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Tasmania - Legislation

Guardianship and Custody of Infants Act 1934 (1934 - )

Principal Act

The Guardianship and Custody of Infants Act 1934 was also known by its full title 'An Act to consolidate certain Enactments relating to the Guardianship and Custody of Infants' (Act no.25 Geo. V No.29).


The Guardianship and Custody of Infants Act 1934 repealed a number of acts including:

  • The Infants' Custody Act 1874 (Act no.38 Vict. No.8);
  • The Guardianship of Infants Act 1887 (Act no.51 Vict. No.5); and
  • The Custody of Children Act 1891 (Act no.55 Vict. No.5).

The new legislation combined these three acts into one document that dealt with the custody of children where a parent had died, where the parents had divorced, the appointment and dismissal of guardians and situations where a parent was requesting guardianship of their child who was residing with an alternative guardian.

In addition the Guardianship and Custody of Infants Act enshrined the right of parents to ensure the religious instruction of their children whether under their guardianship or not, and included a provision for the consultation of children regarding custody. This consultation does not appear to be mentioned in previous Tasmanian legislation relating to guardianship.

Sources used to compile this entry: Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. 'Find and Connect Project - Tasmanian Legislation', 20 January 2014, held in the project files at the University of Melbourne eScholarship Research Centre.

Prepared by: Elizabeth Daniels