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. an Australian lawyer (within the meaning of the Legal Profession Act2004) a clerk to an Australian lawyer. 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. •    a justice of the peace or a bail justice These are used for many purposes, for example: 1. to verify insurance claims 2. proof of age 3. applications for sick leave or various types of benefits, and 4. for many other day to day business or personal matters. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au The following other people can also witness Commonwealth statutory declarations: Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public Australian Consular Officer or Australian Diplomatic Officer (within the meaning of … A list of the classes of persons who can witness declarations is provided below. 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. •    a councillor of a municipality Persons authorised to witness Statutory Declarations How to have a document correctly certified Take the original AND a photocopy to an authorised person. Who can witness or attest the signing of a will for it to be valid in law? •    the associate to a judge of the Supreme Court or of the County Court Note . 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’. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. •    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 Please note our technical articles are for information purposes only and do not constitute legal advice. The Department also receives and responds to a significantly large number of statutory declaration enquiries from members of the public, many of which have raised concerns about the difficulty in locating an authorised witness while overseas. List of Twitter handles of major journalists and media outlets + scientists/ economists etc. A list of the prescribed categories of witnesses is set out on the … For example, proof of death to be used for land transfer when one of the grantor dies. • 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. 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. 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. 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. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). Archive View Return to standard view. •    a fellow of the Institute of Legal Executives (Victoria). The most common authorised persons are police officers, school principals and pharmacists. Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. •    the manager of a bank Statutory Declarations. 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. You make a statutory declaration when you need to confirm that something is true. •    an Australian lawyer (within the meaning of the Legal Profession Act 2004) This article explores the difference between these documents and how they are used within the legal system: 1. 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, By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can … Address) in the State of South Australia, do solemnly and sincerely declare that:. It is not advisable for you to witness or certify a document for a member of your family. My wife is in a profession that's able to sign statutory declarations and certify docu. A statutory declaration is a written statement signed and declared to be true before an authorised witness. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. 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. 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) • 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. Who can be a Commissioner for Declarations. 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. authority to witness it). Free Practical Law trial To access this resource, sign up for a free trial of Practical Law. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. Generally, a statutory declaration has the same force of effect as if made under oath. How to Make a Statutory Declaration. Alternatively, you can consider seeking legal advice from a qualified lawyer. The Commonwealth statutory declaration contains the list of authorised witnesses on it. This guide deals only with the use of . The list of people who may witness a statutory declaration differs for the purposes of Victorian and Commonwealth statutory declarations, though there is a lot of crossover. |  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). Under the Statutory Declarations Act 1835, a declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor or legal executive), or before any justice of the peace. If you are making a statutory declaration, you are called the 'declarant'. menu Whirlpool Go to navigation. Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … Can a spouse be a witness in documents? Affidavit An affidavit […] •    a minister of religion authorised to celebrate marriages (not a civil celebrant) You cannot witness or certify a document for yourself. These are outlined below. 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. 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. Who Can Witness a Signature? 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. •    a clerk to an Australian lawyer By signing it, you agree that . 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. If you are not sure if you need to make a statutory declaration, you should get legal advice. •    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 Executing a will in front of witnesses fulfils a protective function. 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 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. [section 12 (5)(c)] 4. Many people can be witnesses. Viewing old Eudora files. 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 … Who can witness a statutory declaration in Victoria? The Victorian statutory declaration list of authorised witnesses can be found here. It is not advisable for you to witness or certify a document for a member of your family. 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. A police officer of a foreign police force cannot witness a Commonwealth statutory declaration. a fellow of the Institute of Legal Executives (Victoria). However, it is generally best to avoid it as it can raise perceptions of bias and questions about your credibility as a witness. Who can witness your statutory declaration. There was a thread on this a while back, there is a difference between stat decs and cerified copies. 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. 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. •    a member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants •    the secretary of a building society last updated – posted 2017-Mar-2, 9:20 pm AEST posted 2017-Mar-2, 9:20 pm AEST User #28286 12038 posts. Statutory declarations are made in writing. 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. •    a member or a former member of either House of the Parliament of the Commonwealth 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. Who can witness a statutory declaration in Victoria? •    a member or a former member of either House of the Parliament of Victoria Statutory declaration template Use this form to complete a statutory declaration. Who can witness a Statutory Declaration, Power of Attorney, or Enduring Power of Attorney valid for use in Victoria? in section 3. a justice of the peace or a bail justice. Whirlpool. