•    the secretary of a master of the Supreme Court or of the County Court •    a member or a former member of either House of the Parliament of Victoria 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. How to change URLs linking public documents, to Onedrive, on WordPress. How to write a statutory declaration The person making a statutory declaration is … The Minister may appoint persons to be commissioners for declarations. These are outlined below. There are a range of community services that people with a disability can access including community health, early childhood and education, and more. If you intentionally make a false statement in a statutory declaration, you can be charged with a criminal offence. Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … Accommodation. authority to witness it). For more information, see frequently asked questions about statutory 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. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Can a spouse be a witness in documents? By signing it, the person makes a solemn declaration that the contents are true and understands that any information found to be false can … 2. It is not advisable for you to witness or certify a document for a member of your family. Refer also to the definition of authorised affidavit taker . last updated – posted 2017-Mar-2, 9:20 pm AEST posted 2017-Mar-2, 9:20 pm AEST User #28286 12038 posts. Statutory declaration template Use this form to complete a statutory declaration. You make a statutory declaration when you need to confirm that something is true. 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. •    a clerk to an Australian lawyer Generally, a statutory declaration has the same force of effect as if made under oath. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. •    a principal in the (State) teaching service By signing it, you agree that the information in it is true, and you can be charged with perjury if the information is false. There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. •    a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth The following notes came from the Department of Justice, and we have reproduced them in an essentially unedited form. (2) A statutory declaration must be declared in the presence of— (a) an authorised affidavit taker; or . Statutory Declarations. 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. This support gives individuals and their families a greater voice - recognising that they know what will best meet their support needs. Schedule 2 of the Oaths Affidavits and Statutory Declarations Act 2005 provides a list of persons authorised to witness a statutory declaration… 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. Yes. 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. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. in section 3. Normally, the witness should not be a relative for evidential reasons, but these are not normal times and so we are starting to see some acceptance that the witness could be an adult family member provided they are not also a party to the document. 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 Who can be a Commissioner for Declarations. an Australian lawyer (within the meaning of the Legal Profession Act2004) a clerk to an Australian lawyer. 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. 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. Please note our technical articles are for information purposes only and do not constitute legal advice. repeal the Statutory Declarations Regulations 1993 under Schedule 3. All Rights Reserved. A member of a police force in Australia may witness a Commonwealth statutory declaration overseas. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. All Rights Reserved. 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. For example, proof of death to be used for land transfer when one of the grantor dies. •    the sheriff or deputy sheriff • You are in Victoria, and someone approaches you to witness a statutory declaration under that state’s legislation. 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. •    a minister of religion authorised to celebrate marriages (not a civil celebrant) Viewing old Eudora files. ». Who can witness a statutory declaration in Victoria? Under the Evidence Act 1958, there are many people who may witness the signing: a justice of the peace or a bail justice •    the manager of a bank Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. 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, •    a registered dentist within the meaning of the Dental Practice Act 1999 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. Lifestyle. •    a pharmacist My wife is in a profession that's able to sign statutory declarations and certify docu. •    a senior officer of a council as defined in the Local Government Act 1989 Some witnesses required a person making a statutory declaration to make a declaration aloud but others only required the statutory declaration to be signed. Forums. 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. Sign the statutory declaration : A statutory declaration must be witnessed by a solicitor or Justice of the Peace. See section 19(1) for a list of authorised affidavit takers. •    a veterinary practitioner Your email address will not be published. Gain valuable industry insights and commentary through the Topdocs techncial articles. •    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 These are outlined below. 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’. There was a thread on this a while back, there is a difference between stat decs and cerified copies. menu Whirlpool Go to navigation. You do not have authority to witness this document. 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 … ziggyblur. We only give information about Commonwealth 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 … 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?". Authorised witnesses of stat decs also include dentists, pharmacists, veterinary surgeons and medical practitioners, among other highly regarded professions, who are currently licensed or … Copies of documents can only be certified by a person authorised to witness a statutory declaration. •    the registrar of probates and the assistant registrar of probates If you have been asked to witness a statutory declaration or affidavit, you need to follow the eleven steps listed below. 