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23 Jan 2021

an Australian lawyer who is granted a practising certificate under: 4.1. A statutory declaration is a written statement that a person (the declarant) signs and declares to be true and correct in the presence of an authorised witness. If you are using a solicitor to witness your signature, then they must be impartial, it cannot be the same solicitor as the one acting for you in a legal matter. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. Although (unlike an affidavit) a statutory declaration is not made by an oath or affirmation, a false statement in a statutory declaration is a criminal offence and may result in a fine or imprisonment. Under Section 30 of the Oaths and Affirmations Act 2018 (External link) (as of 1 March 2019), previously Evidence (Miscellaneous Provisions) Act 1958 (External link), the list of persons who may witness statutory declarations includes: If you are authorised because of your profession you can witness any statutory declaration, not just those related to your profession. It includes an acknowledgement that the declarant knows that it is an offence to make a statement they know to be untrue. 16 October 2019. Your witness must: be on the list of approved witnesses, and; have a connection to Australia or; be a notary public (with or without a connection to Australia) If you are not in Australia, you will need to find an approved witness overseas. 2. Revenue Office), © State of Victoria (State Revenue Office), Javascript must be enabled for the correct page display, Take a moment to tell us why. a scanner if you want to sign a hard copy of the statutory declaration document. In some situations, it is enough to confirm a fact by statutory declaration, for example, when selling a property or applying for a loan, while in other cases, such as applying for probate or in divorce cases, an affidavit is required. Authorised Witnesses for Statutory Declarations PDF (76.94KB) Page reviewed 27 March 2020. In 2018 its fourth phase - Burra Lotjpa Dunguludja - was launched, How to request access to documents held by the department's business units, History and legislation behind the recognition and protection of native title in Victoria, Adoption permanently transfers the parental rights and responsibilities of natural parents over to adoptive parents. Please note that if a statutory declaration requires copies of documents to be attached, copies of these documents cannot currently be certified remotely. On occasions, you may need to provide us with a statutory declaration. You can be charged with a criminal offence if the information is false. This could be fax, email or some other way of electronically sending documents. a printer to print out a copy of the statutory document. In New South Wales, an authorised witness must be a: 1. justice of the peace 2. notary public 3. commissioner of the court for taking affidavits 4. legal practitioner, i.e. Published. It is the Commonwealth law that refers to a ‘Permanent employee of … a State or Territory authority… with 5 or more years of continuous service…’. A senior officer of a Victorian municipal Council who meets one of the following criteria: A member of Council staff with management responsibilities and reporting directly to the Chief Executive Officer, Any other member of Council staff earning a salary of at least $124,000 (or a higher threshold, if specified by the Minister under s 97B of the, A fellow of the Institute of Legal Executives (Victoria), For example, an arbitrator or any person or body with authority to hear, receive and examine evidence, Any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to administer affidavits, sign or initial any changes that have been made to the original statutory declaration. It’s your responsibility to make sure your declaration is correct and meets all the necessary legal requirements. Businesses and individuals have already been using electronic signatures on contracts and other documents for some time and the Law Commission confirmed in its September 2019 report 'Electronic execution of documents' that it was permissible under English law to sign legal documents electronically. Custodians of the land and acknowledges and pays respect to their Elders, past and present. Related links. Question: 1. Section 20 of the Statutory Declarations Act 1835 (“SDA”) prescribes the form of the statutory declaration to be given is as set out in the Schedule to the Act. A statutory declaration can be signed by a person outside Australia, provided their occupation appears on the list of authorised witnesses who hold an official, administrative connection to Australia, with the exception of a notary public. The person making the statutory declaration must, in the section provided on the form, legibly write, type or stamp their: You must, in the section provided on the form, sign and write, type or stamp your: Jenny Law This page explains who can act as a witness for a statutory declaration which is made under the Statutory Declarations Act 1959 (Cth).. Please use an updated form, like the form on the Statutory declarations page. This page contains information for authorised statutory declaration witnesses. In addition to the normal requirements, the witness must also include a statement that it was witnessed using an audio-visual link in compliance with the Regulations. Any authorised affidavit taker, including: The prothonotary or a deputy prothonotary of the Supreme Court, The registrar of probates or an assistant registrar of probates, The registrar or a deputy registrar of the County Court, The principal registrar, a registrar or a deputy registrar of the Magistrates’ Court, The principal registrar, a registrar or a deputy registrar of the Children’s Court, The principal registrar, a registrar or a deputy registrar of VCAT, The principal registrar or a registrar of the Coroners Court, A member or former member of either House of the Parliament of Victoria, A member or former member of either House of the Parliament of the Commonwealth. Who can witness your statutory declaration. On the copy you send back to the person, they must type or write: This is a true copy of the statutory declaration made by me [their full name]. Department of Justice. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. Public Service Employee Grade 4. You can also physically sign a hardcopy version of the document and then scan it. The Department of Justice and Community Safety provides a clear explanation of how to make a statutory declaration, including who can witness your signature. Review of the Statutory Declarations Regulations 1993. