Witnessing documents by audio-visual link
Witnessing by video link is permanently authorised in most of Australia and authorised nowhere in two states. The patchwork is a direct legacy of how each jurisdiction handled 2020, and it has not been tidied up since.
Before 2020, witnessing meant physical presence everywhere in Australia. The emergency measures introduced that year permitted witnessing by audio-visual link, and what happened next diverged sharply: some jurisdictions made the change permanent, some allowed it to lapse, and two never authorised it at all.
The result is that the answer to "can this be witnessed over video?" depends entirely on which law the document is made under. A Commonwealth statutory declaration can be witnessed by video link from anywhere, including from Perth or Hobart, because the Statutory Declarations Act 1959 (Cth) permits it and contains no geographic limitation. A Western Australian statutory declaration cannot be, because the Western Australian Act requires the declaration to be made in the presence of the witness.
Where it is authorised, it is not simply a matter of holding a video call. The statutes prescribe a sequence: observe the signing in real time, be satisfied the document signed is the same document, sign the document or a copy, and endorse it with a statement specifying the method used. Each of those steps is a requirement, and the endorsement in particular is frequently omitted.
These articles set out the position jurisdiction by jurisdiction, what the witness must do and write, which documents remain outside the regime entirely, and what options exist where remote witnessing is not available.
Articles in this guide
Remote witnessing in Australia: where video link works and where it doesn’t
Witnessing by audio-visual link is permanently authorised in most of Australia and authorised nowhere in two states. The state-by-state position, what the witness must actually do, and which documents remain outside the regime.
Read articleWhy we can't witness WA or Tasmanian documents online
Every other Australian jurisdiction has authorised witnessing by video link. Western Australia and Tasmania have not. Here is exactly why - and the important exception that means WA and Tasmanian residents can still be served.
Read articleThe law where your document is made
Which law your document is made under decides its form, who may witness it, and whether it can be witnessed by video link.
Need a document witnessed?
An Australian legal practitioner, on a video call, in about ten minutes. Evenings and weekends included.