who can witness a statutory declaration

You can ask them to repeat the words after you, or they can read them aloud. 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)). If a witness falls into more than one category (e.g. For example, proof of death to be used for land transfer when one of the grantor dies. A person making a statutory declaration may need help with reading, writing, translation or other kinds of assistance. 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. Only certain people in New Zealand can witness a statutory declaration. List of people who can witness a Commonwealth statutory declaration. This could be fax, email or some other way of electronically sending documents. 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 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. It is witnessed by a person who is authorised by legislation to witness statutory declarations. This process is taken from the Oaths and Affirmations Act 2018 (External link). As an authorised statutory declaration witness, you can provide this help to the person making the statutory declaration. Authorised Witnesses for Statutory Declarations PDF (76.94KB) Page reviewed 27 March 2020. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Declarations made in New Zealand. 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. 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). Part 3.3 of the Legal Profession Uniform Law(NSW) as applie… A solicitor. 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. They have the same effect in law as a sworn statement or affidavit. 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]. 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.'. 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. 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. In New Zealand, the following people can sign your statutory declaration: Justice of the Peace (JP) - Find a JP When a person makes a declaration, they are testifying that the contents of the statutory declaration are either: 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. 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. witness) a 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. A statutory declaration is a legally recognised written statement that the person making the statutory declaration (the declarant) promises is truthful. 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. Revenue Office), © State of Victoria (State Revenue Office), Javascript must be enabled for the correct page display, Take a moment to tell us why. You can be charged with a criminal offence if the information is false. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). This document was witnessed by audio-visual link in accordance with the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. 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. By signing it, you agree that the information in it is true. The State Revenue Office acknowledges Aboriginal and Torres Strait Islander people as the Traditional A Justice of the Peace is not permitted to charge for witnessing statutory declarations. Your approved witness can be a: family member; friend A statutory declaration is a written document that must be completed in front of an authorised witness. By signing it, you agree that the information in it is true. an agreed way to send one another documents. The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … 16 October 2019. your qualification as a statutory declaration witness. Do I have to attest all the pages of the statutory declaration document even if it is witnessed by a notary public? 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. Provided by. Receive updates about Victoria's taxation legislation, duties, levies and grants. 2. Department of Justice. 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. an agreed way to meet online. My wife is in a profession that's able to sign statutory declarations and certify documents. 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. The organisation receiving the statutory declaration can then be confident about the information being provided. 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. If this is required, the person assisting must also be present by audio-visual link when the statutory declaration is signed. 1 Smith Street Melbourne Victoria 3000 A person who is registered under the Health Practitioner Regulation National Law (Western A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. 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. Copies of documents can only be certified by a person authorised to witness a statutory declaration. Both statutory declarations and affidavits can be made by any person on his or her own will. “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. 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. Privacy law regulates how personal information is obtained, used and disposed of. Witnessing statutory declarations is usually regarded as a public service. 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 law does not prohibit other witnesses charging a fee or asking for small donation to a charity instead of a fee. 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. 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