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. Sign the statutory declaration : A statutory declaration must be witnessed by a solicitor or Justice of the Peace. Your approved witness can be a: family member; friend 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 … 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) • a clerk to an Australian lawyer • the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or … See section 19(1) for a list of authorised affidavit takers. Forums. Statutory declarations are not the same as affidavits, as they are not confirmed by oath or affirmation. Under the Evidence Act 1958, there are many people who may witness the signing of a statutory declaration in Victoria: •    a veterinary practitioner The Department of Justice website for the full list of persons who can witness statutory declarations. 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. 4.3.5 Can I witness or certify documents for myself, or my family members? The normal rules for making a statutory declaration in person still apply, but now you can also do it using an audio-visual link with an authorised witness. •    a public notary 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. repeal the Statutory Declarations Regulations 1993 under Schedule 3. That line floats around various government websites in relation to certification. Should you have any queries or require more information, please contact the team at Topdocs on 1300 659 242. 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. Gain valuable industry insights and commentary through the Topdocs techncial articles. These types of declarations are made subject to the provisions of certain legislation. Copies of documents can only be certified by a person authorised to 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. 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?". The Oaths and Affirmations Act 2018 provides that statutory declarations may only be witnessed by certain categories of persons. •    a senior officer of a council as defined in the Local Government Act 1989 Ultimately, who can be a witness of a signature can differ depending on the type of document and the relative legislative requirements. They provide a great way to keep up to date and informed. Whirlpool Forums Addict … Please note this article is for information purposes only and does not constitute legal advice. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. Yes. Under the Evidence Act 1958, there are many people who may witness the signing: a justice of the peace or a bail justice •    a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth Who can witness Statutory Declarations and Affidavits . 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. A note on the requirements for making a statutory declaration to exclude a tenancy from the provisions of the Landlord and Tenant Act 1954. 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. All Rights Reserved. PERSONS WHO CAN WITNESS STATUTORY DECLARATIONS. They are merely confirming that the person making the statutory … a public notary. Who can witness a statutory declaration in Victoria? For example, a Justice of the Peace, a police officer and a pharmacist may witness both Victorian and Commonwealth statutory declarations, but a physiotherapist can only witness a Commonwealth statutory declaration. The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … •    the secretary of a master of the Supreme Court or of the County Court 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. Copies of documents can only be certified by a person authorised to witness a statutory declaration. How to write a statutory declaration The person making a statutory declaration is … •    the registrar of probates and the assistant registrar of probates If you intentionally make a false statement in a statutory declaration, you can be charged with a criminal offence. These are outlined below. And what must they do? Redirect through .htaccess. 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 person may also be a commissioner for declarations if that person is (a) is authorised to practice as a member of a profession; (b) a person listed in an employment group; or If you are interstate or overseas. Community support. Some witnesses required a person making a statutory declaration to make a declaration aloud but others only required the statutory declaration to be signed. For more information, see frequently asked questions about statutory declarations . A rubber stamp containing this information may be used. What is 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. How to change URLs linking public documents, to Onedrive, on WordPress. Schedule 2 of the Oaths Affidavits and Statutory Declarations Act 2005 provides a list of persons authorised to witness a statutory declaration… Statutory declarations are used for many purposes, including: •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. 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 … 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. Authorised witnesses of stat decs also include dentists, pharmacists, veterinary surgeons and medical practitioners, among other highly regarded professions, who are currently licensed or … The following notes came from the Department of Justice, and we have reproduced them in an essentially unedited form. •    a registered dentist within the meaning of the Dental Practice Act 1999 ». WHY TOPDOCSADVICE AND TRAININGNEWSPRICING, Copyright © 2013 Topdocs. Lifestyle. We only give information about Commonwealth statutory declarations. The Statutory Declarations Regulations 1993state that a person who is authorised to witness statutory declarations of a particular State or Territory can witness a Commonwealth statutory declaration where it is made in that State or Use of this site is subject to our Terms of Use and our Privacy Policy. You do not have authority to witness this document. 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. Accommodation. Statutory declarations. 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.. (2) A statutory declaration must be declared in the presence of— (a) an authorised affidavit taker; or . 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. Refer also to the definition of authorised affidavit taker . 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 . It is an offence to lie in a statutory declaration. 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:. What should be in the statutory declaration? • You are in Victoria, and someone approaches you to witness a statutory declaration under that state’s legislation. Persons authorised to witness Statutory Declarations. Search. 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. The terminology used in the legal industry regarding statements of evidence can be confusing. A person currently licensed or registered to practice in Australia as one of the following occupations: Architect; Chiropractor 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. 2. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. •    a pharmacist « Linking Thunderbird folder to Eudora OSE. •    the sheriff or deputy sheriff ], make the following statutory declaration under the . •    a registered medical practitioner within the meaning of the Medical Practice Act 1994 Sanjeev Sabhlok's notes on technology, hardware, gardening. A full list of authorised statutory declaration witnesses can be found at www.justice.vic.gov.au. All Rights Reserved. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. 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. •    a principal in the (State) teaching service There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. If you have been asked to witness a statutory declaration or affidavit, you need to follow the eleven steps listed below. •    a member of the police force 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. Generally speaking, a witness must be: At least 18 years old ; … Statutory Declarations. Statutory declarations . By signing it, you agree that the information in it is true, and you can be charged with perjury if the information is false.

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