Signing of Affidavits in Victoria

There is a new Oaths and Declarations Act which started on 1 March 2019.

PDF Version available
here.
Please be aware of the requirements when signing Affidavits or Declarations and the requirements for witnessing them.

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The witnessing of Affidavits in Victoria can be completed by the following:

(a)     a judicial officer;
(b)     an associate to a judicial officer;
(c)     an honorary justice;
(d)     the prothonotary or a deputy prothonotary of the Supreme Court;
(e)     the registrar of probates or an assistant registrar of probates;
(f)     the registrar or a deputy registrar of the County Court;
(g)     the principal registrar, a registrar or a deputy registrar of the Magistrates’ Court;
(h)     the principal registrar, a registrar or a deputy registrar of the Children’s Court;
(i)     the principal registrar, deputy registrar or a registrar of VCAT;
(j)     the principal registrar or a registrar of the Coroners Court;
(k)     a member of VCAT;
(l)     a member or former member of either House of the Parliament of Victoria;
(m)    a member or former member of either House of the Parliament of the Commonwealth;
(n)     a public notary;
(o)     an Australian legal practitioner;
(p)     a police officer of or above the rank of sergeant or for the time being in charge of a police station;
(q)     a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification;
(r)     a senior officer of a Council as defined in the Local Government Act 1989 ;
(s)     a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;
(t)     a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928;
(u)     a person acting judicially;
(v)     any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits;
(w)     any prescribed person or person who is a member of a prescribed class of persons.

(Reference: http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/oaaa2018214/s19.html)

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