Justice
of the Peace
Handbook
… I will do right to all manner of people, after the laws
and usages of the State of New South Wales, without
fear or favour, aection, or ill-will.
Extract from the Oaths of Oce for appointment as a Justice of the
Peace in NSW
© State of New South Wales through the Department of Communities
and Justice, revised 2021. You may copy, distribute, display, download
and otherwise freely deal with this work for any purpose, as long as you
attribute the Department of Communities and Justice as the owner.
However, you must obtain permission if you wish to (a) charge others for
access to the work (other than at cost), (b) include the work in advertising
or a product for sale, or (c) modify the work.
This document has been prepared by the Department of Communities and
Justice. It sets out the guidelines issued by the Minister under section 8(2)
of the Justices of the Peace Act 2002
. While every care has been taken
in relation to its accuracy, no warranty is given or implied. This document
contains guidelines only and does not form legal advice. Individuals making
a decision about their legal rights and obligations about matters addressed
in this document should seek their own independent advice and should not
rely on this document to make a decision. The Department of Communities
and Justice does not endorse or take responsibility for the contents of any
publications that are referred to in this document which are not produced
by the Department of Communities and Justice.
This document is available as a PDF on the website www.jp.nsw.gov.au
and can be provided in alternative formats such as braille and large print.
For alternative formats contact: Appointment and Applications, Department
of Communities and Justice, phone (02) 8688 0500, TTY (02) 8688 7733 (for
people who are deaf or have a speech impairment), email jp@dcj.nsw.gov.au
You may freely deal with this work for any purpose other than profit.
For more information email jp@dcj.nsw.gov.au or phone (02) 8688 0500
or visit www.jp.nsw.gov.au
Issued under the Justices of the Peace Regulation 2020.
ISBN 978-1-922121-76-9
“We acknowledge the traditional owners of Country throughout
NSW. We would like to pay our respects to the Elder’s past, present
and pay our respects to all Aboriginal people.”
1 Introduction 3
1.1 Your functions as a Justice of the Peace 4
1.2 Your obligations as a Justice of the Peace 6
1.3 Available support and information 8
1.4 Frequently asked questions: about your authority as a JP 9
2 Performing your functions as a Justice of the Peace 11
2.1 Witnessing a statutory declaration 12
A) Remote witnessing over an audio/visual link 14
2.2 Witnessing an adavit 32
B) Remote witnessing over an audio/visual link 34
2.3 Certifying a copy of an original document 52
2.4 Performing other functions of a JP 63
2.5 Providing services to people from culturally and
linguistically diverse backgrounds 70
2.6 Providing services to people with disabilities 91
2.7 Frequently asked questions: about providing JP services 94
3 Important information about your appointment 101
3.1 Justices of the Peace register 102
3.2 Keeping your details up to date: using JP Online 102
3.3 Your term of appointment 105
3.4 Code of Conduct for Justices of the Peace 106
3.5 Complaints about JPs and reviews of JP appointments 107
3.6 When your appointment as a JP ends 108
3.7 Frequently asked questions: about your appointment 109
4 Appendices 111
5 Code of Conduct for Justices of the Peace 123
6 Contacting the NSW Department of Communities
and Justice 127
Contents 1
2
About this handbook
This handbook is for Justices of the Peace (JPs) in New South Wales (NSW).
It has been written to help you understand and perform the functions of
a JP. The handbook also explains other obligations, such as keeping your
registration details up to date, and following the JP Code of Conduct.
This handbook sets out the guidelines issued by the Attorney General of NSW
for the Justices of the Peace Act 2002 (section 8).
Using this handbook
Read this handbook before performing any functions as a JP.
Follow the procedures and other guidance in this handbook when
performing your JP functions. They have been developed to help you
comply with the basic requirements of your JP functions, including any
duty of care (see Section 1.2 on page 6).
The procedures use imperative language (such as ‘you must’ or ‘you must
not’) to show when a particular step is mandatory (compulsory). They
are mandatory because there is a legal requirement. If you are unable to
complete a mandatory step, you must decline to witness or certify the
document.
This handbook only provides general guidance and does not contain legal
advice. Seek advice if you are unsure about exercising a function generally,
or in a particular case (see Section 1.3 on page 8 about the support and
information available to JPs in NSW).
An index of key words used in this handbook is on page 120. Page numbers
in the index are in bold to show that a definition of the word can be found
on that page.
Some frequently asked questions have been included with their relevant
topics. You can access a full list of frequently asked questions and page
references in Appendix D on pages 118-119.
Updates and latest news
This handbook was revised in 2022. Visit www.jp.nsw.gov.au
for the latest information and any relevant updates.
Justice of the Peace Handbook
3Introduc tion
1 Introduction
Thank you for serving the people of NSW as a JP.
The Attorney General of NSW acknowledges and
sincerely appreciates the important contribution
of JPs who volunteer their services to the
community.
In this section:
1.1 Your functions as a Justice of Peace
1.2 Your obligations as a Justice of the Peace
1.3 Available support and information
1.4 Frequently asked questions: about your authority as a JP
1.1 Your functions as a Justice of the Peace
JPs have three primary functions:
• witness a statutory declaration;
• witness an adavit; and
• certify a copy of an original document.
As a JP, you can perform these functions once you have taken the oath
of oce. Remember that it is an oence, punishable by imprisonment,
to exercise certain JP functions when not authorised to do so.
You must be physically present in NSW to exercise your functions as a JP
unless you are delivering JP functions via audio-visual link (see page 14).
Witness a statutory declaration or adavit
The law allows certain people, including JPs, to perform these functions.
This is so an individual can arrange for independent verification that they
have signed a document under oath or armation. These documents can
be important for courts, government agencies or other organisations that
rely on the information provided.
