Who can witness a statutory declaration in south australia

Who can witness a statutory declaration South Australia? Due to COVID-restrictions in place, the South Australian Government has expanded the criteria for people to witness statutory declarations. This includes government employees , accountants , religious ministers , medical professionals and bank officers who meet the criteria. It does not make any alteration to the persons or class of persons who may take Affidavits or witness the execution of Enduring Powers of Attorney. The regulations do not amend in any way the manner in which statutory declarations are to be taken.

The list of people who can witness statutory declarations in South Australia has been expande ensuring community members can still access the service while public health restrictions are put in place to combat the spread of the coronavirus (COVID-19). Attorney-General said the Government had reviewed the requirements for witnessing documents in light of public health measures put in place to counter the transmission of the disease. Such a list would typically include Justices of the Peace (“JP”), lawyers, health professionals, teachers, accountants, employees of Australia Post. Statutory Declaration. Final thoughts As noted previously, the authority of a person to witness a statutory declaration or affidavit (or to certify documents) is different in each jurisdiction.

All Australian statutory declarations must be signed in front of a witness. No oath or affirmation is required. Again, there may be additional requirements such as appropriate identification requirements in New South Wales in certain circumstances.

There are types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. We only give information about Commonwealth statutory declarations. The LGA has released guidance to assist councils and their members and employees who have not become qualified to witness South Australian statutory declarations. Attorney-General, Vickie Chapman said the Government had reviewed the requirements for witnessing documents in light of public health measures put in place to counter the transmission of the disease. There are a number of people who may be able to witness your statutory declaration.

Justices of the Peace Justices of the Peace can witness legal documents including statutory declarations and affidavits, as well as certifying true copies of a document. Their services are provided without charge. Notaries public also witness legal documents but primarily documents that are for use in foreign courts or by foreign authorities. An affidavit is a written statement that a person confirms to be true by swearing an oath or making an affirmation before a person who is authorised by law to witness the affidavit.

Similarly, a statutory declaration is also a written statement that a person promises is true and must be witnessed by an authorised person. Item Formal description Informal description 1. Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. Copies of documents can only be certified by a person authorised to witness a statutory declaration.

For example, a doctor who is registered to practise medicine in Australia can witness your declaration , but a doctor who is not registered in Australia cannot. For more information see the Premier’s Media Release. The table below provides an overview of whether or not a lawyer or legal practitioner may witness a statutory declaration or affidavit in a particular jurisdiction. The question of who can “ witness an affidavit” in South Australia comes up quite often, not only in the context of litigation, but also in relation to such things as witnessing an Enduring Power of Attorney. Any person who wilfully takes any affidavit, affirmation, or declaration , not being lawfully authorised to do so, shall be guilty of an offence, and liable to imprisonment not exceeding one year, or a fine not exceeding two hundred dollars.

Supreme Court to take judicial notice of signatures 31. Under the changes, people who can witness statutory declarations include government employees, accountants, religious ministers, medical professionals and bank officers who meet the criteria will also be able to witness statutory declarations. A justice of the peace (JP) acts as an independent and objective witness to documents people use for official or legal purposes. JPs use the resources on this page to help them carry out tasks related to their work.

JPs in South Australia can manage their appointments and personal information through the Justice of the Peace Services portal. Due to the COVID-response statutory declarations can now be witnessed by a larger group of people. The list of approved witnesses can be found here Complete the relevant statutory declaration for the offence listed on your notice and submit before the notice is due.

Any person over years of age can witness a statutory declaration made in the Northern Territory.