Testamentary Guardianship Act 1984

For this Act, a guardian of a child (other than a reference to a testamentary guardian) means any guardian of the child, whether appointed—

in accordance with this Act or a law of a State; or

by a judgment, decree or order of a federal court or a court of a State; or

in accordance with a law of a foreign country or part of a foreign country or by a judgment, decree or order of a court in a foreign country and that would be recognised by a Territory court in conformity with the common law rules of private international law.

However, a guardian of a child does not include—

the director‑general responsible for the Children and Young People Act 2008; or

a Minister of the Commonwealth or of a State who, under a law of the Commonwealth or of the State is, in his or her capacity as Minister, the guardian of the child.

State includes the Northern Territory (see Legislation Act, dict, pt 1).