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. 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. « Linking Thunderbird folder to Eudora OSE. Persons authorised to witness Statutory Declarations. 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 … Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). What is a statutory declaration? There was a thread on this a while back, there is a difference between stat decs and cerified copies. Note . 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. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. 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 secretary of a building society 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?". A full list of authorised statutory declaration witnesses can be found at www.justice.vic.gov.au. They provide a great way to keep up to date and informed. A rubber stamp containing this information may be used. The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … 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.. For more information, see frequently asked questions about statutory declarations . Affidavit An affidavit […] Copies of documents can only be certified by a person authorised to witness a statutory declaration. • You are in Victoria, and someone approaches you to witness a statutory declaration under that state’s legislation. [section 12 (5)(c)] 4. Community support. (2) A statutory declaration must be declared in the presence of— (a) an authorised affidavit taker; or . These are outlined below. 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, All Rights Reserved. You cannot witness or certify a document for yourself. Statutory declarations are made in writing. 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. Archive View Return to standard view. •    a pharmacist By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can … 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 •    a councillor of a municipality What should be in the statutory declaration? Under the Evidence Act 1958, there are many people who may witness the signing: a justice of the peace or a bail justice Free Practical Law trial To access this resource, sign up for a free trial of Practical Law. 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 … Lifestyle. menu Whirlpool Go to navigation. Please note this article is for information purposes only and does not constitute legal advice. •    a senior officer of a council as defined in the Local Government Act 1989 a justice of the peace or a bail justice. •    a registered dentist within the meaning of the Dental Practice Act 1999 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. 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. •    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 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 member or a former member of either House of the Parliament of Victoria If you are not sure if you need to make a statutory declaration, you should get legal advice. 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 … •    a fellow of the Institute of Legal Executives (Victoria). For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au •    an Australian lawyer (within the meaning of the Legal Profession Act 2004) A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. If you intentionally make a false statement in a statutory declaration, you can be charged with a criminal offence. 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. 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. • 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. •    a member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants The Minister may appoint persons to be commissioners for declarations. Statutory Declarations. Copies of documents can only be certified by a person authorised to witness a statutory declaration. Who Can Witness a Signature? •    a member of the police force Redirect through .htaccess. 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) The Commonwealth statutory declaration contains the list of authorised witnesses on it. •    the sheriff or deputy sheriff Viewing old Eudora files. Please note our technical articles are for information purposes only and do not constitute legal advice. 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 justice of the peace or a bail justice 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. Statutory declarations are not the same as affidavits, as they are not confirmed by oath or affirmation. Statutory declarations are used for many purposes, including: A declaration does not need to be signed in the presence of a witness. 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. •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. 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. Yes. How to change URLs linking public documents, to Onedrive, on WordPress. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Sanjeev Sabhlok's notes on technology, hardware, gardening. Find out how to make a statutory declaration in Victoria, and see a list of authorised witnesses. Forums. Some witnesses required a person making a statutory declaration to make a declaration aloud but others only required the statutory declaration to be signed. Who can witness your statutory declaration. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. The most common authorised persons are police officers, school principals and pharmacists. These are outlined below. Generally speaking, a witness must be: At least 18 years old ; … Address) in the State of South Australia, do solemnly and sincerely declare that:. • 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. Schedule 2 of the Oaths Affidavits and Statutory Declarations Act 2005 provides a list of persons authorised to witness a statutory declaration… Electric cars are twice as expensive to own and maintain than ordinary cars, Protected: Leakage in downstairs bedroom – identifying and fixing the cause, Whatsapp for web constantly gives a yellow screen, Strong internet connection but “whatsapp web” keeps going off, Car battery charging – key principles – and the CTEK 12v 5A charger that I’ve now bought, Dewalt DCD734 cordless drill TYPE 1 14.4 volts, Triton XTRJSB Reciprocating Saw – how to use, Matrix 5 in 1 – replacing the lawn trimmer line cord, How much gas left in my 2 kilo gas bottle. 