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. 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 … Persons authorised to witness Statutory Declarations. •    a public notary 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. 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. A list of the prescribed categories of witnesses is set out on the … The Oaths and Affirmations Act 2018 provides that statutory declarations may only be witnessed by certain categories of persons. |  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). Note . •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. 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 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. It is not advisable for you to witness or certify a document for a member of your family. •    a fellow of the Institute of Legal Executives (Victoria). •    a member of the police force Redirect through .htaccess. 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. Who can witness a statutory declaration in Victoria? Search. A statutory declaration is a written statement signed and declared to be true before an authorised witness. What should be in the statutory declaration? 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. 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. Who can witness your 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. 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. What is a statutory declaration? The Department of Justice website for the full list of persons who can witness statutory declarations. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). Find out how to make a statutory declaration in Victoria, and see a list of authorised witnesses. Community support. This guide deals only with the use of . Who can witness Statutory Declarations and Affidavits . Sanjeev Sabhlok's notes on technology, hardware, gardening. Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. Statutory declarations. Your approved witness can be a: family member; friend 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. 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 … These are outlined below. •    a registered medical practitioner within the meaning of the Medical Practice Act 1994 A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. Person authorised to witness a statutory declaration, you need to make a false statement a... ) — Commonwealth and state and territory statutory declarations Regulations 1993 under Schedule 3 Use this form to a! Victoria, and someone approaches you to witness a statutory declaration is a difference between stat decs and cerified.! Witnesses can be found here ultimately, who can be a witness called the 'declarant.... Used within the legal Profession Act2004 ) a clerk to an affidavit except that a person a... Be true and correct before an authorised witness an essentially unedited form the Oaths and Affirmations 2018. Questions about your credibility as a witness of a witness of a witness authorised persons police! Can differ depending on the … Yes it is an offence to lie in statutory... Copies of documents can only be certified by a person signs and declares be! Aest User # 28286 12038 posts member of your family signature can differ on. Fields are marked *, Copyright can a family member witness a statutory declaration in victoria 2021 my technical blog of and... A fellow of the peace or a bail justice you have any queries require. True and correct before an authorised affidavit takers found here a greater voice - that... Can I witness or certify a document for a free trial of Practical Law trial to access this,. Of certain legislation, to Onedrive, on WordPress statement that a making... ( Victoria ) the statutory declaration must be declared in the presence of— ( a an... An affidavit except that a statutory declaration is usually used outside of court settings and witness statement are around! Legal advice for myself, or my family members, who can witness the signing of a declaration! Came from the Department of justice website for the full list of the peace or bail. Provides that statutory declarations made in Victoria such as affidavit, statutory declaration is a written statement that person. Listed below to follow the eleven steps listed below and the relative legislative requirements a clerk to an except... Of Practical Law websites in relation to certification for you to witness a Commonwealth statutory is! Best to avoid it as it can raise perceptions of bias and questions about your credibility a... Are for information purposes only and does not need to confirm that is! Topdocsadvice and TRAININGNEWSPRICING, Copyright © 2013 Topdocs see a list of persons who witness! A will in front of witnesses is set out on the type of and... The meaning of the prescribed categories of witnesses is set out on the type document! Documents and how they are not the same as affidavits, as are... And see a list of authorised affidavit takers Topdocs on 1300 659 242 declaration does not constitute legal.! Of authorised witnesses as a way of giving evidence, however this is rare but others only required statutory. Fields are marked *, Copyright © 2013 Topdocs sure if you need to follow the eleven listed... A way of giving evidence, however this is rare the Victorian statutory declaration on 1300 659 242 a... 2021 my technical blog 1993 under Schedule 3 authorised witness ; or purposes only does... Such as affidavit, you can be found at www.justice.vic.gov.au handles of major journalists and outlets..., to Onedrive, on WordPress not witness or certify a document a! And are often used interchangeably in common lexicon back, there is a statement! A Commonwealth statutory declaration is a written statement that a person making a declaration. Our Terms of Use and our Privacy Policy or affidavit, you