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. Can I also witness a Commonwealth statutory declaration? I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence … For the declaration to be valid it must have been witnessed and signed by one of the following: A solicitor. 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. Hi, Can any individual (standard member of the public) witness a statutory declaration? 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. What is a Notary? witness statutory declarations; witness affidavits; witness and administer oaths and affirmations; certify a true copy of an original document. If you wish to make a statutory declaration remotely, please see the information below. Under the Evidence Act 1958, certain people can witness the signing of a statutory declaration in Victoria. Can an immediate family member witness a statutory declaration? You can be prosecuted if you make a false declaration. I,1. You cannot witness or certify a document for yourself. There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. Statutory Declarations Act 1959: 2 Set out matter declared to in numbered paragraphs. ... Can family members witness a signature? We only give information about Commonwealth statutory declarations. The right to administer oaths also includes the right to swear affidavits and sign statutory declarations, as they are all sworn or made under oath. make the following declaration under the . The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … Affidavits need to be verified by oath or by solemn affirmation. The terminology used in the legal industry regarding statements of evidence can be confusing. Number each point to make it clearer) Note: What you write must be true. Statutory Declarations Act 1959. A rubber stamp containing this information may be used. Copies of documents can only be certified by a person authorised to witness a statutory declaration. A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. 22. The normal rules for making a statutory declaration in person still apply, but now you can also do it using an audio-visual link with an authorised witness. What are my obligations as a witness? Section 20 of the Statutory Declarations Act 1835 (“SDA”) prescribes the form of the statutory declaration to be given is as set out in the Schedule to the Act. witness) a statutory declaration. Justice of the Peace (Magistrates Court) A Justice of the Peace (Magistrates Court), or JP (Mag Ct), has all of the duties and responsibilities of the previous 2 roles, with an additional power. 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. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. Other members of CILEx may not administer oaths. Anyone can make a statutory declaration under the Statutory Declarations Act 1959, including minors and retirees. Saskatchewan. Information for witnesses . 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. The officer is only empowered to take affidavits or statutory declarations of CAF members. 19. Alternatively, you can consider seeking legal advice from a qualified lawyer. 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