Witnessing statutory declarations and affidavits, state by state

The question is not where you are sitting. It is the law your document is made under, which is usually the state or territory of the court or government body it is going to, or the state you live in.

A substantial proportion of statutory declarations are made under Commonwealth law rather than state or territory law, including declarations for federal departments and agencies, Services Australia, the Australian Taxation Office, immigration matters and superannuation. If that describes yours, start with the Commonwealth guide.

If you are still not sure, ask whoever asked you for the document. We can't advise you on which law applies. If the practitioner can't witness your document, there is no charge.

Neither state has legislated to permit witnessing by audio-visual link, so we do not witness documents made under Western Australian or Tasmanian law. Where a document turns out to be one of those, it isn't witnessed and no charge is made. You will need an authorised witness who is physically present.

There is an important exception. A person in Western Australia or Tasmania can still make a Commonwealth statutory declaration by video link, because the relevant question is the law under which the document is made rather than where the person making it is located. If your declaration is a Commonwealth one, we can witness it wherever you are.