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Frequently Asked Questions:

Who can witness an Affidavit?

Under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) (OASD Act), authorised witnesses for affidavits include clerks of court, court registrars, mining registrars and solicitors. Therefore persons seeking someone to witness an affidavit, have the option of having an affidavit witnessed by a solicitor or a registrar at a court.

Note: an appointment needs to be made with the solicitor/registrar first.

Are you having difficulty having a Family Court affidavit witnessed?

If you are having difficulty having a Family Court affidavit witnessed, contact the Family Court call centre on 9224 8222 for further assistance.

How can I get a Statutory Declaration signed?

Schedule 2 of the OASD Act, provides a list of occupational groups authorised to witnesses statutory declarations.

In addition, section 12 of the OASD authorises any person who can witness a statutory declaration under the Schedule 2 of the Statutory Declarations Regulations 2018 (Commonwealth). Accordingly, the Commonwealth legislation further expands the list of persons who can witness a statutory declaration.

Commonwealth/State Public Servants and permanent employees of a local government authority with five years continuous service are authorised to witness statutory declarations. Thus from a pragmatic perspective, it may be preferable for statutory declarations from a government authority, to be “witnessed by an authorised person in the government authority that administers the statutory declaration”.

What about getting certified copies?

There is no generic legislation authorising who can certify a copy, however, by convention anyone authorised to witness a statutory declaration is generally accepted.

Accordingly, if a certified copy is requested by a Government authority, unless a specific law states otherwise, such certifications may be referred to the Government authority that requires the certified copy.

Who can authorise my overseas documents?

In WA a Notary Public is a responsible person appointed by a Superior Court of WA to witness as a third party the signing of important documents, to administer oaths and witness Statutory Declarations and to certify true and correct, copies of original documents both for national and international purposes.

Generally, any document for use overseas must be witnessed, legalised or authenticated by a Notary Public.

Foreign governments or businesses usually require Australian notarised documents, as well as other Australian public documents, to be either "apostilled" by the Australian government, or "legalised" by their Embassies or Consulates in Australia.

Can a JP witness my Will?

There is no legislation that provides authority for a JP to witness a will.

Wills are witnessed by two persons over the age of 18 years, who are competent and not a beneficiary to a will. Accordingly, if a JP chooses to witness a will, it is in the capacity of an ordinary person and not as a JP.

Further, to avoid difficulties when dealing with probate on the death of the testator to a Will, there are compelling reasons that a witness to a Will should be a person who is likely to survive the maker of the Will. In these circumstances, this consideration by a person making a Will is particularly relevant when having a Will witnessed.