Who can witness an affidavit in South Australia?

Migration

The question of who can ‘witness an affidavit’ in South Australia comes up quite often, not only in the context of litigation, but also in relation to such things as witnessing an Enduring Power of Attorney.

An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court.

As from 1 December 2021, in South Australia, an affidavit can be witnessed by:

  • A Commissioner for taking Affidavits in the Supreme Court;
  • A Justice of the Peace;
  • A police officer, other than a police officer who is a probationary constable;
  • Persons admitted and enrolled as a notary public of the Supreme Court; and
  • Any person empowered, authorised or permitted by or under any Act or rules of a court or tribunal to take affidavits.

A Commissioner for taking Affidavits is:

  • Proclaimed members of the police force (member of the police force appointed under Part 5 of the Oaths Act 1936);
  • Justices and Masters of the Supreme Court or the District Court;
  • Magistrates;
  • Registrars and Deputy Registrars of the Supreme Court, the District Court, the Environment, Resources and Development Court, the Industrial Relations Court, the Youth Court and the Magistrates Court; and
  • All persons on the roll of practitioners of the Supreme Court (except any such person whose right to practise the profession of law is under suspension by virtue of disciplinary action taken against him).

This is a narrower group of persons compared to those who can witness ‘Statutory Declarations’ (which includes bank managers etc.).

Please call us on 1300 654 590 or email us.if you would like to discuss the proper execution of your documents.

Click here to find out more about how we can help you with your Estate Planning needs.

The information contained in this post is current at the date of editing – 16 March 2023

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