Can A Statutory Declaration Be Signed By A Family Member?

Are statutory declarations legally binding?

A statutory declaration is a legal document which permits the making of a binding statement of fact without recourse to an oath or affidavit.

The Oaths Act 1900 (NSW) regulates the use of statutory declarations in New South Wales..

What must a JP do before witnessing a statutory declaration?

Before witnessing any statutory declaration, you must be satisfied that the declarant understands the purpose, effect and contents of the statutory declaration. If the declarant does not speak English, you should use an interpreter to communicate with the declarant during the step- by-step procedure in this section.

What happens if you lie on a statutory declaration?

Penalties for lying can be far more than a fine, a few demerit points, or even a loss of licence. Going to court for lying in a statutory declaration can be a stressful and expensive experience. It is punishable by up to five years in prison, according to the NSW Oaths Act.

Who can sign statutory declaration?

A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace, a lawyer or a notary public. A NSW statutory declaration is made under the Oaths Act 1900.

What must a JP do before witnessing an affidavit?

Before witnessing any statutory declaration, you must be satisfied that the declarant understands the purpose, effect and contents of the statutory declaration. If the declarant does not speak English, you should use an interpreter to communicate with the declarant during the step- by-step procedure in this section.

When must a JP notify the Department of Justice?

Under the Code of Conduct for JPs, you are required to notify the Department of Justice if your name has changed. You should not perform JP services in your new name until you have received written confirmation from the Department of your change of name notification.

How long is a JP signature valid?

No don’t think theres an expiry date, as long as a JP certify a document as a true copy it will be just that.

What is the difference between an affidavit and a statutory declaration?

Difference between a statutory declaration and an affidavit A statutory declaration and an affidavit are both written statements of fact. However, an affidavit is used as evidence in court. You confirm it by oath or affirmation. If you need an affidavit, contact the court involved in your legal matter.

What is a statutory requirement?

Statutory Requirement means a requirement imposed by provision made by or under an enactment.

Can a JP sign a document for a family member?

It is not advisable for you to witness or certify a document for a member of your family. This is because of the potential for an actual or perceived conflict of interest (see Section 4.3.

Who else can sign instead of a JP?

An accountant (member of a recognised professional accounting body or a Registered Tax Agent). A person listed on the roll of the Supreme Court of a State or Territory or the High Court of Australia as a legal practitioner. A barrister, solicitor or patent attorney.

What is an example of a declaration?

The act or process of declaring. The definition of a declaration is a formal announcement. An example of a declaration is a government’s statement about a new law. A statement made in connection with a case or legal matter, or intended to have a formal status or effect.

Can a signature witness be a relative?

Is a spouse or other family member acceptable to act as a witness? Generally the person you choose to witness a document should have no financial or other interest in an agreement. A neutral third party is the best choice. … Most documents and contracts do NOT require a witness for them to be legally valid.

How do I write a statutory declaration?

Your statutory declaration should contain:your full name.your address.your occupation.a statement that you “do solemnly and sincerely declare”the things you say are true.

A person who suffers loss or damage because a JP did not take reasonable care may have cause to take legal action against the JP. An example of such a case is outlined in Section 4.3.