Whether you are signing a paper or electronic document, the process to have your document witnessed by video will be similar. a JP or Cdec employed by the Public Trustee, if the Public Trustee prepared the document.a JP or Cdec employed by a law practice that prepared the document.Only a small group of special witnesses can witness affidavits in this way.
You do not have to have your documents witnessed by video-you can still choose to follow the original requirements if you can safely find a witness to sign them in person. You can also sign the affidavit electronically if it is witnessed by a special witness over video. Thanks to a temporary regulation, you can now make an affidavit over video before a special witness. However, physical distancing requirements make it difficult for these documents to be made. Knowingly making a false statement by affidavit is an offence.Īffidavits normally need to be taken and signed in the physical presence of a lawyer, Justice of the Peace (JP), Commissioner for Declarations (Cdec), notary public or conveyancer (see the Oaths Act 1867 for more detail). A person making an affidavit is called a deponent.
When a person swears an oath or makes an affirmation, they are testifying that the contents of the affidavit are either: See the Queensland Legislation website for further details.Īn affidavit is a written statement that is sworn on oath or affirmed before a person who is authorised by law to take (i.e. The Justice and Other Legislation Amendment Act 2021 commenced on 30 April 2022 and replaced the temporary laws with permanent laws. These temporary laws expired on 30 April 2022.
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