Witnessing a statutory declaration or adavit involves three key steps:
1. An individual declares under oath or armation that a document is true
and correct in front of a JP
2. The JP verifies their identity
3. The JP then witnesses the person’s signature on the document
Detailed step-by-step procedures are outlined in:
• Section 2.1 from page 12 for statutory declarations
• Section 2.2 from page 32 for adavits
Certify a copy of an original document
Another common function is to certify a copy of an original document.
Before certifying, a JP must be satisfied that it is a true and accurate copy
of the original. Certified copies can be useful for organisations that need
to rely on the information contained in the document. It also means that
people won’t need to submit their important original documents like birth
certificates or academic qualifications.
Detailed step-by-step procedures are outlined in Section 2.3 from page 52.
Justice of the Peace Handbook 4
Other JP functions
NSW JPs have other functions covered by dierent NSW Acts. However,
you would only be required to perform these functions on rare occasions.
They include witnessing other types of legal documents and administering
special kinds of oaths.
It is important to note that JPs are sometimes asked to perform tasks
which are not JP functions. If a function is not referred to by a NSW Act
or Regulation, you are not delivering this function in your capacity as a JP.
It is not possible for this handbook to list every other function of a JP.
However, a guideline on how to approach this is included in Section 2.4
from page 63.
Defnition: What does a requirement to be ‘satisfed’
mean?
In legal terms, when legislation requires a person to be
‘satisfied’ of a particular matter or fact, this means that the
person must be persuaded of its occurrence or existence.
The degree of certainty will depend on the nature and
consequence of the fact (or facts) to be proved.
For a JP, to be satisfied will depend on the context. This
includes the purpose and eect of the document, and the
importance of the relevant law.
Guidance about how a JP may be satisfied that a person
has a ‘legitimate medical reason’ to keep wearing their face
covering is included in Section 2.1 on page 39.
If you are unsure about a particular situation, seek advice
(see Section 1.4 on page 9).
Introduction
1.1 Your functions as a Justice of Peace
Introduc tion 5
1.2 Your obligations as a Justice of the Peace
Your appointment as a JP means you are trusted to be honest and careful,
every time you carry out your functions as a JP.
You must understand how to carry out each function of a JP correctly. To
help you in your role, read this handbook and refer to it regularly. The step-
by-step procedures for the functions of a JP are detailed in Section 2 of
this handbook, from page 15.
It is recommended that you use a similar procedure every time you
exercise a particular JP function. This may help if you are later asked about
a specific document which you witnessed or certified. For example, you
may be asked to give evidence in court about a document. You may not
be able to remember every document you have witnessed. But if you
use a similar procedure every time, you can truthfully describe how you
usually witness such a document, even if you cannot remember the specific
document in question.
Duty of care
You have a duty of care whenever you perform a JP function, for every
document you witness or certify. This means you have a legal obligation
to take reasonable care to avoid causing harm to another person through
your actions or omissions.
A person who suers loss or damage because a JP did not take reasonable
care may have cause to take legal action against the JP.
To fulfil any duty of care you must:
• complete the steps that are required by law, honestly and carefully.
This includes following any instructions in the document and, for
adavits and statutory declarations, certifying that you have confirmed
the person’s identity; and
• take any extra steps which are reasonable in the circumstances.
This might include seeking advice if you are unsure about what you are
required to do, or confirming the person’s identity before witnessing
documents concerning significant transactions (even if there is no
specific requirement to do so).
This handbook has been developed to help you meet your duty of care.
However, it only provides general guidance and does not contain legal
advice. If you are unsure about a particular situation, seek appropriate
advice. See Section 1.3 on page 8 for support and information available
to JPs in NSW.
Justice of the Peace Handbook 6
Example: court finding that a JP owed a ‘duty of care’
In 2001, Mr G, a NSW JP, testified to witnessing Mrs H’s
signature on a statutory declaration for a mortgage
document. Unfortunately, Mr G did not actually see Mrs H sign
the document, and in fact had never even met her. It turned
out that Mrs H’s husband had forged her signature on the
statutory declaration.
The District Court determined that Mr G owed Mrs H a duty
of care to act honestly when performing his function of
witnessing her signature on the document.
Because Mr G had attested to Mrs H’s signature without
seeing her sign the documents (and without Mrs H even being
present), the District Court found that Mr G had breached
his duty of care. As a result, Mr G was liable for part of the
financial loss caused to Mrs H by the fraudulent mortgage
document. Mr G was ordered to pay Mrs H $54,591.86 in
damages.
Code of Conduct
Your appointment as a JP is subject to the Code of Conduct for Justices
of the Peace in NSW. The Code of Conduct explains the acceptable
standards of conduct for JPs. Your appointment as a JP may be reviewed
if you fail to comply. The Code of Conduct is included in Section 5 on
page 123. It is also available at www.jp.nsw.gov.au
Conflicts of interest
You should avoid performing any JP functions where there may be an
actual or perceived conflict of interest. More information is available in
FAQ 3 ‘What is a conflict of interest, and how should I avoid one?’ on
page 10.
Introduction
1.2 Your obligations as a Justice of the Peace
Introduc tion 7
1.3 Available support and information
Alongside this handbook, the Department of Communities and Justice
(the Department) provides the following information and support for JPs.
JP Online
JP Online is a web portal for all JPs (and prospective JPs) to manage
your registration. It is a quick and easy way for JPs to keep the Department
notified of changes in your circumstances, and check public registration
details.
JP Online allows you to:
• check your JP registration number and expiry date;
• apply for reappointment;
• submit changes in circumstances;
• update public register details (like address or phone contact); and
• order the JP handbook and certificate.
More information about how to use JP Online is in Section 3.2, on page 102.
JP website
All up-to-date information is published at www.jp.nsw.gov.au
This includes news, policies and procedural advice.
JP email
Email queries can be directed to jp@dcj.nsw.gov.au We aim
to respond to email enquiries within five working days.
JP Infoline (02) 8688 0500
JPs can contact the JP Infoline between 8:30–11.30am and
1:30–3:30pm, Monday to Friday. There is recorded information
if you ring outside of these hours.
