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New South Wales

Witnessing statutory declarations and affidavits in New South Wales

A New South Wales statutory declaration or affidavit, witnessed over a video call by an Australian legal practitioner, in about ten minutes. Evenings included.

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From $39 per document, booked or on demand. Sessions run weekdays 12:15pm – 1:30pm and 5:30pm – 9:00pm, Saturdays 9:00am – 6:30pm and Sundays 9:00am – 8:30pm, Brisbane time. Outside those hours you can book ahead.

The law that applies

Statutory declarations made under New South Wales law are made under the Oaths Act 1900 (NSW).

Witnessing by audio-visual link is dealt with directly in section 14G of the Electronic Transactions Act 2000 (NSW). New South Wales addresses the question in its electronic transactions legislation rather than leaving it to the oaths legislation alone. Western Australia, by contrast, has no analogous provision, which is part of why we cannot witness Western Australian documents.

New South Wales has made permanent provision for witnessing by audio-visual link. The provisions generally require the witness to observe the signing in real time, to be satisfied that the document signed is the same document, and to endorse the document with a statement identifying the method of witnessing. The practitioner does all three on the call, and the endorsement is applied before you download the document.

Western Australia and Tasmania are the two jurisdictions that have not legislated to permit witnessing by audio-visual link, so we do not witness documents made under their law. New South Wales is not one of them.

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 yours is one of those, read the Commonwealth guide instead.

Who may witness it

A statutory declaration under the Oaths Act 1900 (NSW) must be made before an authorised witness. That class includes Australian legal practitioners and justices of the peace.

Your document is witnessed by an Australian legal practitioner. A legal practitioner is an authorised witness for statutory declarations and affidavits in every jurisdiction we cover, including when witnessing by audio-visual link.

The witness should also be independent of the document. Somebody with an interest in the outcome is not a suitable choice, even where they hold an appointment that would otherwise qualify them.

Progress claims and supporting statements

A head contractor in New South Wales must serve a supporting statement with a payment claim made to a principal under section 13(7) of the Building and Construction Industry Security of Payment Act 1999 (NSW). Serving a payment claim on a principal without an accompanying supporting statement is an offence.

Separately from the legislation, many head contracts require a statutory declaration in a form set out in an annexure as a precondition to payment. The two are different documents. The supporting statement is signed by an authorised person and is not, by force of the legislation, a statutory declaration. The contractual statutory declaration must be witnessed by somebody within the authorised class.

We have written this up in full, including the errors that come up most often.

Legislation

The Acts referred to above. Where we hold a verified government link we have used it. The rest are cited in full so you can find the current version yourself rather than relying on a copy of it somewhere else.

What we witness, and what we refuse

Statutory Declaration

A written statement you declare to be true. Common for insurance, super, government forms and identity matters.

Affidavit

A sworn or affirmed written statement for use in court or tribunal proceedings.

Contract or Deed

A commercial agreement or deed that needs a witness to its execution. Tell us what it relates to next.

Something else

Bank forms, statements, insurance paperwork, licensing forms and the like. If the practitioner can't witness it, the session ends and you aren't charged.

Documents we will not witness online

Wills & Codicils
We don't witness wills or codicils online. Please see a solicitor or JP in person.
Powers of Attorney
We don't witness powers of attorney online. Please see a solicitor or JP in person.
Health & Advance Care Directives
We don't witness advance health or care directives online. Please see a solicitor or JP in person.
Land Title & Property Registry Forms
We don't witness land title or property registry instruments online. Please see a solicitor or JP in person.

For any of those, see a witness in person. We also witness your signature only. We do not advise you on whether what you have written is correct, or whether the document is the right one for what you are trying to do.

How it works, start to finish

  1. Step 1

    Tell us which law applies

    Pick the state or territory the document is made under, and what kind of document it is. That decides the endorsement the practitioner has to apply.

  2. Step 2

    Go now, or book a time

    On demand connects you to whoever is free, usually within a few minutes. Booking lets you pick a slot, from 30 minutes ahead.

  3. Step 3

    Upload it, and fill it in

    Drag in a PDF, or photograph a paper document with your phone. Complete the blanks on screen, but do not sign anything yet.

  4. Step 4

    Prove who you are

    Photograph the front and back of a physical Australian driver licence, or the photo page of a passport, and take a selfie. The practitioner checks these against you live.

  5. Step 5

    Sign on camera, then download

    The practitioner watches you sign, signs as your witness, and applies the endorsement. You pay afterwards and download the witnessed PDF straight away.

The full walkthrough, including what to do when something goes wrong, is on the support page.

Common questions

Can a NSW statutory declaration be witnessed over a video call?
Yes. Witnessing by audio-visual link is dealt with directly in section 14G of the Electronic Transactions Act 2000 (NSW), and New South Wales has made permanent provision for it. The practitioner observes the signing in real time, is satisfied that the document signed is the same document, and endorses it with a statement identifying the method of witnessing.
Who may witness a NSW statutory declaration?
A statutory declaration under the Oaths Act 1900 (NSW) must be made before an authorised witness. That class includes Australian legal practitioners and justices of the peace. An Australian legal practitioner is an authorised witness in every Australian jurisdiction.
How do I know whether my document is made under New South Wales law?
It is usually the state or territory of the court or government body the document is going to, or the state you live in. It is not necessarily where you happen to be sitting when you sign. If you are not sure, choose the closest option when you start and say so on the call, and the practitioner will confirm it before anything is signed.
Who actually witnesses the document?
An Australian legal practitioner, on a live video call. A legal practitioner is an authorised witness for statutory declarations and affidavits in every jurisdiction we cover. The practitioner confirms who you are and which document you are signing, watches you sign it on screen, and then signs as your witness and adds the witnessing endorsement for your jurisdiction.
What does it cost, and when are you open?
A flat $39 per document, whether you book a slot or connect on demand. Sessions run weekdays 12:15pm – 1:30pm and 5:30pm – 9:00pm, Saturdays 9:00am – 6:30pm and Sundays 9:00am – 8:30pm, Brisbane time, and the earliest you can book is 30 minutes ahead. You pay after the document is witnessed, and there is no charge if it isn't. Not every slot is available, so check the calendar.
What do I need to have ready?
Your document as a PDF or Word file and unsigned, a physical Australian driver licence, Australian passport or foreign passport, a device with a camera and a microphone, and about ten minutes somewhere you can be seen and heard. Do not sign the document beforehand: the signature has to be made while the practitioner is watching.
Which NSW documents will you not witness?
We do not witness wills or codicils, enduring powers of attorney, advance care or health directives, or land title and property registry instruments. For those, see a solicitor or JP in person.

This page is general information about how these documents work. It is not legal advice and is not a substitute for advice on your own circumstances. We witness your signature; we do not advise you on the document.

Other jurisdictions

Western Australia and Tasmania are not covered, because neither state has legislated to permit witnessing by audio-visual link. We have set out the position in each in detail, including the reason a resident of either can still make a Commonwealth statutory declaration by video link.

Need it witnessed today?

An Australian legal practitioner, on a video call, in about ten minutes. You pay after it is done, and there is no charge if we cannot help.

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