From today, an authorised person (JP, solicitor etc) who witnesses a statutory declaration or affidavit in NSW must comply with additional identification procedures set out in the Oaths Act 1900 (NSW) and regulations.
See
The witness must either see the face of the person making the declaration or affidavit or be satisfied there is a special justification for not removing a face covering, like a medical or religious reason. Not removing a motorcycle helmet because the person claims to be in Daft Punk would not be adequate justification.
Identify
The witness must either have known the person for at least 12 months or confirm their identity. This basically requires sighting an original or certified copy of photographic or other identification document, like a passport, driver's license, Medicare card etc.
Certify
Finally, every affidavit or stat dec must now be accompanied with a certificate that these requirements have been complied with. The legislators have been super nice and provided the form for the certificate here.
Any authorised witness that does not comply with the relevant section faces a maximum fine of $220. That's at least a pair of shoes. But doing it wrong won't invalidate the document. Was all this really necessary? We think not, but nobody asked us.
Questions? Give us a call.
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