JP News
JP News is the ocial newsletter sent to all JPs by email.
It provides updates on changes to policies and procedural
advice, and news relevant to JPs. Let the Department know
of any changes to your email address to receive the latest
news and updates.
Justice of the Peace Handbook 8
Legislation online
In addition, the NSW Government publishes legislation online at
www.legislation.nsw.gov.au Use this website to check the details of
a NSW Act or Regulation about JP functions. Do not rely on any other
websites to check legislation, as they do not have the ocial versions of
NSW Acts and Regulations, and may not be up to date.
If you or another person needs legal advice, legal information or other legal
support, refer to FAQ 2 ‘What if a person asks me for legal advice?’ on
page 9.
1.4 Frequently asked questions: about your
authority as a JP
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook,
see Appendix D: list of frequently asked questions .
FAQ 1. Where do I get my authority to perform the role of JP?
NSW JPs are appointed by the Governor of NSW under the Justices of the
Peace Act 2002 (NSW).
The functions and authority of a JP are set out in:
• section 8 of the Justices of the Peace Act 2002, which gives JPs the
authority to exercise functions conferred by or under the Act; and
• sections 21 and 26 of the Oaths Act 1900 (NSW).
You must be physically present in NSW to exercise your functions as a JP
except in certain circumstances when you are delivering JP functions via
audio-visual link (see page 14).
FAQ 2. What if a person asks me for legal advice?
You must never give legal advice in your capacity as a JP, even if you have
legal knowledge. If a JP provides legal advice, the JP may be in breach of
clause 4(5) of the Code of Conduct for JPs in NSW.
If a person relies on any legal advice provided by a JP and suers loss or
damage as a result, a court might find the JP breached their duty of care.
Unless the JP is an Australian legal practitioner, the JP will be committing
an oence under section 14(1) of the Legal Profession Act 2004 (NSW).
If you are asked for legal advice, you can refer people to LawAccess NSW
www.lawaccess.nsw.gov.au
LawAccess NSW is a free government
telephone service that provides legal information, referrals and in some
cases, advice for people who have a legal problem in NSW. LawAccess
NSW can be contacted on 1300 888 529 (for the cost of a telephone call),
Monday to Friday during business hours.
Introduction
1.3 Available support and information | 1.4 Frequently asked questions: about your authority as a JP
Introduc tion 9
FAQ 3. What is a conflict of interest, and how should I avoid one?
A conflict of interest occurs when a person tries to serve two or more
interests that are not compatible. JPs should avoid any potential conflicts
of interest. This includes whether it is an ‘actual’ or merely ‘perceived’
conflict.
Your duty as a JP is to be an independent and impartial witness or certifier
of documents. The community, the courts and government agencies have
an interest in JPs performing those functions impartially (without bias). This
is why JPs take an oath of oce, promising to undertake the role ‘without
fear or favour, aection or ill-will’.
An actual conflict of interest occurs when you (or your colleague, business
partner or other companion) may expect to benefit in some way as a result
of delivering a JP function.
Perceived conflicts of interest may still exist where your actions may be
seen as delivering some benefit by a third party.
The existence of either an actual or perceived conflict of interest can lead
to rejection of the document you have witnessed or certified. This can
undermine public confidence in the impartiality and integrity of JPs. In
some circumstances, it could also lead to the review of your appointment
as a JP.
If the document is part of a process that will lead (or might reasonably be
expected to lead) to any income or benefit, you must not certify or witness
the document. This includes if you – as well as your colleague, associate or
companion – might expect to obtain a commission, bonus or any income or
benefit that you would not ordinarily receive. Instead, refer the document
to another JP.
Examples of conflicts of interest
Examples include if:
• you or your associate* are involved in the court
proceedings where the document will be used;
• you or your associate stand to benefit from the transaction
to which the document relates;
• the document is about you or your associate; or
• the document contains confidential information that is
capable of assisting you or your associate (for example,
in your business).
Do not deliver any JP functions where they may pose a
conflict of interest (perceived or actual).
*The term associate here includes your colleague, business
partner, or companion.
Justice of the Peace Handbook 10
11Performing your functions as a Justice of the Peace
2 Performing your functions
as a Justice of the Peace
This section details the most commonly exercised
functions of a Justice of the Peace. It includes
step-by-step procedures for key JP functions.
In this section:
2.1 Witnessing a statutory declaration
2.2 Witnessing an adavit
2.3 Certifying a copy of an original document
2.4 Performing other functions of a JP
2.5 Providing services to people from culturally and linguistically
diverse backgrounds
2.5.1 Witnessing a statutory declaration of a person who does not
speak English
2.5.2 Witnessing an adavit of a person who does not speak English
2.6 Providing services to people with disabilities
2.7 Frequently asked questions: about providing JP services
2.1 Witnessing a statutory declaration
What is it? A statutory declaration is a written statement which
a person declares to be true in the presence of an
authorised witness. Some organisations ask for
information to be provided in a statutory declaration.
A person who makes a statutory declaration is called
the declarant.
The section at the end of the declaration, where the
declarant and the witness both sign, is called the jurat.
It is also referred to as a ‘signature panel’ throughout
this handbook.
The law that governs the making of a NSW statutory
declaration for general purposes in NSW is the
Oaths Act 1900 (NSW).
Other Australian states and territories and the
Commonwealth of Australia have their own laws
which govern statutory declarations.
What can I
witness?
You may witness a statutory declaration that is made
for use in:
• NSW;
• any other Australian state or territory; and
• the Commonwealth of Australia.
The statutory declaration must be signed and witnessed
in NSW, except in certain circumstances when you are
delivering JP functions via audio-visual link (see page 14).
What can’t
I witness?
Some examples of documents that you shouldn’t witness
include:
• declarations written in a language other than English;
• declarations that refer to an annexure, where that
document has not been provided.
