a public notary. A person currently licensed or registered to practice in Australia as one of the following occupations: Architect; Chiropractor The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event. EDIT: A certifier should never witness documents for their family, business, clients, employer or any other person where it could create a real or perceived conflict of interest for them. Under Section 39 of the Oaths and Affirmations Act 2018 (External link) (as of 1 March 2019) the list of persons who may certify copies of original documents includes:. The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers and Justices of the Peace amongst many others.. Who can witness or attest the signing of a will for it to be valid in law? Some witnesses required a person making a statutory declaration to make a declaration aloud but others only required the statutory declaration to be signed. •    a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth PERSONS WHO CAN WITNESS COMMONWEALTH (FEDERAL) STATUTORY DECLARATIONS A statutory declaration under the Statutory Declarations Act 1959 (as amended) may be made before - Part 1 - Members of Certain Professions Chiropractor, Dentist, Legal practitioner, Medical practitioner, Nurse, Patent attorney, Pharmacist, Physiotherapist, Psychologist, If you have been asked to witness a statutory declaration or affidavit, you need to follow the eleven steps listed below. This support gives individuals and their families a greater voice - recognising that they know what will best meet their support needs. Statutory declarations are not the same as affidavits, as they are not confirmed by oath or affirmation. List of Twitter handles of major journalists and media outlets + scientists/ economists etc. •you must not act as the witness for a statutory declaration or affidavit that you yourself are declaring, swearing or affirming, and •you must not certify a copy of your own original document, such as your own birth certificate. Refer also to the definition of authorised affidavit taker . Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. Authorised witnesses of stat decs also include dentists, pharmacists, veterinary surgeons and medical practitioners, among other highly regarded professions, who are currently licensed or … These are outlined below. If you intentionally make a false statement in a statutory declaration, you can be charged with a criminal offence. For example: • you must not act as the witness for a statutory declaration or affidavit that you yourself are declaring, swearing or affirming, and • you must not certify a copy of your own original document, such as your own birth certificate. The Minister may appoint persons to be commissioners for declarations. |  Sitemap, Strategic Discretionary Trust Deed Review, SMSF Bare Trust Package - Related Party Loan, Transition to Retirement Income Stream (TRIS), SMSF Bare Trust package - Related Party Loan, Transition to Retirement Income Stream (TRIS) Reset, an Australian lawyer (within the meaning of the, the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or the deputy registrar of the County Court, the principal registrar of the Magistrates' Court or the registrar or the deputy registrar of the Magistrates' Court, the registrar of probates and the assistant registrar of probates, the associate to a judge of the Supreme Court or of the County Court, the secretary of a master of the Supreme Court or of the County Court, a person registered as a patent attorney under Chapter 20 of the, a member or a former member of either House of the Parliament of Victoria, a member or a former member of either House of the Parliament of the Commonwealth, a senior officer of a council as defined in the, a registered medical practitioner within the meaning of the, a registered dentist within the meaning of the, a principal in the (State) teaching service, a member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants, a minister of religion authorised to celebrate marriages (not a civil celebrant). 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. •    a registered dentist within the meaning of the Dental Practice Act 1999 Your email address will not be published. The Form 888s are very important relationship evidence and go to demonstrate both the social aspects of the relationship and that your relationship as a couple is accepted by your friends and family. These are outlined below. These types of declarations are made subject to the provisions of certain legislation. List of persons who may witness statutory declarations in Victoria ... Director of the Australian Institute of Family Studies IBAC Officers Judge Justice of the Peace Local government Councillor . • You are in Brisbane, and someone approaches you to witness a family law form (a Commonwealth document), which is to be used in Western Australia. The Commonwealth statutory declaration contains the list of authorised witnesses on it. Yes. The person making the statutory declaration must confirm the truth of the statement in the presence of the authorised statutory declaration witness in accordance with the prescribed requirements. Affidavit An affidavit […] Copies of documents can only be certified by a person authorised to witness a statutory declaration. As part of making a statutory declaration, it is usual for the declarant to repeat the following words in the presence of the authorised witness: 'I solemnly and sincerely declare that the contents of this declaration are true and correct and … See section 19(1) for a list of authorised affidavit takers. You cannot witness or certify a document for yourself. a justice of the peace or a bail justice. Statutory declarations. Your approved witness can be a: family member; friend Please note our technical articles are for information purposes only and do not constitute legal advice. 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Generally speaking, a witness must be: At least 18 years old ; … We only give information about Commonwealth statutory declarations. Use of this site is subject to our Terms of Use and our Privacy Policy. Alternatively, you can consider seeking legal advice from a qualified lawyer. Despite what some people (and employers) think, the person witnessing the statutory declaration is not confirming that the information in the statutory declaration is true. