changes shown in the endnotes include insertion and relocation of definitions and dictionary terms (A2007‑3), interaction rules with the Adoption Act (A1993‑23) and Family Law Act references in s 11(3)(c),(d), and an amendment to s 11 recorded A2018‑42 amdt 3.112. Those amendments changed who is covered, how appointments interact with other orders, and the detailed powers and duties of testamentary guardians."},"complexity_factors":["Cross‑Act references and interactions (Adoption Act 1993; Family Law Act 1975) create conditional rules about when daily care rights attach (see s 7(2) and s 11(3)(c),(d)).","Timing rules for when an appointment takes effect depend on survival of parents and on the will’s wording (see s 10).","Division of functions between long‑term welfare powers and daily care/responsibilities (testamentary guardian generally lacks day‑to‑day rights unless conditions in s 11(3) are met).","Trustee‑style property powers and an accounting obligation when the child turns 18 (see s 11(2)(a),(b),(d)).","Eligibility limitation: only a person who was a parent or guardian immediately before death can validly appoint (see s 9).","Court discretion and remedies: applications to the Supreme Court can activate appointments, suspend guardianship, settle disputes, or alter guardianship (see ss 12–13).","Exclusions in the definition of guardian (public office holders excluded) affect who counts as a guardian under the Act (see s 5(2)).","Concise instrument with many interlinked legal definitions in the dictionary and amendment/renumbering history that require attention when reading earlier versions (see Dictionary and endnotes)."],"plain_english_summary":"This Act lets a parent or an existing guardian name, in a will, a person to be a testamentary guardian for their child. It sets when that appointment takes effect, the guardian’s long‑term powers (including managing the child’s property) and the limits on daily care unless no parent survives. The Supreme Court can be asked to activate, suspend or resolve disputes about such appointments. It matters to parents, guardians, appointed persons, and any child who may need a substitute long‑term carer and property manager after a death."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: providing a mechanism for parents and guardians to appoint testamentary guardians by will. While amendments have updated terminology (e.g., adding 'civil union' to the definition of child, updating references to the Children and Young People Act 2008, and modernising language), the core scope has not expanded beyond testamentary appointments and their legal effects."},"complexity_factors":["Short statute with only 13 operative sections plus a dictionary","Minimal cross-referencing – primarily references to external legislation (Adoption Act 1993, Family Law Act 1975, Children and Young People Act 2008) in sections 5 and 7","Straightforward conditional logic in section 10 (two scenarios: survived by parent vs not survived by parent)","Section 11 contains nested conditions (subsection 3 has four cumulative conditions that must all be met before daily care rights vest), but these are clearly enumerated","Only 4 defined terms in the dictionary (child, guardian, parent, testamentary guardian), with signpost definitions to sections 4-6","No exceptions to exceptions or deeply layered provisos","Clear structure: definitions → application → appointment mechanics → effect → court powers"],"plain_english_summary":"This Act lets parents or legal guardians in the ACT name a testamentary guardian in their will to look after their children’s long-term welfare and manage any property if the parents die. It applies to children under 18 and the person named in the will.\n\nThe appointment generally takes effect when the last parent dies (or earlier if the will says so), does not automatically give daily care rights while a parent lives, and remains subject to Supreme Court oversight."}},"importantCases":[],"_links":{"self":"/api/acts/testamentary-guardianship-act-1984","history":"/api/acts/testamentary-guardianship-act-1984/history","analysis":"/api/acts/testamentary-guardianship-act-1984/analysis","conflicts":"/api/acts/testamentary-guardianship-act-1984/conflicts","importantCases":"/api/acts/testamentary-guardianship-act-1984/important-cases","documents":"/api/acts/testamentary-guardianship-act-1984/documents"}}