Note: this is not a full list. If you are unsure about a
document, please seek advice (see Section 1.3 Available
support and information on page 8).
Justice of the Peace Handbook 12
Where can
I witness?
You can only witness a statutory declaration when both
you and the declarant are physically present together
in NSW, except in certain circumstances when you are
delivering JP functions via audio-visual link (see page 14).
You must see the declarant sign the statutory
declaration in front of you. Never witness a signature
that was already on the statutory declaration when it
was brought to you.
Oences
and
penalties
It is an oence, and penalties apply, for:
• a person who makes a false declaration;
• a person who witnesses a statutory declaration when
not authorised by law to do so; and
• an authorised witness in NSW who witnesses a
statutory declaration and fails to follow the required
steps for identifying the declarant (Step 2, Step 3 and
Step 11 of this procedure).
If the client
does not
speak
English
If the client does not speak English and requires
an interpreter, follow the procedures outlined in
Section 2.5.1 on page 70.
Still
unsure?
If you are unsure about what to do when witnessing a
statutory declaration, seek advice (see Section 2.1 on
page 12).
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 13
2.1.1 Remote witnessing over an audio/visual
link (AVL)
The Electronic Transactions Act
1
was amended in 2021 to enable remote
witnessing of documents. The JP may witness statutory declarations and
adavits remotely in accordance with this Act.
This imposes several requirements on JPs, including that:
• The JP must see the signatory signing the document in real time over
the audio-visual link;
• The JP must sign the document, or an exact copy of the document,
signed by the signatory as evidence that they witnessed the signature;
• The JP must be reasonably satisfied that the document they sign is the
same document, or a copy of the document, signed by the signatory.
The remote witnessing scheme allows a NSW JP to remotely witness
a statutory declaration or an adavit for a person located outside of
NSW over a video link. And, the JP may also be outside of NSW at the
time of witnessing a statutory declaration or adavit provided that:
2
• the document is required to be signed under a NSW Act or law or,
• the governing laws for the document are the laws of NSW.
1 See Electronic Transactions Amendment (Remote Witnessing) Bill 2021.
2 See Section 14i and 14j of the Electronic Transactions Amendment (Remote
Witnessing) Bill 2021 [NSW].
Justice of the Peace Handbook 14
QUICK REFERENCE:
Witnessing a statutory declaration
STEP 1 Check the document is a statutory declaration
STEP 2 See the client’s face
STEP 3 Confirm the client’s identity
STEP 4 Look for any blank spaces or alterations
STEP 5 Look for any annexures (and make sure they have been
appropriately referred to)
STEP 6 Check that the client understands the purpose, eect and
contents of the statutory declaration
STEP 7 Warn the client about their responsibilities
STEP 8 Ask the client to declare the contents are true and correct
STEP 9 Watch the client sign the statutory declaration in front of you
STEP 10 Sign and print your full name, JP registration number and
other details
STEP 11 Certify identity requirements have been met
STEP 12 Complete and sign the statement on each annexure (if any)
STEP 13 Certify the client understood (for clients who are blind or
illiterate only)
Performing your functions as a Justice of the Peace 15
Functions
2.1 Witnessing a statutory declaration
Step-by-step procedure
STEP 1
Check if the document is a statutory declaration
You can identify a statutory declaration because it will contain:
• the words ‘statutory declaration’; and
• the name of the relevant state, territory or Commonwealth law. A list of
those laws is in Appendix A on page 112.
A NSW statutory declaration is made under the Oaths Act 1900 (NSW). There
are two alternative formats, which are set out in the Eighth Schedule and the
Ninth Schedule of the Act. Either of those two formats may be used for a
NSW statutory declaration. Examples of completed NSW and Commonwealth
statutory declarations are found below and at www.jp.nsw.gov.au
Sometimes a statutory declaration will be incorporated into an application
form. In these cases, you should check to see if the form contains any extra
instructions for the JP. If so, you should follow those instructions, as well as
this step-by-step procedure.
Some NSW laws create extra statutory declarations requirements for
specific purposes (for example, section 169 of the Conveyancing Act 1919,
about property transactions). Section 2.4 of this handbook on page 63 has
more guidance about how to meet these requirements.
A statutory declaration may be either hand-written or type-written, but
must be written in English.
STEP 2
See the client’s face
You must see the face of the person making the statutory declaration.
If the person is wearing a face covering, you should politely ask them to
remove as much of the face covering so it is possible to see their face.
Definition of face and face covering
Face means a person’s face from the top of their forehead
to the bottom of their chin, and between (but not including)
their ears.
Face covering means an item of clothing, helmet, mask or any
other item that is worn by a person and prevents the person’s
face from being seen (whether wholly or partly).
For example, a face covering includes sunglasses that cover
the eyes, or a hat that covers the forehead.
However a face covering does not include a scarf that is
covering only the person’s hair.
Justice of the Peace Handbook 16
More information on legitimate medical reasons
Exceptions can be made to seeing a person’s face, if you are
satisfied that they have a legitimate medical reason.
It is preferable that the person shows you a recent medical
certificate stating that they cannot remove their face covering
for medical reasons. However, in certain circumstances, you
may be satisfied the person has a legitimate medical reason
based on what you can see or what the person tells you.
Examples of legitimate medical reasons include:
• obvious injury to their face;
• wearing a face mask as they are frail or at risk in the
community due to medical conditions.
Examples that are not legitimate medical reasons:
• refusing to remove dark sunglasses because of a hangover;
• refusing to remove a face mask worn for air pollution.
How much information you need in order to be ‘satisfied’ will
also depend on the context. For example:
• the purpose and eect of the document in question;
• the possible consequences for you as a JP, as well as for
any other person. For example, if the document were to
be fraudulently signed by a person other than the person
named; or
• the person’s behaviour or what they have said, if that
causes you to suspect they might be lying about their
supposed medical condition.
If you cannot truthfully certify that you are satisfied the
person has a legitimate medical reason, you must decline to
witness the document.
