Further advice on witnessing Statutory Declarations during COVID-19

1. Regulation 4 of the COVID-19 Emergency Response (Section 16) Regulations 2020 applies only to the taking of statutory declarations. It does not make any alteration to the persons or class of persons who may take Affidavits or witness the execution of Enduring Powers of Attorney.

    

2. The regulations do not amend in any way the manner in which statutory declarations are to be taken. Statutory declarations must be taken in accordance with s 25 of the Oaths Act 1936. Section 25 prescribes that the declaration must be taken in the following form:

    

   I, [insert name of declarant] do solemnly and sincerely declare that [content of declaration].

   And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1936.

    

3. Practical information in relation to the witnessing of documents generally, and more particularly regarding the taking of statutory declarations is contained in the Justice of the Peace Handbook (Edition 3.0) which can be found through the Attorney-General’s Department of South Australia website. See pages 19-21 for general information, and pages 60-64 for information specific to the taking of statutory declarations. A copy of the Justice of the Peace Handbook is attached to this email.

    

4. When signing the statutory declaration authorised witnesses should indicate on the form which category of authorised witness they fall into.

    

   For example:

    

   [Signature of witness]

   John Citizen, health practitioner

    

   If a witness falls into more than one category (e.g. Justice of the Peace and permanent employee of a State authority with 5 or more years of continuous service) only one category need be specified.

    

5. It is important to note that the amendments to the class of persons who may take statutory declarations is temporary. The COVID-19 Emergency Response (Section 16) Regulations 2020 will cease to operate at the expiration of s 16 of the COVID-19 Emergency Response Act 2020. That Act will expire on 9 October 2020, unless an earlier date for expiration is fixed by notice in the SA Government Gazette.