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. •    a member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants Statutory declarations . By signing it, the person agrees that the information in it is true, and the person can be charged with a criminal offence if the information is false. Schedule 2 of the Oaths Affidavits and Statutory Declarations Act 2005 provides a list of persons authorised to witness a statutory declaration… Free Practical Law trial To access this resource, sign up for a free trial of Practical Law. By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can … Modern Business by Slocum Studio. How to write a statutory declaration The person making a statutory declaration is … Please note this article is for information purposes only and does not constitute legal advice. ». There was a thread on this a while back, there is a difference between stat decs and cerified copies. This guide deals only with the use of . •    a person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed as a classification for statutory declarations, or who holds office in a statutory authority with such a classification You can access more information about how to witness statutory declarations in chapter 4.2 of the Justices of the Peace handbook or Commissioners for Declarations handbook. « Linking Thunderbird folder to Eudora OSE. A list of the prescribed categories of witnesses is set out on the … A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. •    the registrar of probates and the assistant registrar of probates The person signing it makes a solemn declaration that its contents are true and correct, in the presence of a person who is authorised to witness it. All Rights Reserved. A full list of authorised statutory declaration witnesses can be found at www.justice.vic.gov.au. A list of the classes of persons who can witness declarations is provided below. In addition, officers of the armed services with the equivalent rank of major and above, and British diplomatic and consular officers in post abroad, may authenticate a statutory declaration. The Form 888 is a statutory declaration to be completed by friends and/ or family of the couple explaining their views on the relationship and experiences with the couple. Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. There is legislation to govern statutory declarations (‘stat decs’) in all jurisdictions, along with a list of people who can witness a stat dec, including Members of Engineers Australia, other than at the grade of student. PERSONS WHO CAN WITNESS STATUTORY DECLARATIONS. Who Can Witness a Signature? For example, proof of death to be used for land transfer when one of the grantor dies. To facilitate the witnessing of NSW statutory declarations during COVID-19, the categories of people who are authorised to witness documents has been expanded in line with federal legislation. Executing a will in front of witnesses fulfils a protective function. •    a member or a former member of either House of the Parliament of the Commonwealth If you need to make a Commonwealth statutory declaration overseas, you should be able to contact a person listed under Schedule 2 as an authorised witness at the nearest Australian … Required fields are marked *, Copyright © 2021 My technical blog. Your email address will not be published. Archive View Return to standard view. A rubber stamp containing this information may be used. You need to bear in mind at all times that the witnessing of affidavits, statutory declarations and affirmations is a matter which should be taken seriously. Gain valuable industry insights and commentary through the Topdocs techncial articles. Who can witness a statutory declaration in Victoria? Examples of when statutory declarations might be used include: to prove identity ; to prove a change of name ; to prove a person wasn't driving a car at a particular time. •    the secretary of a master of the Supreme Court or of the County Court •    a clerk to an Australian lawyer These are outlined below. •    a councillor of a municipality Ultimately, who can be a witness of a signature can differ depending on the type of document and the relative legislative requirements. Viewing old Eudora files. Under the Evidence Act 1958, there are many people who may witness the signing of a statutory declaration in Victoria: • a justice of the peace or a bail justice • a public notary • an Australian lawyer (within the meaning of the Legal Profession Act 2004) The Form 888s are very important relationship evidence and go to demonstrate both the social aspects of the relationship and that your relationship as a couple is accepted by your friends and family. Accommodation. Under the Evidence Act 1958, there are many people who may witness the signing: a justice of the peace or a bail justice (2) A statutory declaration must be declared in the presence of— (a) an authorised affidavit taker; or . A statutory declaration is a written statement which the person making it ('the declarant') declares before an authorised witness (who is said to 'take' the declaration) to be true to the best of his or her knowledge and belief, and which is signed by the declarant before an authorised witness - see Affidavits below. This article explores the difference between these documents and how they are used within the legal system: 1. •    a member of the police force All Rights Reserved. From 1 March 2019 the law is clear and a person making the statutory declaration will have to make a short declaration confirming the statement is true and correct in front of the witness and also sign the statutory declaration. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). • You are in Victoria, and someone approaches you to witness a statutory declaration under that state’s legislation. How to Make a Statutory Declaration. Lifestyle. You make a statutory declaration when you need to confirm that something is true. •    a principal in the (State) teaching service Note . •    a justice of the peace or a bail justice A declaration does not need to be signed in the presence of a witness. My wife is in a profession that's able to sign statutory declarations and certify docu. Many people can be witnesses. You can sign a declaration by hand or electronically, either by affixing your signature to the document electronically, or by typing your name in the box in the form beside the word ‘Signature’. Can a spouse be a witness in documents? Who can witness your statutory declaration. Who can certify documents or witness statutory declarations • Senior Executive Service employee of the Commonwealth, or of a State or Territory, or of a Commonwealth, State or Territory authority • Sheriff or Sheriff’s officer • Teacher employed on a full-time basis at a … Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. [section 12 (5)(c)] 4. •    the sheriff or deputy sheriff That line floats around various government websites in relation to certification. If the module is taking a while to load or is not loading, please try pressing the CTRL and F5 buttons simultaneously, if this does not fix the issue please contact us via the feedback form below. •    the manager of a bank There is no general rule that says a family member or spouse