Who can witness a Statutory Declaration in South Australia?

As of 1 December 2021, the following persons can witness a statutory declaration in South Australia under the Oaths Act 1936 (SA):

• A Commissioner for taking affidavits in the Supreme Court;
• A person who is registered as a conveyancer under the Conveyancers Act 1994;
• 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 of South Australia;
• An agent of the Australian Postal Corporation in charge of an office supplying postal services to the public;
• An Australian Consular Officer or an Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth;
• A bailiff;
• A bank officer who has 5 or more continuous years of service;
• A building society officer who has 5 or more years of continuous service;
• A chief executive officer of a Commonwealth court;
• A clerk of a court;
• A credit union officer who has 5 or more years of continuous service;
• An employee of the Australian Trade and Investment Commission who is:
  • in a country or place outside Australia;
  • authorised under paragraph 3(d) of the Consular Fees Act 1955 of the Commonwealth; and
  • exercising their function in that place:
  • in a country or place outside Australia;
  • authorised under paragraph 3(c) of the Consular Fees Act 1955 of the Commonwealth; and
  • exercising their function in that place;
  • an officer; or
  • a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth who has 5 or more years of continuous service; or
  • a warrant officer within the meaning of the Defence Force Discipline Act of the Commonwealth;
  • the Parliament of the Commonwealth; or
  • the Parliament of a State; or
  • a Territory legislature; or
  • a local government authority of a State or Territory;
  • the Commonwealth or a Commonwealth authority; or
  • a State or Territory or a State or Territory authority; or
  • a local government authority; and
  • with 5 or more years of continuous service who are not specified in another item in this list.
  • the Commonwealth or a Commonwealth authority; or
  • a State or Territory or a State or Territory authority;

  This is a much broader group of persons compared to those who can witness an affidavit in SA.

  While we think it is a good idea to have an expansive list of persons who can witness a statutory declaration, unfortunately not all persons who fall within these categories actually know what they are doing when it comes to performing this role.

  Furthermore, many of these people are not set up to maintain records of their role in this process, so if the document is ever queried in the future, they are just a name on a sheet of paper. The purpose of having a witness is to provide independent evidence of the due execution of the document if this is queried in the future.

  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 – 7 September 2023.

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