How to Witness Affidavits and Statutory Declarations

The new Oaths Regulation 2011 came into force on 30 April 2012, and its introduction has some important consequences for swearing or affirming affidavits and statutory declarations.

Under the new Regulation, Justices of the Peace and legal practitioners witnessing your signature on affidavits or statutory declarations must confirm your identity.

This means that if you wish to have your signature witnessed on one of these documents, unless you have known the person witnessing your signature for more than one year, you will have to bring proof of your identity with you.

Some of the identification documents we can accept include:

  • Your driver’s licence or passport;
  • Your birth certificate;
  • Your Centrelink pension card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the government;
  • Your Medicare card;
  • Your credit card, passbook or statement of account from a bank, building society or credit union; and
  • Your student card.

We can’t accept identification documents that are expired or cancelled, except for an Australian passport if it expired less than two years ago.  If you’re using a statement of account from a bank, building society or credit union, it must be less than one year old.  If you’re relying on your student card, it must be less than two years old.

We’re always happy to see you if you need documents witnessed or certified. Contact our office today to speak to one of our lawyers or Justices of the Peace.