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 1 Smith Street Melbourne Victoria 3000 In Canadian jurisdictions, statutory declarations are statements of facts written down and attested to by the declarant before individuals who are authorized to administer oaths except that they are normally used outside of court settings. Assistance was provided by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. For example: A statutory declaration for use in Victoria can be witnessed by: The Oaths and Affirmations Act 2018 (External link) prescribes: The Act and related regulations bring together, clarify and update laws about oaths, affirmations, affidavits and statutory declarations that were previously found in the Evidence (Miscellaneous Provisions) Act 1958 (External link). After the declarant (the person making the statutory declaration) and the witness have signed the document, the person assisting must be sent the copy of the statutory declaration before it is finalised. © State of Victoria (State They also have a statutory declaration form that you can download. Statutory declarations during COVID-19 A statutory declaration is a written statement that is declared or sworn on oath or affirmation before a person who is authorised by law to take (i.e. When signing the statutory declaration authorised witnesses should indicate on the form which category of authorised witness they fall into. This was al… Member of the Australian Defence Force who meets at least one of the following criteria: A non-commissioned officer with 5 or more years of continuous service, Member of the Australasian Institute of Mining and Metallurgy, Member of the Governance Institute of Australia Ltd, Notary public, including a notary public exercising functions at a place outside either the Commonwealth or the external Territories of the Commonwealth, Permanent employee of the Australian Postal Corporation with 5 or more years continuous service who is employed in an office providing postal services to the public. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. A Statutory Declaration is a statement or fact that is created and signed in the presence of a UK solicitor, Notary Public or anyone who is authorised by law to hear it. the penalties for false statutory declarations. If you need to make a statutory declaration, please see the Statutory declarations page. A Notary Public – a lawyer who specialises in the authentication of legal documents internationally. If you'd like a response to your feedback, please, Department of Justice and Community Safety provides a clear explanation, Commercial Passenger Vehicle Service Levy. By signing it, you agree that the information in it is true. a person who is unable to speak may be able to read or listen to the statutory declaration being read and nod assent. To reiterate, it’s usually possible to find a Commissioner for Oaths from the Singapore courts, ministries or statutory boards to witness you swearing/affirming your statutory declaration if you are required to submit one to them.However, for whatever reasons of your own, you may prefer to look for your own lawyer to do this. This legislation also provides a clear statutory process for certifying that a document is a true copy of an original document. Statutory Declarations are signed in the presence of a UK official to ensure that the written statement does not contain any false information or material. Privacy law regulates how personal information is obtained, used and disposed of. A NSW statutory declaration is made under the Oaths Act 1900. Statutory declarations are used for many purposes, including to: They are often used to obtain a right or benefit and therefore must contain truthful information. the person must be an 'authorised witness'). Permanent employee with 5 or more years of continuous service who is not otherwise specified, if employed at one of the following: Registrar, or Deputy Registrar, of a court, Senior executive employee of a Commonwealth authority, Senior executive employee of a State or Territory, Senior Executive Service employee of the Commonwealth, State Trustees officer or employee with a classification level of 2 or above, Teacher employed on a permanent full-time or part-time basis at a school or tertiary education institution, Transport Accident Commission officer or employee with a classification of level 2 or above, VicRoads officer or employee with a classification of level 2 or above, A Victorian Public Service employee with a prescribed classification level of 2 or above, For example, a project officer employed as a VPS4 or an administrative assistant employed as a VPS2, Victorian WorkCover Authority officer or employee with a classification of band 2 or above. For impartiality, it is … My wife is in a profession that's able to sign statutory declarations and certify documents. an agreed way to meet online. You need to sign your statutory declaration in front of one of the following people (note that they also need to sign your statutory declaration and state their position which authorises them to witness you making your declaration). The Victorian Act says that a person can witness a statutory declaration if they are authorised to witness a declaration by the Commonwealth law (s 30(2)(c)). You can ask them to repeat the words after you, or they can read them aloud. sign the certificate yourself and include your qualification as a statutory declaration witness under your signature. Documents. Similarly, a statutory declaration is also a written statement that a person promises is true and must be witnessed by an authorised person. If this is required, the person assisting must also be present by audio-visual link when the statutory declaration is signed. If yes, then Can the same person be the witness and attesting person? The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … any person on the list of authorised statutory declaration witnesses above who happen to be outside Victoria at the time, certain consular officials on the list of authorised statutory declaration witnesses above. The rapid spread of Covid-19 and the sudden closure of commercial premises across the UK has prompted a need for clear direction on the use of electronic signatures and the risks and difficulties which can be associated with their use. say the declaration: 'I, [your full name] of [your address], declare that the contents of this statutory declaration are true and correct'. They have the same effect in law as a sworn statement or affidavit. When a person makes a declaration, they are testifying that the contents of the statutory declaration are either: Do I have to attest all the pages of the statutory declaration document even if it is witnessed by a notary public? In addition, there have been reports of solicitors swearing statutory declarations remotely by Skype and this note addresses whether this is safe practice. Statutory declarations are used for many purposes, including: to verify insurance claims A solicitor. Only certain people in New Zealand can witness a statutory declaration. For example, proof of death to be used for land transfer when one of the grantor dies. The law does not prohibit other witnesses charging a fee or asking for small donation to a charity instead of a fee. I vaguely remember someone telling me a spouse is disqualified from doing so. Non-business licences, certificates and registers, including birth certificates and Working with Children Checks, Victoria’s consumer affairs regulator helps Victorian consumers and businesses to be informed and responsible. For the statutory declaration to be valid, the following steps must happen: If for some reason you are interrupted and cannot complete witnessing the document that day, you will need to start from the beginning. Can a spouse be a witness in a document? Any person who helps with these tasks must clearly write or stamp on the front page of the statutory declaration: This is not required if the help is given by: You must read the document aloud to them. A statutory declaration is a legally recognised written statement that the person making the statutory declaration (the declarant) promises is truthful. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). 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