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. 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. Information for authorised statutory declaration witnesses, Find out about the Royal Commission into Management of Police Informants, Apply for a community crime prevention grant, Apply for birth, death and marriage certificates, Do my Responsible Service of Alcohol (RSA) certificate, Do my Responsible Service of Gaming (RSG) training, Visit the Victorian Aboriginal Justice Agreement website, Get advice on topics affecting people with a disability, Find information about ending a residential lease or tenancy, Making and handling protected disclosures. In New Zealand, the following people can sign your statutory declaration: Justice of the Peace (JP) - Find a JP Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … 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. Related links. The person assisting should then send the document to the person making the statutory declaration to finalise the statutory declaration. 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…’. By signing it, you agree that the information in it is true. 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. A Justice of the Peace is not permitted to charge for witnessing statutory declarations. You may be given a declaration form to fill in or you can write it yourself. 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. the person must be an 'authorised witness'). Department of Justice. 3. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. Download a statutory declaration. Schedule 2 - Authorised witnesses for statutory declarations. This legislation also provides a clear statutory process for certifying that a document is a true copy of an original document. 1 Smith Street Melbourne Victoria 3000 A person who is registered under the Health Practitioner Regulation National Law (Western You and the person making the statutory declaration, must be together and in front of one another when you: The person making the statutory declaration must say, in front of you: 'I, [full name of person making declaration] of [address], declare that the contents of this statutory declaration are true and correct.'. The following steps must be followed for each document referenced in the statutory declaration: There is no limit on the number of documents that can be attached to a statutory declaration. For example: [Signature of witness] John Citizen, health practitioner . In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. attach a certificate to the document that identifies it as an exhibit to the statutory declaration, ensure the person making the statutory declaration signs the certificate. For example, this could be Zoom or Skype. The law does not prohibit other witnesses charging a fee or asking for small donation to a charity instead of a fee. 2. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. 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)). Instead of meeting in person, you can arrange to witness a statutory declaration by audio-visual link. The normal rules for witnessing a statutory declaration in person still apply, but now you can also do it using an audio-visual link with a person seeking to make one. Licensing, registration and regulation of businesses and industries in Victoria. 2. If you wish to witness a statutory declaration remotely, please see the information below. COVID-19 (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. If this is required, the person assisting must also be present by audio-visual link when the statutory declaration is signed. Can she certify documents for me? Any exceptions to this are noted accordingly in the above list of authorised statutory declarations witnesses, for example, teachers are only authorised if employed on a permanent basis. A NSW statutory declaration is made under the Oaths Act 1900. For example, proof of death to be used for land transfer when one of the grantor dies. Assistance was provided by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 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. 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. Privacy law regulates how personal information is obtained, used and disposed of. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. For impartiality, it is … My wife is in a profession that's able to sign statutory declarations and certify documents. 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. 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). “These changes are in line with the Commonwealth Statutory Declarations Act, meaning there is consistency with measures that are in place federally.” 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 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. 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). They also have a statutory declaration form that you can download. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. You can be charged with a criminal offence if the information is false. Can a spouse be a witness in a document? I vaguely remember someone telling me a spouse is disqualified from doing so. Who can witness your statutory declaration. 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. Statutory declarations are used for many purposes, including: to verify insurance claims 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. These types of declarations are made subject to the provisions of certain legislation. Any exceptions to this are noted accordingly in the above list of authorised statutory declarations witnesses, for example, teachers are only authorised if employed on a permanent basis. It includes an acknowledgement that the declarant knows that it is an offence to make a statement they know to be untrue. Download a Word or PDF copy of a Commonwealth statutory declaration. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. From 1 January 2020, all statutory declarations must follow the process below. 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. 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. For example, they may need someone to translate the document for them. 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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. your qualification as a statutory declaration witness. 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. 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