Anyone can make a statutory declaration under the Statutory Declarations Act 1959, including minors and retirees. In-house lawyers are often asked to witness documents being signed. Why you would need a statutory declaration. From 30 April 2012 there are new requirements for witnessing the signing of affidavits, statutory declarations and affirmations in NSW. statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. 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. 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. These are changes to the Oaths Act 1900 and relate to the steps to be taken to check identity. N/A. 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. Who can witness your statutory declaration; Download a Commonwealth statutory declaration form; Consultations and reviews; Publications ; A statutory declaration is a legal document that contains a written statement about something that is true. Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 lists the people who are authorised to witness declarations in Western Australia. In some countries, certification of documents can also be referred to as 'notarisation' of documents. If you intentionally make a false statement in a statutory declaration you can be charged with a criminal offence which carries the possibility of up to four years imprisonment. An adult (≥ 18 years old), unless specified by another Act. This article explores the difference between these documents and how they are used within the legal system: 1. 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. A statutory declaration is a written statement that you sign and declare to be true and correct in the presence of an authorised witness. COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations. 2I am a [proposed] director of [insert name of company]. Oaths, Affidavits and Declarations Act 2010 (NT) VIC. From today, financial planners and financial advisers have been granted status to sign statutory declarations under commonwealth legislation. There are two alternative formats specified in the Act, in the Eighth Schedule and in the Ninth Schedule. N/A. Item Formal description Informal description 1. You can be charged with a criminal offence if the information is false. A NSW statutory declaration is made under the Oaths Act 1900. A statutory declaration is a sworn or affirmed statement and is usually used where there are no court proceedings but some fact needs to be proved. By signing it, you agree that the information in it is true. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. Any person who helps with these tasks must clearly write or stamp on the front page of the statutory declaration: their name and address; the help they provided to the person making the declaration. N/A. Solicitor; or a registered Notary Public can witness NSW Statutory Declarations. I can witness a statutory declaration in the State or Territory where I live. Ultimately, who can be a witness of a signature can differ depending on the type of document and the relative legislative requirements. N/A. 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. Oaths, Affidavits and Statutory Declarations Act 2005 (WA) SA. 1671 (11/2017) Page 1 of 1 . Before you sign the form and fill in the date and place, you need to find an authorised witness. N/A. In addition, officers of the armed services with the equivalent rank of major and above, and British diplomatic and consular officers in post abroad, may authenticate a statutory declaration. 45071725 Form No. On this page. N/A. If you are interstate or overseas Applicants who are interstate or overseas must have their documents certified by a person authorised to do so in that State, Territory or country. STOP you must print this statutory declaration and sign it in front of a person mentioned over the page. Yes. The witness completes the rest of the form stating if your face was visible or not. When Would You Need a Statutory Declaration. The Statutory Declarations Regulations 1993 state 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 Territory. Who can be a witness. People who can certify proof of identity documents in Australia are: any person who is entitled to witness a Commonwealth of Australia Statutory Declaration as prescribed in the Statutory Declaration Regulations 2018 (see below) A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. On occasions, you may need to provide us with a statutory declaration. Affidavit An affidavit […] As an authorised statutory declaration witness, you can provide this help to the person making the statutory declaration. 10. 2. Statutory Declarations Regulation 2018 (Cth) NSW. 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. QLD. 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. Toll Notice number: Vehicle registration number: I, [full name of person on toll notice] of [address] Phone number: give notice that the person named below was responsible for the trip: Catalogue No. N/A. NT. If you are currently overseas, you may be able to locate an authorised witness at your nearest Australian Embassy, high commission or consulate. 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. Whether the witness has known you for 12months OR confirmed photographic evidence [describe identification document relied on] – the witness has to state the document sighted eg. Witnessing statutory declarations. Statutory declarations . [name of authorised witness] [qualification of authorised witness] certify the following matters concerning the making of this statutory declaration by the person who made it: [* please cross out any text that does not apply] 1. N/A. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace, a lawyer or a notary public. Signature of authorised witness: Tolling Notice Statutory Declaration – Individuals. hesta@hesta.com.au | 1800 813 327 | Locked Bag 5136, Parramatta NSW 2124 | hesta.com.au statutory declaration Statutory Declarations Act 1959 Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959. Statutory declaration for downloaded documents (PDF 25KB) Statutory declaration for downloaded documents - accessible alternative (TXT 1.3KB) Getting a statutory declaration witnessed. N/A. 9. NSW Statutory Declaration Forms. Statutory declarations; Lobbyists Watch List; Cancellation or suspension of registration ; Responsible officers and online training; NSW Electoral Commission decisions; Lobbyists online portal; Statutory declarations. Published by Terry McCabe on Apr 29, 2020 As reported in our earlier article, the NSW Government recently made new regulations in response to the COVID-19 pandemic to make it easier for documents to be witnessed and attested. Both statutory declarations and affidavits can be made by any person on his or her own will. A statutory declaration can be made under the Oaths Act 1867 or the Statutory Declarations Act 1959. You can look for a JP on the public register of JP’s . 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. STATUTORY DECLARATION Oaths Act 1900 (NSW)1 I, [insert full name] of [insert residential address], do solemnly and sincerely declare that: 1. Your statutory declaration will need to be witnessed and signed by an authorised witness, such as a Justice of the Peace (JP). N/A. A rubber stamp containing this information may be used. In this this module we explain the types of statutory declarations you maybe asked to witness and debunk some common myths surrounding these documents. Person employed under the Public Sector Management Act 1994 Part 3. Can a minor witness a statutory declaration? A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness — usually a JP, lawyer or notary public. Hi, Can any individual (standard member of the public) witness a statutory declaration? *I saw the face of the person … A NSW statutory declaration is made under the Oaths Act 1900. A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. [section 12 (5)(c)] 4. WA. Can I also witness a Commonwealth statutory declaration? 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. The terminology used in the legal industry regarding statements of evidence can be confusing. It must be witnessed by an approved person. In brief - Summary and flowchart for witnessing statutory declarations and affidavits in NSW. COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations . The Department of Justice website for the full list of persons who can witness statutory declarations. Many people can be witnesses. N/A. 1994 Part 3 a JP on the public Sector Management Act 1994 Part 3 NT ) VIC be taken check... 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