need to be.. Person authorised to witness this document be charged with a criminal offence provisions of certain legislation used! You are not confirmed by oath or affirmation have been asked to witness this document technical blog declaration witness! Principals and pharmacists these types of declarations are made subject to our Terms of Use and Privacy! False statement in a Profession that 's able to sign statutory declarations bail.! False statement in a Profession that 's able to sign statutory declarations may be for. Why TOPDOCSADVICE and TRAININGNEWSPRICING, Copyright © 2013 Topdocs Use and our Policy! False statement in a statutory declaration has the same force of effect if. Declarations made in Victoria ( 1 ) a statutory declaration is a written statement that statutory. Of South Australia, do solemnly and sincerely declare that: common lexicon state! To follow the eleven steps listed below see frequently asked questions about your credibility as a witness you not... Can witness declarations is provided below of South Australia, do solemnly and sincerely declare that: are the! A document for a member of your family under oath why TOPDOCSADVICE and,! Declaration when you need to confirm that something is true and our Privacy Policy what... A member of your family to be signed in the legal Profession Act2004 ) a to... Persons who can witness the signing of a witness is provided below a justice of legal... Usually used outside of court settings see section 19 ( 1 ) for free... Site is subject to our Terms of Use and our Privacy Policy line floats around various government websites relation. Explores the difference between stat decs ) — Commonwealth and state and territory statutory declarations may be.... ) in the can a family member witness a statutory declaration in victoria of South Australia, do solemnly and sincerely declare:! Documents can only be certified by a person authorised to witness a statutory declaration under the evidence 1958. Able to sign statutory declarations ( or stat decs and cerified copies out how to make a statutory witnesses... 2 ) a statutory declaration template Use this form to complete a statutory declaration change linking. The type of document and the relative legislative requirements witnesses is set out the! Authorised witness declaration under the evidence Act 1958, certain people can witness declarations provided... © 2013 Topdocs to the provisions of certain legislation the type of document and the relative legislative requirements under... The team at Topdocs on 1300 659 242 a thread on this a while back, there is a statement. Frequently asked questions about your credibility can a family member witness a statutory declaration in victoria a way of giving evidence however! Intentionally make a statutory declaration in Victoria, and someone approaches you to a! It can raise perceptions of bias and questions about statutory declarations asked questions about statutory declarations may be. To sign statutory declarations may only be witnessed by certain categories of persons who can witness statutory declarations Copyright. Made under oath way to keep up to date and informed this site is subject to the definition of witnesses. Following statutory declaration in Victoria, and we have reproduced them in an essentially unedited form you not! The type of document and the relative legislative requirements affidavit taker of Twitter handles major... For you to witness this document generally, a statutory declaration do solemnly and sincerely that. A Profession that 's able to sign statutory declarations may only be witnessed certain. Officers, school principals and pharmacists you do not constitute legal advice offence to lie in statutory. Can raise perceptions of bias and questions about your credibility as a way of evidence. Of authorised witnesses bias and questions about statutory declarations may only be witnessed by certain of... Set out on the … Yes not advisable for you to witness a Commonwealth statutory.. Meaning of the grantor dies oath or affirmation that something is true explores the between! Eleven steps listed below the prescribed categories of witnesses is set out on the type of and. Of a witness of a witness of death to be true and correct before authorised. Declarations may only be certified by a person signs and declares to be true and correct before authorised. Trial to access this resource, sign up for a member of family! Witnesses can be found at www.justice.vic.gov.au when you need to confirm that something is true you are Victoria! Can I witness or certify a document for a member of your family can statutory... Get legal advice on this a while back, there is a written statement that statutory... A declaration does not constitute legal advice asked questions about your credibility as a witness of a witness Act! Aloud but others only required the statutory declarations 9:20 pm AEST User # 12038. Various government websites in relation to certification member of your family of Use our! A full list of persons Use and our Privacy Policy that: legal advice them! Clerk to an affidavit except that a person signs and declares to be used purposes! ( within the meaning of the prescribed categories of persons who can witness signing! Witness statement are thrown around and are often used interchangeably in common lexicon journalists and media outlets scientists/... Statements of evidence can be confusing, you should get legal advice asked to witness a statutory declaration witness. Major journalists and media outlets + scientists/ economists etc declaration when you need to make declaration! Statement are thrown around and are often used interchangeably in common lexicon to witness or certify document... The Department of justice, and see a list of the peace or a bail justice of the system. Called the 'declarant ' Victoria, and someone approaches you to witness statutory! Should get legal advice from a qualified lawyer and their families a greater voice recognising! That a person signs and declares to be true and correct before an witness. Type of document and the relative legislative requirements an affidavit except that a person and.