You do not have any authority to make a person remove their face covering.
If the person chooses not to remove their face covering, you must decline to
witness the statutory declaration, unless you are satisfied that the person has
a legitimate medical reason. See below. Religious beliefs or cultural practices
are not a special justification for a person not removing their face covering.
However, when you ask a person to remove their face covering, you should
make reasonable eorts to accommodate the person’s beliefs. More information
about accommodating the person’s beliefs is in Section 2.5 on page 70.
If the person does not have a legitimate medical reason, and you are
unable to see the person’s face, it is an oence for you to witness the
statutory declaration.
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 17
Definition of ‘known the person for a period at least
12 months’
STEP 3
Confirm the client’s identity
You must confirm the identity of the person who is making the statutory
declaration, and make sure that it matches the name written at the start
of the declaration.
You can confirm the person’s identity in one of two ways:
• you have known the person for a period of at least 12 months; or
• you have sighted an approved identification document, or a certified
copy of an approved identification document.
A list of approved identification documents is in Appendix B on page 113.
This also includes a list of people who may certify a copy of an identification
document for the Oaths Act 1900.
The definition of ‘known the person for a period at least
12 months’ is not clearly defined by NSW legislation. To assist
JPs, this handbook provides the following as a general guide.
You can validly state that you have known a person for at
least 12 months if all three statements below are true.
þ You recall learning the person’s given name and family
name at least 12 months ago, and you are confident that it
is their true identity (As a guide, you should feel confident
that you could identify the person again about their
statutory declaration or adavit);
þ You now recognise the person in front of you as that same
person; and
þ The document you are being asked to witness is made out
in the same name.
If you are not sure you can meet those conditions, you should
instead confirm the person’s identity using an approved
identification document.
Justice of the Peace Handbook 18
STEP 4
Look for any blank spaces or alterations
You must never witness a statutory declaration that is blank or missing
information in a space where information is required.
If the statutory declaration contains any alteration or deletion (including
changes made with correction fluid, correction tape or any similar
product), it is recommended that you:
• write your initials next to each change; and
• re-write (in the margin) the words that have been inserted, and sign or
initial the words you have written in the margin.
If no words have been written over the correction fluid, it is recommended
that you draw a line over the correction fluid as if crossing out words. Then,
initial it and make a note in the margin such as ‘Deletion using correction
fluid – no words written on erasure’ (or similar) and sign or initial your note.
Any blank space at the end of the declaration should be crossed out. Cross
out the blank space by drawing lines in the shape of a ‘Z’ over the entire
blank area.
If for some reason you are unable to meet these requirements, you should
decline to witness the statutory declaration.
STEP 5
Look for any annexures
An annexure is an attachment of more pages. If an annexure is attached,
it must:
• be referred to in the statutory declaration; and
• include a written statement by the JP that identifies it as an annexure.
If a written statement is not already on the annexure, you will need to
add it, either by hand or using an appropriately worded stamp.
If the statutory declaration refers to an annexure but it is not present,
you must not witness the statutory declaration in that form. See FAQ 25
on page 98 (‘What if I haven’t been provided with the annexures
referred to in a document?’) for details on what to do if an annexure
is not present.
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 19
More information on requirements for annexures
Use an appropriate naming system for the annexures. If
there is more than one annexure, they must all be marked in
alphabetical or numerical order. For example, Annexure ‘A’
or ‘1’, Annexure ‘B’ or ‘2’ and Annexure ‘C’ or ‘3’.
• The marking should be placed in a conspicuous position
on the annexure. For instance, at the top of the page.
• Number the annexures consecutively. For example, from
the first page of the first annexure to the last page of the
last annexure.
For a single-page annexure, the following statement must
also be included:
This is the annexure marked [insert ‘A’ or ‘1’, or ‘B’ or
‘2’, or ‘C’ or ‘3’ as appropriate] referred to in the [insert
‘statutory declaration’ or ‘adavit’ as appropriate] of
[insert client name, [declared/sworn/armed] before
me this [insert date] day of [insert month, year].
[insert your signature, full name and JP registration
number]
For multiple page annexures, the following statement must
be included on the cover page (not on a separate page).
Preferably, this is placed at the bottom, if space allows.
This and the following [insert number of pages] pages is
the annexure marked [insert ‘A’ or ‘1’, or ‘B’ or ‘2’, or ‘C’
or ‘3’ as appropriate] referred to in the [insert ‘statutory
declaration’ or ‘adavit’ as appropriate] of [insert
client], [declared/sworn/armed] before me this
[insert date] day of [insert month, year].
[insert your signature, full name and JP registration
number]
The statement should not cover or obscure the contents of
the annexure. The statement can be written by hand or added
using a stamp. If you use a stamp, cross out any words that do
not apply (for example, crossing out ‘sworn’ if the annexure is
attached to a statutory declaration).
Justice of the Peace Handbook 20
STEP 6
Check the client understands
You should check that the client understands the purpose, eect and
contents of the statutory declaration. Do this by asking open-ended
questions, such as:
• Why do you need to complete this document?
• What is this document about?
• What will you use this document for?
• Who wrote this document?
If the client is not familiar with the contents
If the client is not familiar with the contents of the statutory declaration,
you should give them an opportunity to read the document. Once they
have read it, ask them some questions about the contents (see above).
If, based on their answers, it appears to you that the client understands
the contents, proceed to witness the statutory declaration.
If the client does not understand the purpose and eect
It appears to you that the client does not understand the purpose and
eect of the statutory declaration, you must decline to witness it. For more
information about this issue, see Appendix C on page 114.
Do not try to explain the purpose and eect of the document to the person
(see FAQ 2 on page 9: ‘What if a person asks me for legal advice?’).
If the client is blind or cannot read
If it appears that the client is blind or illiterate (cannot read), either you or
another person in your presence, must read aloud the entire contents of
the statutory declaration. For privacy reasons, if possible, you should oer
the option to have the statutory declaration read aloud in a place where
others cannot overhear.
