Can a minor witness a statutory declaration? Number each point to make it clearer) Note: What you write must be true. If you are making a statutory declaration, you are called the 'declarant'. Can I also witness a Commonwealth statutory declaration? 2. Affidavit An affidavit […] A statutory declaration is a statement of fact made by a declarant (the person making the declaration) conscientiously (or carefully) believed to be true. [section 12 (5)(c)] 4. 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. A Fellow who has the right to administer oaths is also entitled to use the title 'commissioner for oaths'. Do I need legal advice? 4.3.5 Can I witness or certify documents for myself, or my family members? A statutory declaration is a written statement which the person making it ('the declarant') declares before an authorised witness (who is said to 'take' the declaration) to be true to the best of his or her knowledge and belief, and which is signed by the declarant before an authorised witness - see Affidavits below. Affidavits need to be verified by oath or by solemn affirmation. Can any Notary 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. What should be in the 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. Skip to main content Important COVID-19 information Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. Statutory Declarations Act 1959: 2 Set out matter declared to in numbered paragraphs. ... Can family members witness a signature? What are my obligations as a witness? It is affirmed by the declarant and not sworn. repeal the Statutory Declarations Regulations 1993 under Schedule 3. Take the original AND a photocopy to an authorised person. Authorised witnesses for statutory declarations Schedule 2 As at 01 Dec 2018 Version 02-e0-02 page 17 Published on www.legislation.wa.gov.au Schedule 2 — Authorised witnesses for statutory declarations [s. 12(6)(a)] Item Formal description Informal description 1. Statutory declarations may be used in some tribunals as a way of giving evidence, however this is rare. Statutory declarations during COVID-19. The practice in this area is, therefore, largely customary. You cannot witness or certify a document for yourself. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. 2 . I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence … Copies of documents can only be certified by a person authorised to witness a statutory declaration. When a person makes a declaration, they are testifying that the contents of the statutory declaration are either: This article explores the difference between these documents and how they are used within the legal system: 1. 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. Feel free to use any or all of it if it fits your needs. The persons who can witness a statutory declaration are prescribed under the Statutory Declarations Regulations 1993 and include police officers, bank officers … STATUTORY DECLARATION . Statutory Authority Form of Jurat Remarks; Section 10 of the Commissioners for Oaths Act, Revised Statutes of Saskatchewan 1978, c. ;C-16, provides: "10(1) Every person holding a commission as an officer in Her Majesty's permanent naval, military or air forces, if he holds the rank … A rubber stamp containing this information may be used. Who can witness the signature? Statutory declarations . 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. 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. 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. There isn’t a specific rule saying family members can’t witness a person’s signature on a legal document, however, it is usually best to avoid it where possible as you can run into other problems. Affidavits (including Family Court documents) can only be witnessed by a Justice of the Peace, legal practitioner, public notary, registrar, clerk of a court or any mining registrar appointed under the Mining Act 1978. Although this gives the form of words to be used, it makes no other prescription as to the formal requirements to be followed. Other members of CILEx may not administer oaths. Anyone can make a statutory declaration under the Statutory Declarations Act 1959, including minors and retirees. make the following declaration under the . 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. 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. 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. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. Saskatchewan. How to Make a Statutory Declaration. 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