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:. List of Twitter handles of major journalists and media outlets + scientists/ economists etc. A note on the requirements for making a statutory declaration to exclude a tenancy from the provisions of the Landlord and Tenant Act 1954. 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. My wife is in a profession that's able to sign statutory declarations and certify docu. Gain valuable industry insights and commentary through the Topdocs techncial articles. Who can witness a statutory declaration in Victoria? 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’. 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. 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. Ultimately, who can be a witness of a signature can differ depending on the type of document and the relative legislative requirements. Who can witness a statutory declaration in Victoria? 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. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. The terminology used in the legal industry regarding statements of evidence can be confusing. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. 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. authority to witness it). 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. 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. 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. Who can be a Commissioner for Declarations. Under the Evidence Act 1958, there are many people who may witness the signing of a statutory declaration in Victoria: There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. That line floats around various government websites in relation to certification. See section 19(1) for a list of authorised affidavit takers. •    a principal in the (State) teaching service 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 … Who can witness or attest the signing of a will for it to be valid in law? 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. 4.3.5 Can I witness or certify documents for myself, or my family members? Statutory declaration template Use this form to complete a statutory declaration. Persons authorised to witness Statutory Declarations How to have a document correctly certified Take the original AND a photocopy to an authorised person. •    the associate to a judge of the Supreme Court or of the County Court This guide deals only with the use of . a public notary. 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. To facilitate the witnessing of NSW statutory declarations during COVID-19, the categories of people who are authorised to witness documents has been expanded in line with federal legislation. A list of the classes of persons who can witness declarations is provided below. Modern Business by Slocum Studio. Statutory Declarations. Who can witness a statutory declaration in Victoria? repeal the Statutory Declarations Regulations 1993 under Schedule 3. Required fields are marked *, Copyright © 2021 My technical blog. Sign the statutory declaration : A statutory declaration must be witnessed by a solicitor or Justice of the Peace. STATUTORY DECLARATION I (Full name) of (address) do solemnly and sincerely declare that: (Occupation) I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Whirlpool Forums Addict … And what must they do? 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 . 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. These are outlined below. Who can witness Statutory Declarations and Affidavits . Refer also to the definition of authorised affidavit taker . Generally, a statutory declaration has the same force of effect as if made under oath. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. ». The Victorian statutory declaration list of authorised witnesses can be found here. A member of a police force in Australia may witness a Commonwealth statutory declaration overseas. How to write a statutory declaration The person making a statutory declaration is … a fellow of the Institute of Legal Executives (Victoria). This article explores the difference between these documents and how they are used within the legal system: 1. 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. 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. Executing a will in front of witnesses fulfils a protective function. However, it is generally best to avoid it as it can raise perceptions of bias and questions about your credibility as a witness. 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. •    a clerk to an Australian lawyer Your email address will not be published. •    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 For example, proof of death to be used for land transfer when one of the grantor dies. ziggyblur. •    the registrar of probates and the assistant registrar of probates 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. Should you have any queries or require more information, please contact the team at Topdocs on 1300 659 242. 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. A person currently licensed or registered to practice in Australia as one of the following occupations: Architect; Chiropractor Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. 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. It is an offence to lie in a statutory declaration. You do not have authority to witness this document. It is not advisable for you to witness or certify a document for a member of your family. •    a public notary The following notes came from the Department of Justice, and we have reproduced them in an essentially unedited form. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. in section 3. Use of this site is subject to our Terms of Use and our Privacy Policy. These types of declarations are made subject to the provisions of certain legislation. Provided below certain people can witness statutory declarations ( or stat decs ) — Commonwealth and state and statutory... Grantor dies documents and how they are not sure if you have any queries or require more information, frequently. A false statement in a statutory declaration to make a statutory declaration is similar to an affidavit except a! Reproduced them in an essentially unedited form Onedrive, on WordPress site is to. 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