After the contents of the statutory declaration have been read aloud, you
must check that the client has understood the declaration. Do this by using
the suggested questions above. If the client does not appear to you to have
understood, you must decline to witness the statutory declaration.
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 21
STEP 7
Warn the client
You must warn the client that:
• it is a serious criminal oence to make a false declaration; and
• the penalties include imprisonment.
You should ask appropriate questions to make sure that they have
understood the warning.
STEP 8
Ask the client to declare the contents are true and correct
You must ask the client to make the declaration required by the statutory
declaration form. For an ordinary NSW statutory declaration under the
Oaths Act 1900 (often called an ‘Eighth Schedule’ or ‘Ninth Schedule’
declaration), you can ask the following question:
Do you solemnly and sincerely declare the contents of this
declaration to be true and correct, to the best of your knowledge
and belief?
If it is a statutory declaration under some other law, you should check the
form carefully to see if there is any special wording required. If so, you will
need to use that wording. If not, you can use the same wording as above.
It is sucient if the client responds with words which show an armative
answer (for example, ‘Yes’ or ‘I do’), or an alternative non-verbal armative
response (such as nodding) if the person cannot speak.
STEP 9
Watch the client sign the statutory declaration in front of you
If the client has agreed the contents are true and correct, ask them to sign
and date the document at the end of the statutory declaration. The client
must sign in your presence.
Generally a black or blue ink pen should be used, but you should check
whether the document specifies that a particular colour must be used.
The ink must be permanent and erasable pens must never be used.
If the client has already signed
If the client has already signed the document before bringing it to you,
you must not witness that signature. The client must sign in your presence.
Justice of the Peace Handbook 22
However, you can watch the client place a fresh signature on the
document. To do this:
• rule a line in ink through the signature that was already on the
document;
• write your initials next to the ruled-out signature (both yourself and
the client); and
• watch the client add their fresh signature as close as possible to the
space provided.
If the client is unable to sign
A client who is unable to sign (because of a visual or physical impairment,
or is illiterate) may make a mark instead. Instructions for making a mark,
including extra wording that the JP is required to add, are in Section 2.6
on page 92.
If the statutory declaration comprises more than one page
If the statutory declaration is more than one page, it is recommended that
the client signs each page of the declaration, in addition to the signature
panel. The client’s signatures should be placed at the foot of each page,
or if there is no space, elsewhere on the page.
If there are two or more declarants (people)
If a statutory declaration is made by two or more people, you must:
• confirm that all their names appear in the declaration;
• confirm each person’s identity: you must see each person’s face and
confirm against a form of identity (Steps 2 and 3 above);
• check that each person understands and warn each person (Steps 6
and 7 above);
• receive a declaration from each person that the contents are true and
correct (Step 8 above);
• watch each person sign the signature panel separately (Step 9); and
• watch each person sign the preceding pages of the declaration (Step 9).
You must only witness the statutory declaration of people who are present
before you at the time of signing. If one of the declarants is not present,
you must record in writing, in or below the signature panel, the words:
This statutory declaration has not been declared before me by
[insert name(s) of the person(s) not present].
It is acceptable for individuals to sign a joint statutory declaration at
dierent times and before dierent authorised witnesses.
F unctions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 23
STEP 10
Sign and print your full name, JP registration number and
other details
After you have seen the client sign or make a mark (including on any extra
pages), you should immediately sign, print your full name, your qualification
(NSW JP), and your JP registration number in the space provided.
Your signature should always be handwritten in ink, and never added with a
stamp, label or sticker.
You should also sign any extra pages, near the signature of the client on
each page.
You must include any additional information required as instructed by the
statutory declaration form.
If you are unsure about the requirements of a particular form, seek advice
(see Section 1.3 on page 8).
If the form requires your address
Some forms require you to state your address. Either a home, business
or postal address where you can be reliably contacted will usually be
sucient (unless the form states that a particular kind of address is
required). Unless the form allows, an email address will usually not be
sucient.
If you do not have a business or postal address and you do not wish to use
your home address, you can give the address of a JP association (if you
are a member) or the address of the Department. Contact details for the
Department are at the back of this handbook, on page 127.
Justice of the Peace Handbook 24
STEP 11
Certify identity requirements have been met
If the document is a statutory declaration under the law of NSW (or any
other Australian state or territory), you must also certify in writing that
you saw the person’s face and confirmed their identity (as in Steps 2 and 3
above) before you witness the statutory declaration.
3
It is a criminal oence punishable by a fine for an authorised witness
(including a JP) to witness a statutory declaration if these requirements
have not been satisfied.
A NSW statutory declaration can be identified because it will contain a
reference to the Oaths Act 1900. Statutory declarations of other Australian
states and the territories can be identified because they will contain a
reference to the relevant legislation, as listed in Appendix A on page 112.
Many NSW statutory declarations have the wording of the required
certificate pre- printed. You will only need to fill in the blanks and cross out
text that does not apply.
In some cases, such as when an old form has been used, you will have to
add the wording of the certificate, either by hand or with a stamp (but not
with an adhesive label). See the appropriate wording on the following page.
If you relied on an identification document to confirm the person’s identity,
it is sucient to write the type of identification, such as ‘NSW driver
licence’ or ‘Australian passport’. You should not record on the statutory
declaration any unique details of the identification document, such as the
document’s number or the person’s date of birth (unless the statutory
declaration requires it). You should not keep a copy of the identification
document.
Functions
2.1 Witnessing a statutory declaration
You do not have to certify that identity requirements have been met if you are
witnessing a statutory declaration made under the Commonwealth Statutory
Declarations Act 1959.