cannot witness a person’s signature on a legal document, as long as you are not a party to the agreement or will benefit from it in some way. Who can witness a Statutory Declaration, Power of Attorney, or Enduring Power of Attorney valid for use in Victoria? And what must they do? If you are unsure if a statutory declaration can be used for your particular circumstances, check with the relevant ministries, statutory boards or organisations that have requested the statutory declaration. Under the Evidence Act 1958, there are many people who may witness the signing of a statutory declaration in Victoria: •    the secretary of a building society 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. WITNESS THE STATUTORY DECLARATION After the person has given the oral declaration, you must: • sign the declaration; [section 12 (5)(a)] • sign or initial any alteration that has been made; and [section 12 (5)(b)] • clearly write your name and qualification as a witness. By signing it, you agree that . A member of a police force in Australia may witness a Commonwealth statutory declaration overseas. Sign the statutory declaration : A statutory declaration must be witnessed by a solicitor or Justice of the Peace. Oaths and Affirmations Act 2018: I make this statutory declaration in relation to my application to the Department of Justice and Community Safety’s Restorative Engagement and Redress Scheme for former and current members of Victoria Police. a fellow of the Institute of Legal Executives (Victoria). •    a registered medical practitioner within the meaning of the Medical Practice Act 1994 the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or the deputy registrar of the County Court, the principal registrar of the Magistrates' Court or the registrar or the deputy registrar of the Magistrates' Court. Persons authorised to witness Statutory Declarations How to have a document correctly certified Take the original AND a photocopy to an authorised person. an Australian lawyer (within the meaning of the Legal Profession Act2004) a clerk to an Australian lawyer. Normally, the witness should not be a relative for evidential reasons, but these are not normal times and so we are starting to see some acceptance that the witness could be an adult family member provided they are not also a party to the document. Search. If you are making a statutory declaration, you are called the 'declarant'. a justice of the peace or a bail justice; a public notary; an Australian lawyer (within the meaning of the Legal Profession Act 2004) a clerk to an Australian lawyer Who can witness a statutory declaration in Victoria? A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. Community support. Forums. Stakeholders including the judiciary, the Law Society of NSW, the NSW Bar Association, Justice of the Peace associations and other relevant professional bodies were consulted on the changes. A statutory declaration is a written statement signed and declared to be true before an authorised witness. It is not advisable for you to witness or certify a document for a member of your family. •    a pharmacist An authorised witness for Western Australia may also witness a Commonwealth Statutory Declaration, as long as they are in Western Australia at the time of witnessing. •    the associate to a judge of the Supreme Court or of the County Court The Department of Justice website for the full list of persons who can witness statutory declarations. It is an offence to lie in a statutory declaration. 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. Important COVID-19 information Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. • you must not act as the witness for a statutory declaration or affidavit that you yourself are declaring, swearing or affirming, and • you must not certify a copy of your own original document, such as your own birth certificate. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. If you are interstate or overseas. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Should you have any queries or require more information, please contact the team at Topdocs on 1300 659 242. A note on the requirements for making a statutory declaration to exclude a tenancy from the provisions of the Landlord and Tenant Act 1954. menu Whirlpool Go to navigation. A police officer of a foreign police force cannot witness a Commonwealth statutory declaration. The terminology used in the legal industry regarding statements of evidence can be confusing. It is not advisable for you to witness or certify a document for a member of your family. A statutory declaration is a sworn or affirmed statement and is usually used where there are no court proceedings but some fact needs to be proved. Who can witness a statutory declaration in Victoria? How to change URLs linking public documents, to Onedrive, on WordPress. If you are not sure if you need to make a statutory declaration, you should get legal advice. What should be in the statutory declaration? Statutory Declarations. Statutory Declarations. WHY TOPDOCSADVICE AND TRAININGNEWSPRICING, Copyright © 2013 Topdocs. They may witness signatures to documents and take statutory declarations but they are not authorised to administer, ... is authorised to practice as a member of a profession; (b) a person listed in an employment group; or (c) a member of a group of persons declared by the Minister to be an occupational group. •    a member or a former member of either House of the Parliament of Victoria The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … Generally, a statutory declaration has the same force of effect as if made under oath. Who can be a Commissioner for Declarations. The Victorian statutory declaration list of authorised witnesses can be found here. When you sign the statutory declaration, the witness should ask you something like: "Is that your name and handwriting and do you declare the contents of this document to be true?". •    a minister of religion authorised to celebrate marriages (not a civil celebrant) You do not have authority to witness this document. By signing it, you agree that the information in it is true, and you can be charged with perjury if the information is false. Copies of documents can only be certified by a person authorised to witness a statutory declaration. Can raise perceptions of bias and questions about statutory declarations ( or stat decs ) Commonwealth... • you are making a statutory declaration the evidence Act 1958, certain people can witness declarations is provided.! Someone approaches you to witness a statutory declaration to make a statutory declaration in Victoria, and someone approaches to... They provide a great way to keep up to date and informed can differ depending on the ….! 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