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. 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. Is that correct? This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. Question: 1. If a witness falls into more than one category (e.g. Who can witness your statutory declaration. Authorised Witnesses for Statutory Declarations PDF (76.94KB) Page reviewed 27 March 2020. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. a person assisting someone to prepare a Victim Impact Statement. Related links. 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 person who is authorised to administer an oath or affirmation in that place. I vaguely remember someone telling me a spouse is disqualified from doing so. They have the same effect in law as a sworn statement or affidavit. A person currently licensed or registered to practice in Australia as one of the following occupations: An accountant who meets at least one of the following criteria: Fellow of the National Tax Accountants’ Association, Member of Chartered Accountants Australia and New Zealand, Member of the Association of Taxation and Management Accountants, Member of the Institute of Public Accountants, Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public, Australian Public Service employee engaged on an ongoing basis with 5 or more years of continuous service who is not otherwise authorised, Australian Consular Officer or Australian Diplomatic Officer, Bank officer with 5 or more continuous years of service, Building society officer with 5 or more years of continuous service, Chief executive officer of a Commonwealth court, Credit union officer with 5 or more years of continuous service, Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not otherwise authorised, Employee of the Australian Trade and Investment Commission who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the, Employee of the Commonwealth who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the. 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. Download a statutory declaration. 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. For example: [Signature of witness] John Citizen, health practitioner . A solicitor. The document can be sent by fax, email or some other method of electronically transmission. A person who is registered under the Health Practitioner Regulation National Law (Western 2. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). A Justice of the Peace is not permitted to charge for witnessing statutory declarations. In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. 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. 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. 16 October 2019. Please note that if a statutory declaration requires copies of documents to be attached, copies of these documents cannot currently be certified remotely. A Notary Public – a lawyer who specialises in the authentication of legal documents internationally. They also have a statutory declaration form that you can download. If this is required, the person assisting must also be present by audio-visual link when the statutory declaration is signed. Who can witness your statutory declaration. 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. 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. You must also write on the front of the document that you have read the document to them. a printer to print out a copy of the statutory document. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 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. the person must be an 'authorised witness'). This may be done via audio-visual link. For example, this could be Zoom or Skype. A NSW statutory declaration is made under the Oaths Act 1900. Witnessing statutory declarations is usually regarded as a public service. It is witnessed by a person who is authorised by legislation to witness statutory declarations. The organisation receiving the statutory declaration can then be confident about the information being provided. From 1 January 2020, all statutory declarations must follow the process below. Department of Justice. an agreed way to meet online. 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. Declarations made in New Zealand. List of people who can witness a Commonwealth statutory declaration. You still need to use the statutory declaration form available on this page. By signing it, you agree that the information in it is true, and you can be charged with perjury if the information is false. a scanner if you want to sign a hard copy of the statutory declaration document. Can she certify documents for me? With the current Coronavirus lockdown, social distancing and remote working, organisations are having rapidly to rethink how documents can be signed and - where relevant - witnessed. Equal opportunity and human rights (External link), Equal opportunity, sexual harassment, racial and religious vilification, and related dispute resolution, Aboriginal Justice Agreement (External link), The Aboriginal Justice Agreement is a partnership between the Victorian Aboriginal community and the Victorian Government. 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. Provided by. an agreed way to send one another documents. 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). 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 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.'. 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. 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). Documents. Oaths, Affidavits and Statutory Declarations Act 2005. You may make reasonable changes to the usual process to help them make the statutory declaration. 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You can ask them to repeat the words after you, or they can read them aloud. These include a Justice of the Peace (JP), a solicitor or notary public, or a registrar or Deputy Registrar of the District Court or the High Court, or certain Police Officers. 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. 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 information on our services during coronavirus (COVID-19), please visit our Service locations page. In New Zealand, the following people can sign your statutory declaration: Justice of the Peace (JP) - Find a JP Under Section 30 of the Oaths and Affirmations Act 2018 (as of 1 March 2019), previously Evidence (Miscellaneous Provisions) Act 1958, the list of persons who may witness statutory declarations includes: A person currently licensed or registered to practice in Australia as one of the following occupations: Architect. This could be fax, email or some other way of electronically sending documents. From 1 January 2020, a statutory declaration must be made in accordance with the requirements under the Oaths and Affirmations Act 2018 (External link). 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. You may be given a declaration form to fill in or you can write it yourself. If you wish to witness a statutory declaration remotely, please see the information below. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness — usually a JP, lawyer or notary public. 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. The Department of Justice and Community Safety is responsible for managing mandatory quarantine and emergency accommodation programs as part of Victoria’s public health response to the coronavirus (COVID-19) pandemic. On occasions, you may need to provide us with a statutory declaration. By signing it, you agree that the information in it is true. Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … For example, they may need someone to translate the document for them. 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. Both statutory declarations and affidavits can be made by any person on his or her own will. witness) a statutory declaration. 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. an Australian lawyer who is granted a practising certificate under: 4.1. 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. A witness to a statutory declaration should do the following: check the identity of the person making the statutory declaration by asking if he or she is the person whose name appears on the declaration; check, to the extent possible, that the person is competent to make the statutory declaration… 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. Your approved witness can be a: family member; friend The person assisting should then send the document to the person making the statutory declaration to finalise the statutory declaration. These types of declarations are made subject to the provisions of certain legislation. Although this gives the form of words to be used, it makes no other prescription as to the formal requirements to be followed. 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. 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. COVID-19 (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. On occasions, you may need to provide us with a statutory declaration. These types of declarations are made subject to the provisions of certain legislation. Licensing, registration and regulation of businesses and industries in Victoria. Oaths, Affidavits and Statutory Declarations Act 2005 Authorised witnesses for statutory declarations Schedule 2 As at 01 Dec 2018 Version 02-e0-02 page 19 Published on www.legislation.wa.gov.au Item Formal description Informal description 15. The permitted categories of witnesses for Commonwealth statutory declarations in Australia are set out in regulation 4 and schedule 2 of the Statutory Declarations Regulations 1993 (Cth). a person who is unable to speak may be able to read or listen to the statutory declaration being read and nod assent. This will depend on each case, and may ultimately depend on a court ruling. 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 statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. an explanation of what kind of assistance they provided. You can be charged with a criminal offence if the information is false. 1 Smith Street Melbourne Victoria 3000 If yes, then Can the same person be the witness and attesting person? The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. A person making a statutory declaration may need help with reading, writing, translation or other kinds of assistance. Public Service Employee Grade 4. The person seeking to make a statutory declaration will need to have copies of any documents required certified in person. It’s a crime to make a false declaration. You can also physically sign a hardcopy version of the document and then scan it. By signing it, you agree that the information in it is true. 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]. 3. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. This legislation also provides a clear statutory process for certifying that a document is a true copy of an original document. Download a Word or PDF copy of a Commonwealth statutory declaration. Custodians of the land and acknowledges and pays respect to their Elders, past and present. The signature can be made electronically, for example by signing a PDF version on a tablet, smartphone or laptop using a stylus or finger. Only certain people in New Zealand can witness a statutory declaration. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Privacy law regulates how personal information is obtained, used and disposed of. “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. Receive updates about Victoria's taxation legislation, duties, levies and grants. 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. Having a statutory declaration witnessed adds formality and accountability to the process. Similarly, a statutory declaration is also a written statement that a person promises is true and must be witnessed by an authorised person. It’s your responsibility to make sure your declaration is correct and meets all the necessary legal requirements. say the declaration: 'I, [your full name] of [your address], declare that the contents of this statutory declaration are true and correct'. For example, proof of death to be used for land transfer when one of the grantor dies. your qualification as a statutory declaration witness. 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. sign or initial each page of the statutory declaration. A person who makes a statement in a statutory declaration that the person knows to be untrue commits an offence that is punishable by a fine of up to 600 penalty units or up to imprisonment for 5 years or both. An engineer who meets at least one of the following criteria: A member of Engineers Australia, other than a student, A Registered Professional Engineer of Professionals Australia, Registered as an engineer under a law of the Commonwealth or a State or Territory, Registered on the National Engineering Register by Engineers Australia, Finance company officer with 5 or more years of continuous service, Holder of a Commonwealth statutory office not otherwise specified, For example, Director of the Australian Institute of Family Studies. A statutory declaration may still be valid if a person makes a small, insignificant mistake that does not strictly comply with a requirement. In some cases, a person may need assistance to make a statutory declaration. Statutory declarations are used for many purposes, including: to verify insurance claims the help they provided to the person making the declaration. This was al… If you need to certify a copy of a document, please see the Certification of copied documents page. As an authorised statutory declaration witness, you can provide this help to the person making the statutory declaration. Instead of meeting in person, you can arrange to witness a statutory declaration by audio-visual link. Published. Assistance was provided by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 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. 2. 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. For impartiality, it is … The person making the statutory declaration must say certain words to confirm the truth of the statement in the presence of you, the authorised statutory declaration witness. Review of the Statutory Declarations Regulations 1993. © State of Victoria (State the penalties for false statutory declarations. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. 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. You can be charged with a criminal offence if the information is false. 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…’. personal or professional address (professional address is preferred), and. Such as a statutory declaration? 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