Performing your functions as a Justice of the Peace
3
25
More information on certifying identity requirements
Use the following wording when a statutory declaration does
not contain pre-printed wording:
I,
.................................................................. , a NSW JP ........................................................., certify:
[full name of JP] [JP registration
number]
[* include only the text that applies]
*I saw the face of the declarant OR
*I did not see the face of the declarant because they
were wearing a face covering, but I am satisfied that they
had a special justification for not removing it, and
*I have known the person for at least 12 months OR
*I confirmed the person’s identity with
........................................................
.................................................................................................................................................................................................
[describe identification document relied on]
..................................................................... ........................................................
[signature of JP] [date]
Hand write or stamp the wording anywhere on the document
where there is space, preferably on the same side of the page
as the other text appears.
If there is no space on the front, it is acceptable to place
the certification on the back of the document. The identity
certification must be ‘on’ the statutory declaration – do not
place it on a separate piece of paper.
When adding the wording of the identity certification, you
have to sign the document twice. Once to witness the client’s
signature, and again for the certification.
Justice of the Peace Handbook 26
STEP 12
Complete and sign the statement on each annexure
After you have signed the signature panel and preceding pages of the
statutory declaration, complete and sign the statement on each annexure
(if any). Detailed instructions on how to do this are in Step 5 on page 19.
STEP 13
Certify the client understood (for clients who are blind or
illiterate only)
If the client is blind or illiterate, you must also certify in writing, below the
signature panel, that:
• the statutory declaration was read to the declarant in your presence;
• it appeared to you that the declarant understood the statutory
declaration; and
• the declarant signed or marked the statutory declaration in your
presence.
This step is necessary to meet the requirements of section 24A of the
Oaths Act 1900, which governs declarations by people who are unable
to read.
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 27
Sample: NSW statutory declarations
NSW statutory declaration – Eighth Schedule
An editable template can be downloaded from the JP website
www.jp.nsw.gov.au
Statutory Declaration
OATHS ACT 1900, NSW, EIGHTH SCHEDULE
I, ……………………………………………………………, do solemnly and sincerely declare that
Susan Smithson
[name of declarant]
..........................................................................................................................................
I have applied for 12 months maternity leave from 16 October 2021 until
15 October 2022.
..........................................................................................................................................
..........................................................................................................................................
I am currently 8 months pregnant and my baby is due 11 November 2021.
..........................................................................................................................................
I will be the baby’s primary care giver for the majority of the leave period.
..........................................................................................................................................
My husband is planning four week’s leave from when the baby is born.
..........................................................................................................................................
While on maternity leave I will not engage in any conduct that may be
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
and I make this solemn declaration conscientiously believing the same to be true, and by
virtue of the provisions of the Oaths Act 1900.
contrary to my employment contract.
Declared at: …………………………………………… on ……………………………………………
Parramatta 1 October 2021
[place] [date]
[signature of declarant]
in the presence of an authorised witness, who states:
Derek Jones NSW JP No 269856
I, …………………………………………………………, a ……………………………………………
,
[name of authorised witness] [qualication of authorised witness]
certify the following matters concerning the making of this statutory declaration by the person
who made it: [* please cross out any text that does not apply]
1. *I saw the face of the person OR *I did not see the face of the person because the person
was wearing a face covering, but I am satised that the person had a special justication
for not removing the covering, and
2. *I have known the person for at least 12 months OR *I have conrmed the person’s identity using an
identication document and the document I relied on was …………..………………………………
[describe identication document relied on]
1 October 2021
……………………………………………
[signature of authorised witness] [date]
..............................................................
Susan Smitson
…………………………………………………………
Derek Jones
Justice of the Peace Handbook 28
NSW statutory declaration – Ninth Schedule
An editable template can be downloaded from the JP website
www.jp.nsw.gov.au
Statutory Declaration
OATHS ACT 1900, NSW, NINTH SCHEDULE
I, …………………………………………, of ……………………………………………………………
Jacqueline Irene Brown 2 Elizabeth Street, Auburn NSW 2144
[name of declarant] [residence]
do hereby solemnly declare and afrm that …………………………………………………………
..........................................................................................................................................
I am a retired customer service ocer – date of birth 2 February 1952.
..........................................................................................................................................
I am the registered owner of a white 1970 Holden Torana, registration plate
number J1B-522.
..........................................................................................................................................
..........................................................................................................................................
I was issued with a trac infringement notice on 7 August 2021. The
..........................................................................................................................................
oence listed was ‘make unlawful u-turn’ on 27 July 2021 at Rookwood
..........................................................................................................................................
Road, Regents Park at 3.30pm.
..........................................................................................................................................
I was not in Sydney on the date of the infringement. I did not drive the
Torana on that date.
..........................................................................................................................................
..........................................................................................................................................
On 25 July 2021 I travelled by plane to Mackay to visit my mother-in-law
..........................................................................................................................................
on the occasion of her 90th birthday. I returned to Sydney by plane on
..........................................................................................................................................
Monday 29 July 2021. As far as I am aware, the Torana remained in the
..........................................................................................................................................
driveway during my absence.
[the facts to be stated according to the declarant’s knowledge, belief, or information, severally]
And I make this solemn declaration, as to the matter (or matters) aforesaid, according
to the law in this behalf made – and subject to the punishment by law provided for any
wilfully false statement in any such declaration.
Declared at: …………………………………………… on ……………………………………………
Lidcombe
16 September 2021
[place] [date]
..............................................................
