Who Can Witness a Statutory Declaration in New South Wales?

Who Can Witness a Statutory Declaration in New South Wales
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A statutory declaration is significant in many legal and governmental situations in New South Wales. It is a written declaration made by a person under oath affirming the integrity of specific events or situations.

A statutory declaration’s accuracy and legality depend not only on its substance but also on the reliability of the witness. Knowing Who Can Witness A Statutory Declaration In New South Wales is crucial to confirm the document’s authenticity.

What Is A Statutory Declaration?

A statutory declaration is a written document made in the presence of an authorised witness, typically a JP, attorney, or notary public and is sworn, acknowledged, or declared true. The Oaths Act of 1900 governs the taking of statutory declarations in NSW.

Parliament creates legislation. In the Australian Parliament, a bill is a proposal for a new law or a reform to an existing law. An account becomes law once approved by the House of Representatives and the Senate and receives the Governor-General’s Royal Assent.

When Is A Statutory Declaration Necessary?

Statutory declarations are necessary in a variety of situations. These consist of:

  • Examining insurance claim accuracy;
  • Validating a change in name or personal information; 
  • Financial or medical issues;
  • A worker’s justification for sick leave.

What You Need To Be Free?

NSW has strict laws about their statutory declarations. You will need three mandatory pieces of information to obey the statutory orders. 

  • Information Or Specifics Concerning The Declaration Or Affirmation You’re Making
  • An Official Witness
  • Identity Documentation, If Necessary.

Prove’s Will Be Needed

If you are making a statutory declaration and the authorised witness is someone you haven’t known for at least a year, they must use an official identification document to verify your identity.

  • An acceptable form of identification can be a current, valid:
  • A driver’s licence or other document bearing your picture, including a digital licence
  • NSW picture ID
  • Australian identification card showing your photo
  • Australian passport that is either current or has yet to expire in the past two years. Or any document containing your photo and signature granted by a nation other than Australia or the UN (with an English interpretation if it wasn’t in English).

For identification cards with photos:

  • It has to be your picture.
  • Your name must be the same as it is on the statutory declaration.
  • As soon as you schedule a meeting with the authorised witness, find out if your form of identification is suitable.

What Situations Call For Statutory Declarations?

A statutory declaration is typically used when facts must be established, but only sometimes in court proceedings. Examples include:

  • Proving one’s identity.
  • Transferring a speeding fine.
  • Demonstrating compliance with registration requirements with a government agency.
  • Disclosing criminal convictions from another nation.
  • Applying for a bank loan for a business.

In NSW, Who Is Eligible To Make A Statutory Declaration?

A natural person must make and sign a statutory declaration. It cannot be created, signed, or endorsed by another individual. An approved corporation officer may declare on that entity’s behalf; they must identify themselves, their information source, and their standing to do so.

The declaration must be made in the attorney’s own right and their name if they have been given power of attorney to handle another person’s affairs.

Who Can Witness A Commonwealth Statutory Declaration? 

The Statutory Declarations Act of 1959 specifies the standards for Commonwealth witnesses. A Commonwealth witness must be 18 years of age or older, licenced by the law, and have no stake in the outcome of the declaration. In addition, the witness must sign the statement in the declarant’s presence. There are several authorised witnesses for Commonwealth Declarations. 

  • Justice of the Peace 
  • Commissioner for Declarations 
  • Notary Public 
  • Lawyer 
  • Pharmacist 
  • Bank Manager 
  • Teacher 
  • Police Officer 
  • Post Office Manager 
  • Member of Parliament 
  • Registrar or Deputy Registrar of a Court
  • Member of the Australian Defence Force 
  • Chaplain of the Australian Defence Force 
  • Authorised Officer of an Australian Consulate or Embassy. 

FAQ

Q: In New South Wales, Can A Relative Testify To A Statutory Declaration?

A: A lawyer, a judge of the peace, a notary public, or an Australian diplomat or consul are all acceptable. Become a public notary. An affidavit, statutory declaration, or general document can all be witnessed by a family member.

Q: In NSW, Can A Police Officer Testify To An Affidavit?

A: There is a comprehensive list of people who can witness or certify your documents for Commonwealth purposes, and this list includes a police officer, whether you live in New South Wales or any other state in Australia and want to utilise them in Australia.

Q: Can You Create A Statutory Declaration On My Own In Australia?

A: Section 2 of a statutory declaration is where you should make your statement. Either type your information or write it down by hand. Using a pencil is not advised due to the possibility of data erasure. We cannot offer suggestions for what to include in your statement.

Q: What Does An Australian Statutory Declaration Mean?

A: A factual statement you affirm as accurate is a statutory declaration. It is admissible as proof. A statutory declaration may be required for various reasons, including verifying your personal information.

Q: Who Can You Be As An Independent Witness?

A: Suppose an independent witness cannot be present in person. In that case, a family member or a cohabitant will do, provided the witness is not a party to the documents or the more significant transaction.

In The End

Knowing Who Can Witness A Statutory Declaration In New South Wales is essential to make one. It will guarantee that your statement is legal and admissible as proof in court.

Finding an appropriate witness for your statutory declaration may seem complicated, but following the approved categories of witnesses ensures your declaration’s authenticity and legal validity.

Your statutory order will be acknowledged and recognised for its intended purpose if you have the correct witness, whether a Justice of the Peace, a solicitor, or a Notary Public.

Hi, I'm Md Abid Hasan. The owner & content editor of Travellye.com. Travellye.com is a travel blog that covers road trips, day trips, and destinations guide.

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