If yes, then Can the same person be the witness and attesting person? As an authorised statutory declaration witness, you can provide this help to the person making the statutory declaration. 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. 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 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 explanation of what kind of assistance they provided. The Department of Justice and Community Safety provides a clear explanation of how to make a statutory declaration, including who can witness your signature. 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. These types of declarations are made subject to the provisions of certain legislation. If this is required, the person assisting must also be present by audio-visual link when the statutory declaration is signed. 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. COVID-19 (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. 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. 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 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)). 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. On occasions, you may need to provide us with a statutory declaration. When a person makes a declaration, they are testifying that the contents of the statutory declaration are either: The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … The law does not prohibit other witnesses charging a fee or asking for small donation to a charity instead of a fee. A Justice of the Peace is not permitted to charge for witnessing statutory declarations. In some cases, a person may need assistance to make a statutory declaration. This was al… 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. A Notary Public – a lawyer who specialises in the authentication of legal documents internationally. A statutory declaration must be made in writing using the form that can be accessed from the Statutory declarations page. 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. It is witnessed by a person who is authorised by legislation to witness statutory declarations. 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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. 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. The State Revenue Office acknowledges Aboriginal and Torres Strait Islander people as the Traditional If you need to make a statutory declaration, please see the Statutory declarations page. This could be fax, email or some other way of electronically sending documents. a person assisting someone to prepare a Victim Impact Statement. The document can be sent by fax, email or some other method of electronically transmission. In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. Provided by. You can ask them to repeat the words after you, or they can read them aloud. Download a statutory declaration. 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. personal or professional address (professional address is preferred), and. By signing it, you agree that the information in it is true. This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. List of people who can witness a Commonwealth statutory declaration. 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 addition, there have been reports of solicitors swearing statutory declarations remotely by Skype and this note addresses whether this is safe practice. The person assisting should then send the document to the person making the statutory declaration to finalise the statutory declaration. 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. This will depend on each case, and may ultimately depend on a court ruling. your qualification as a statutory declaration witness. 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. It includes an acknowledgement that the declarant knows that it is an offence to make a statement they know to be untrue. 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. Review of the Statutory Declarations Regulations 1993. an agreed way to meet online. Part 3.3 of the Legal Profession Uniform Law(NSW) as applie… The signature can be made electronically, for example by signing a PDF version on a tablet, smartphone or laptop using a stylus or finger. Public Service Employee Grade 4. By signing it, you agree that the information in it is true. 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 document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 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. 1 Smith Street Melbourne Victoria 3000 Is that correct? Please note that if a statutory declaration requires copies of documents to be attached, copies of these documents cannot currently be certified remotely. In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. 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). For example, proof of death to be used for land transfer when one of the grantor dies. A statutory declaration is similar to an affidavit except that a statutory declaration is usually 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. It’s a crime to make a false declaration. the penalties for false statutory declarations. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. Question: 1. Documents. 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. 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. Only certain people in New Zealand can witness a statutory declaration. 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. You must also write on the front of the document that you have read the document to them. Instead of meeting in person, you can arrange to witness a statutory declaration by audio-visual link. a person who is unable to speak may be able to read or listen to the statutory declaration being read and nod assent. It’s your responsibility to make sure your declaration is correct and meets all the necessary legal requirements. sign the certificate yourself and include your qualification as a statutory declaration witness under your signature. an Australian lawyer who is granted a practising certificate under: 4.1. Please use an updated form, like the form on the Statutory declarations page. Although this gives the form of words to be used, it makes no other prescription as to the formal requirements to be followed. You can also physically sign a hardcopy version of the document and then scan it. © State of Victoria (State The statutory declaration is now complete. Copies of documents can only be certified by a person authorised to witness a statutory declaration. 3. You can be charged with a criminal offence if the information is false. Can she certify documents for me? If a witness falls into more than one category (e.g. I vaguely remember someone telling me a spouse is disqualified from doing so. They also have a statutory declaration form that you can download. From 1 January 2020, all statutory declarations must follow the process below. This may be done via audio-visual link. This legislation also provides a clear statutory process for certifying that a document is a true copy of an original document. 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. Declarations made in New Zealand. Your approved witness can be a: family member; friend 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. Authorised Witnesses for Statutory Declarations PDF (76.94KB) Page reviewed 27 March 2020. Both statutory declarations and affidavits can be made by any person on his or her own will. Having a statutory declaration witnessed adds formality and accountability to the process. 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… A statutory declaration may still be valid if a person makes a small, insignificant mistake that does not strictly comply with a requirement. 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. My wife is in a profession that's able to sign statutory declarations and certify documents. When signing the statutory declaration authorised witnesses should indicate on the form which category of authorised witness they fall into. For impartiality, it is … This page contains information for authorised statutory declaration witnesses. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. 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. Such as a statutory declaration? A person who is registered under the Health Practitioner Regulation National Law (Western Births, deaths and marriages (External link), Certificates and registries for births, deaths and relationships, and family history resources, Checks for people in paid or voluntary child-related work. These types of declarations are made subject to the provisions of certain legislation. 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. 16 October 2019. 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. They have the same effect in law as a sworn statement or affidavit. In New Zealand, the following people can sign your statutory declaration: Justice of the Peace (JP) - Find a JP 2. “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. You may be given a declaration form to fill in or you can write it yourself. On occasions, you may need to provide us with a statutory declaration. From 1 January 2020, a statutory declaration must be made in accordance with the requirements under the Oaths and Affirmations Act 2018 (External link). A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … Related links. 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 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. A statutory declaration is a written document that must be completed in front of an authorised witness. witness) a statutory declaration. 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. 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. Similarly, a statutory declaration is also a written statement that a person promises is true and must be witnessed by an authorised person. a person who has a hearing impairment may read and sign the oral declaration instead of saying it aloud. For example, they may need someone to translate the document for them. Can a spouse be a witness in a document? For example: [Signature of witness] John Citizen, health practitioner . 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]. 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 NSW statutory declaration is made under the Oaths Act 1900. This page explains who can act as a witness for a statutory declaration which is made under the Statutory Declarations Act 1959 (Cth).. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). 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). 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). say the declaration: 'I, [your full name] of [your address], declare that the contents of this statutory declaration are true and correct'. 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. 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. 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. Department of Justice. Licensing, registration and regulation of businesses and industries in Victoria. A statutory declaration must be taken by a person holding a position specified by the relevant Act as one which entitles the holder to take a statutory declaration ( i.e. Download a Word or PDF copy of a Commonwealth statutory declaration. A statutory declaration is a legally recognised written statement that the person making the statutory declaration (the declarant) promises is truthful. 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. For example, this could be Zoom or Skype. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. The person seeking to make a statutory declaration will need to have copies of any documents required certified in person. 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. Revenue Office), © State of Victoria (State Revenue Office), Javascript must be enabled for the correct page display, Take a moment to tell us why. 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