Important changes
The Oaths and Affirmations Act 2018 makes a number of important changes to the law in Victoria, including:
- expanding the list of authorised witnesses in Victoria to be consistent with the Commonwealth
- revising standard forms for statutory declarations and affidavits which include instructional guidance
- simplifying language for deponents when making declarations/oaths or affirmations
- providing for ‘reasonable modifications’ for people with disabilities (s 15)
- clarifying the involvement of people who assist a person to make a statutory declaration (s 32)
- modifying approaches for illiterate, blind or cognitively impaired persons completing affidavits (s 28) and statutory declarations (s 3(c)).
Guidance is available
To assist authorised witnesses, guidance materials are available on the Department of Justice and Community Safety (DJCS):
- information for authorised statutory declaration witnesses (External link)
- how to make certified copies of original documents (External link)
- how to take an affidavit (External link)
- Frequently Asked Questions for the general public about oaths and affirmations (External link)
Downloadable resources
You can download and use the following resources. Over time, HJSS will add information and resources in response to your queries.
- Frequently Asked Questions for the general public
- Frequently Asked Questions for honorary justices (PDF)
- A5 Declarations/Oaths and Affirmations resource (PDF)
- certificate template for exhibits for statutory declarations (Word document)
- affidavit form (Word document)
- Justice of the Peace Handbook (PDF)
- Honorary Justices code of conduct (PDF)
- Keeping the Peace - A History of Honorary Justices in Victoria
- statutory declaration form (Word document) - see note below
Please note that a transitional period from 1 March 2019 to 31 December 2019 is in place. If older versions of the statutory declaration form are used, and if the authorised witness was listed under the Evidence Miscellaneous Provisions) Act 1958 to witness that document, the process will be valid only during this period.
COVID-19 remote witnessing and signing resources
- Justice of the Peace Handbook Addendum COVID-19 Regulations (PDF)
- Remote signing/witnessing - Frequently Asked Questions
Certificates of Currency
- Combined Liability - Professional Indemnity Certificate of Currency
- Combined Liability - Public & Products Liability Certificate of Currency
- Group Personal Accident Certificate of Currency
- Group Personal Accident Policy Schedule
Guidelines