Legal documents

16 Dec

Written By For Good Digital

Statutory declarations are used for many purposes:
- verification of insurance claims;
- proof of age;
- applications for sick leave or some benefits; and
- other situations where a formal record is required that states the information provided is true.
The person making the statement (the declarant) must sign the declaration in the presence of an authorised witness (e.g. a justice of the peace) and make a solemn declaration that it is true and correct. A statutory declaration can only be made by a natural person (i.e. not by an organisation or company).
Anyone knowingly making a false declaration is liable to criminal prosecution for perjury.
A statutory declaration may be typed or handwritten.
Standard statutory declaration forms and a list of authorised witnesses are available on the website of the Victorian Government Department of Justice and Community Safety (www.justice.vic.gov.au).
‘Document signing stations’ provide the community with convenient access to justices of the peace during business hours and evenings. The stations are located in public places (e.g. police stations and libraries). To find a document signing station, use the ‘Find a JP document signing station’ tool at www.justice.vic.gov.au. Services offered by justices of the peace at signing stations include:
- attesting the execution of a document;
- witnessing an affidavit for use in court;
- witnessing a statutory declaration;
- certifying a true copy of an original document; and
- certifying a person’s identity.
For information about justices of the peace and public notaries, see ‘Witnessing legal documents’, below.
Statutory declarations that are to be used in other Australian states may require different wording, and it is best to have them witnessed by a justice of the peace or a solicitor.
Before making a declaration, check the requirements of the different states with the Law Institute of Victoria (see ‘Contacts’ at the end of this chapter).
Declarations made under Commonwealth laws also require different wording. The list of authorised witnesses for Commonwealth declarations differs to those to be used in Victoria. The requirements for declarations made under Commonwealth laws should be checked with the relevant government department, authority or court before making the declaration. The Victorian Government Department of Justice and Community Safety website (www.justice.vic.gov.au) has information about this.
Any documents that are to be used overseas should be witnessed by a public notary or justice of the peace. However, this depends on the country, as some will only accept the seal of a public notary. Check the requirements with the consulate for that country before having any documents witnessed.
A statutory declaration may be signed, and witnessed, electronically.
Affidavits are sworn documents that are mostly used in legal proceedings. Affidavits are made in writing and must be clearly legible. A person making an affidavit must take an oath (for which they may use the Bible or another religious text, but are not required to), or make an affirmation, that the contents are true and correct, in the presence of a person who is authorised to receive affidavits (see ‘Witnessing legal documents’, below). Note that:
- the position of Commissioner for taking Affidavits was abolished in Victoria in 1990;
- no fees are payable for witnessing documents (except as a public notary: see ‘Public notaries’, below); and
- affidavits may be signed and/or witnessed by electronic means.
Affidavits for use in an Australian court exercising federal jurisdiction may be sworn before any justice of the peace, bail justice, public notary or lawyer.
Depending on the purpose of the affidavit, other classes of people (i.e. other professions) may be able to witness affidavits.
In Family Court matters, the list of suitable witnesses differs from state to state. Check with the Family Court registry (see ‘Contacts’ at the end of this chapter) or see the list of expert witnesses at www.fcfcoa.gov.au/fl/pubs/expert-witnesses.
To have legal force, a document (e.g. a statutory declaration) must be witnessed by a person authorised to do so under state or Commonwealth law.
Except for those who have been specifically appointed to witness documents (i.e. justices of the peace and bail justices), people in various occupations are authorised by the Oaths and Affirmations Act 2018 (Vic) to witness documents for use in Victoria. A list of authorised witnesses is available on the Victorian Government Department of Justice and Community Safety website (www.justice.vic.gov.au). Also, standard statutory declaration forms usually include a list of approved witnesses.
The requirements for witnessing statutory declarations or receiving affidavits vary according to where the document is to be used, so it is important to check the requirements of the relevant jurisdiction before having a document witnessed.
A statutory declaration or affidavit can be signed and/or witnessed electronically.

Justices of the peace – who, together with bail justices, are known as honorary justices – are regulated by the laws of the state or territory that appoints them. In Victoria, the appointment of honorary justices is regulated by the Honorary Justices Act 2014 (Vic) (s 7).
Honorary justices in Victoria have the power to witness a range of legal documents, including statutory declarations and affidavits, and to certify true copies of documents. They can witness interstate and international documents. Honorary justices cannot charge for witnessing documents.
Victorian honorary justices no longer have the power to sit as magistrates to hear minor offences, to conduct committal proceedings, to issue search warrants, or to perform marriage ceremonies.
It is an offence punishable by imprisonment to pretend to be an honorary justice.
To find an honorary justice, contact the Honorary Justice Office (see ‘Contacts’, below).
Bail justices can witness certain documents under the Oaths and Affirmations Act 2018 (Vic) (e.g. statutory declarations and affidavits for use within Victoria). Bail justices are lay people appointed by the Attorney-General under the MC Act (s 120A). They do not charge fees.
Notaries are senior legal practitioners who authenticate, prepare, attest, witness and certify original and copies of legal documents for use overseas. They certify documents originating in Australia and verify their validity under our laws.
Under the Hague Convention (1899, 1907), the office and seal of a notary is internationally recognised. Fees are charged for these services. Under the Public Notaries Act 2001 (Vic), notaries are appointed by the chief justice of the Supreme Court.
To find a notary in your area, contact the Law Institute of Victoria (see ‘Contacts’, below).