Sometimes you’ll come across a situation that’s a little different — and you’re not quite sure how to handle it. That’s when our Frequently Asked Questions (FAQ) section can help. It offers practical answers and insights from experienced authorised witnesses to guide you through those tricky or unfamiliar moments.
Have a question that’s not covered, or facing something truly unique? Click the button below to Ask a Question — we're here to help.
A: It is expected that you perform this service for free. However, a fee may be charged in circumstances if you are a lawyer or providing this service as a part of your profession while at work.
A: No, documents written in a language other than English generally cannot be used for legal purposes in Australia unless they include the following attachments:
– an English translation
– an affidavit by the translator stating that the translation is an accurate translation of the document in the original language.
A: Yes, if the document specifies that you are allowed or authorised to do so. If in doubt, it’s advisable to confirm the conditions specified in the document.
A: It is not unlawful to do so, however consideration should be given as to the possibility of actual or perceived ‘conflict of interest’.
A: No, civil celebrants are authorised.
A: No specific colour is stated, but it is recommended you using blue or black. Unless otherwise stated as a requirement in instructions accompanying the document.
A: Cross out the signature and initial, then re-sign and date the document as usual.
A: Generally yes, unless all you are doing is certifying a true copy of a document.
A: No, refer them back to the issuing authority to look at options for them to sign.
A: No, if it says a Public Notary, then a Public Notary is required.
A: Yes, just make sure that you are sure of what is required and that the receiving authority will accept you as a witness, e.g. signed in my presence for clarification and that you understand what is written. Many of these documents are bilingual (including English).
A: Yes, as the focus is the documents and not the person bringing them in to be witnessed.
A: The requirement for witnessing an Australian passport application rests with how long you have known the person. In this context, you would be signing as an adult who has known the person, not as an authorised witness. Where another country’s passport is involved, you would need to check that countries guidelines.
A: Yes, if you can verify that the documents appear to be from an original electronic source or authority if you can view the original on the issuing authority website.
A: Yes, as long as you can satisfy yourself that the original document is authentic and you witnessed the copy being made on a photocopier.
A: Yes, as long as the child satisfies you that they understand the declaration and the need to tell the truth.
A: Not necessarily. The Statutory Declaration form must contain the words; Statutory Declaration, the declarant's name, address, their statement of fact, it must specify the act under which the declaration is made, and include the place, date, and signature of the declarant.
A: There is a standard form specified by the court that the affidavit is to be lodged.
However, a standard format is used by legal practitioners who are most often contracted to compile an affidavit.
A: No. However you may help a person to understand what they need to do to complete the form, and then note on it the type or level of help provided.
A: Yes it is a requirement under the legislation.
A: You tell the client the choice is theirs and theirs alone and that you can’t choose for them under the legislation. You may explain the the client the difference between the two.
A: In certain jurisdictions Statutory Declarations can be witnessed remotely by an authorised witness. Verify beforehand that you are authorised to witness the document remotely.
A: In South Australia, Advance Care Directives (ACD) can be witnessed by an authorised witness. Read the ACD to see the list of authorised witnesses.