Can a cop witness a statutory declaration? Who can witness statutory declaration? Can I confirm a statutory declaration? Can a witness Witness be witnessed by a Justice of the peace?
Territory law says a person of your occupation or status is authorised to witness the statutory declaration.
Can an immediate family member witness my statutory declaration? If the family member falls within a class of persons authorised to witness a Commonwealth statutory declaration , the family member can witness your statutory declaration. I see that Commissioners for Declarations can witness statutory declarations. Can my family member or a person connected to the content of my statutory declaration also be a witness? There is no prohibition against witnessing a Commonwealth statutory declaration if you have a connection with the content or declarant.
A list of persons authorised to witness statutory declarations can be viewed below. It is not advisable for you to witness or certify a document for a member of your family. A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official an in some countries, certain Police Officers.
A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. An affidavit is a sworn statement of facts that has been written down and sworn to by the affiant before individuals who are authorized to administer oaths. Fairfax Corporation, Sir Philip Game writing at his desk in his office, Sydney ca. Copies of documents can only be certified by a person authorised to witness a statutory declaration. However, check with the agency or organisation that requested the statutory declaration for any additional requirements or limitations.
It is affirmed by the declarant and not sworn. Persons authorised to witness Statutory Declarations How to have a document correctly certified Take the original AND a photocopy to an authorised person. The most common authorised persons are police officers, school principals and pharmacists.
Affidavits need to be verified by oath or by solemn affirmation. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. To make a statutory declaration , download and complete the statutory declaration form below. You can type or write the statutory declaration before visiting an authorised witness , but don’t sign it yet.
You will need to do this in front of the witness. Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer. Registrar, or Deputy Registrar, of a court.
Senior executive employee of a Commonwealth authority Senior executive employee of a State or Territory. It is generally not a good idea to elect a relative to be the witness of a legal document, as having any financial interest or relation to one of the other parties may tarnish the witness’s credibility. While there is no specific law stating a relative cannot be a witness , it is not always the best idea.
Ideally, a witness should be a neutral third-party. As discussed above, a witness cannot be a beneficiary or party to the document. However, where relatives are involve this can sometimes tarnish the legitimacy of the witness. The information in a declaration can help the judge make a decision on the motion. At a hearing on a motion, the parties do not get much time to speak.
Free Practical Law trial To access this resource, for a free trial of Practical Law. You also usually cannot testify. Item Formal description Informal description 1. Get a friend or family member to proofread your draft as well, and see if they understand your declaration , whether they find it convincing, and if they have any further suggestions. Can a family member witness a statutory declaration ?