The Department of Justice website for the full list of persons who can witness statutory declarations. 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. 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.. Who can witness a statutory declaration in Victoria? A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. •    the manager of a bank If the module is taking a while to load or is not loading, please try pressing the CTRL and F5 buttons simultaneously, if this does not fix the issue please contact us via the feedback form below. 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. 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. Statutory declarations can now be made remotely to maintain physical distancing to help slow the spread of coronavirus (COVID-19). Executing a will in front of witnesses fulfils a protective function. See section 19(1) for a list of authorised affidavit takers. Lifestyle. •    a senior officer of a council as defined in the Local Government Act 1989 Sign the statutory declaration : A statutory declaration must be witnessed by a solicitor or Justice of the Peace. A rubber stamp containing this information may be used. Find out how to make a statutory declaration in Victoria, and see a list of authorised witnesses. A list of the prescribed categories of witnesses is set out on the … •    the secretary of a building society They provide a great way to keep up to date and informed. It is an offence to lie in a statutory declaration. •    a veterinary practitioner Modern Business by Slocum Studio. Sanjeev Sabhlok's notes on technology, hardware, gardening. Generally speaking, a witness must be: At least 18 years old ; … Generally, a statutory declaration has the same force of effect as if made under oath. 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. 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. The Commonwealth statutory declaration contains the list of authorised witnesses on it. Please note this article is for information purposes only and does not constitute legal advice. If you are not sure if you need to make a statutory declaration, you should get legal advice. The most common authorised persons are police officers, school principals and pharmacists. Statutory declarations . 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 … Who can witness a statutory declaration in Victoria? 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. a justice of the peace or a bail justice. The following notes came from the Department of Justice, and we have reproduced them in an essentially unedited form. 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. 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. A full list of authorised statutory declaration witnesses can be found at www.justice.vic.gov.au. If you are interstate or overseas. The Oaths and Affirmations Act 2018 provides that statutory declarations may only be witnessed by certain categories of persons. There are a range of community services that people with a disability can access including community health, early childhood and education, and more. •    the associate to a judge of the Supreme Court or of the County Court Statutory declaration of acknowledgement of parentage form Forms LOC020, LOC021 and LOC025: Change your name by deed poll Application form … 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. This article explores the difference between these documents and how they are used within the legal system: 1. A note on the requirements for making a statutory declaration to exclude a tenancy from the provisions of the Landlord and Tenant Act 1954. • 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. And what must they do? Under the Evidence Act 1958, there are many people who may witness the signing: a justice of the peace or a bail justice If you are making a statutory declaration, you are called the 'declarant'. Whirlpool. If you intentionally make a false statement in a statutory declaration, you can be charged with a criminal offence. |  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). 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 Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. Statutory declarations are made in writing. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. Who Can Witness a Signature? The Victorian statutory declaration list of authorised witnesses can be found here. 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 fellow of the Institute of Legal Executives (Victoria). The terminology used in the legal industry regarding statements of evidence can be confusing. Statutory declarations made in Victoria (1) A statutory declaration must be in the prescribed form. A declaration does not need to be signed in the presence of a witness. menu Whirlpool Go to navigation. Gain valuable industry insights and commentary through the Topdocs techncial articles. Who can be a Commissioner for Declarations. Please note our technical articles are for information purposes only and do not constitute legal advice. 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’. 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 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. Statutory declarations. •    a registered dentist within the meaning of the Dental Practice Act 1999 •    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 Affidavit An affidavit […] However, it is generally best to avoid it as it can raise perceptions of bias and questions about your credibility as a witness. 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. 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. 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 . A person currently licensed or registered to practice in Australia as one of the following occupations: Architect; Chiropractor PERSONS WHO CAN WITNESS STATUTORY DECLARATIONS. A statutory declaration is a written statement that a person signs and declares to be true and correct before an authorised witness. 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. For more information, see frequently asked questions about statutory declarations . There was a thread on this a while back, there is a difference between stat decs and cerified copies. Who can witness your statutory declaration. •    a public notary 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. •    the secretary of a master of the Supreme Court or of the County Court 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. in section 3. •    a councillor of a municipality You do not have authority to witness this document. We only give information about Commonwealth statutory declarations. Accommodation. 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 … Archive View Return to standard view. •    a member of the police force 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 member of the Institute of Chartered Accountants in Australia or CPA or the National Institute of Accountants •    a registered medical practitioner within the meaning of the Medical Practice Act 1994 How to write a statutory declaration The person making a statutory declaration is … Only be certified by a person signs and declares to be signed in the presence of a police... 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