Jacqueline Brown
[signature of declarant]
in the presence of an authorised witness, who states:
Harry Wilson
NSW JP No 233749
I, …………………………………………………………, a ……………………………………………
,
[name of authorised witness] [qualication of authorised witness]
certify the following matters concerning the making of this statutory declaration by the person
who made it: [* please cross out any text that does not apply]
1. *I saw the face of the person OR *I did not see the face of the person because the person
was wearing a face covering, but I am satised that the person had a special justication
for not removing the covering, and
2. *I have known the person for at least 12 months OR *I have conrmed the person’s identity using an
identication document and the document I relied on was …………..………………………………
NSW Driver Licence
[describe identication document relied on]
16 September 2021
……………………………………………
[signature of authorised witness] [date]
…………………………………………………………
Harry Wilson
F unctions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 29
Commonwealth statutory declaration
An editable template can be downloaded from the JP website
www.jp.nsw.gov.au
Commonwealth of Australia
STATUTORY DECLARATION
Statutory Declarations Act 1959
1 Insert the name,
I,
1
Lynne Gibson
address and
occupation of
Clerical Ocer
person making
the declaration
83 Lavinia Street, Bankstown NSW 2200
make the following declaration under the Statutory Declarations Act 1959:
2 Set out matter
2
declared to in
1. I have never been convicted of any crime in any state of
numbered
paragraphs
Australia or any other country
2. I have not been charged with any oence that is awaiting
legal action
3. I am of sound mind and have never been acquitted of any
oence on the grounds of unsoundness of mind.
I understand that a person who intentionally makes a false statement in a statutory declaration is
guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the
statements in this declaration are true in every particular.
3 Signature of
3
person making
the declaration
Lynne Gibson
4 Place
Declared at
4
Bankstown
on
5
17th
of
6
October 2021
5 Day
6 Month and year
Before me,
7 Signature of
7
person before
James Ireland
whom the
declaration is
made (see over)
8 Full name,
8
James Ireland
qualication and
address of person
before whom the
NSW JP No 244117
declaration is
made (in printed
81 Lavinia Street, Bankstown NSW 2200
letters)
Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for
which is imprisonment for a term of 4 years — see section 11 of the Statutory Declarations Act 1959.
Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 — see section 5A of
the Statutory Declarations Act 1959.
Justice of the Peace Handbook 30
Frequently asked questions: about statutory declarations
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook,
see Appendix D on page 118.
FAQ 4. Can I ask a person to remove their face mask to confirm
their identity?
You can’t force any client to remove their face mask.
If you are satisfied that they have a ‘legitimate medical reason’ to keep the
face mask on, you may proceed with witnessing the document. For more
information about legitimate medical reasons, see Step 2 in this section on
page 16.
However, if you are unable to see a person’s face to verify their identity,
you must not witness that document.
Functions
2.1 Witnessing a statutory declaration
Performing your functions as a Justice of the Peace 31
2.2 Witnessing an afdavit
What is it? An afdavit is a written statement for use as evidence
in court proceedings.
The person who makes an adavit is called the
deponent. They are also referred to as clients (or people)
in this handbook. When witnessing an adavit, a JP
must hear the deponent swear an oath or make an
armation.
An oath is a binding promise, based on the person’s
religious or spiritual beliefs, to tell the truth.
An afrmation is a binding and solemn promise to tell
the truth. It has the same legal eect as an oath, but
does not refer to God or another sacred being or object.
Anyone may choose to take an armation instead of
an oath.
After the oath or armation, the deponent and the
JP complete the section at the end of the adavit.
This section is called the jurat or signature panel.
What can I
witness?
You may witness an adavit that is required for:
• any Australian court or tribunal;
• the registration of any instrument in Australia; or
• any arbitration in Australia.
The adavit must be signed and witnessed in NSW,
except in certain circumstances when you are delivering
JP functions via audio-visual link (see page 34).
What can’t
I witness?
Some examples of adavits that you shouldn’t witness
include:
• Those for use in an overseas jurisdiction
Note: this is not a full list – if you are unsure about
a document, please seek advice (see Section 1.3 on
page 8).
Justice of the Peace Handbook 32
Important
tips
You should check that the client understands the
purpose, eect and contents of the adavit. You can do
this by asking open-ended questions outlined in Step 6
on page 43.
If the client does not speak English and requires an
interpreter, follow the procedures outlined in Section 2.5.2
on page 82.
It is an oence, and penalties apply, for:
• a person who makes a false adavit; or
• an authorised witness in NSW who witnesses an
adavit and fails to follow the required steps for
identifying the person (Step 2, Step 3 and Step 11
of this procedure).
An adavit may be made by two or more people. In these
cases, you must undertake certain steps in the procedure
for each person.
Functions
2.2 Witnessing an afdavit
Performing your functions as a Justice of the Peace 33
2.2.1 Remote witnessing over an audio/visual
link (AVL)
The Electronic Transactions Act
4
was amended in 2021 to enable
witnessing requirements to be performed remotely via an audio-visual link.
This scheme imposes several requirements on witnesses, including that:
• The witness must see the signatory signing the document in real time
over the audio-visual link;
• The witness must sign the document, or an exact copy of the document,
signed by the signatory as evidence that they witnessed the signature;
• The witness must be reasonably satisfied that the document they sign is
the same document, or a copy of the document, signed by the signatory;
and
• The witness may witness statutory declarations and adavits remotely
pursuant to this scheme.
The remote witnessing scheme allows a NSW JP to remotely witness a
statutory declaration or an adavit for a person located outside of NSW
over a video link, and, the JP may also be outside of NSW at the time of
witnessing a statutory declaration or adavit provided that:
• The document is required to be signed under a NSW Act or law or,
• The governing laws for the document are the laws of NSW.
For further information on remote witnessing, check
www.jp.nsw.gov.au
4 See Electronic Transactions Amendment (Remote Witnessing) Bill 2021.
34 Justice of the Peace Handbook
Sample: NSW afdavits
More information on adavits can be accessed via a link from the JP
website www.jp.nsw.gov.au
Form 40 (version 3)
UCPR 35.1
AFFIDAVIT OF GEORGE JONES 16 OCTOBER 2021
COURT DETAILS
Court
Supreme Court
Division
Equity Division
List
Family Provision List
Registry
Sydney
Case number
2013/12345
TITLE OF PROCEEDINGS
First plaintiff
George Jones
Second plaintiff
Betty Jones
First defendant
NSW Trustee & Guardian
Second defendant
FILING DETAILS
Filed for
George Jones, Plaintiff
Filed in relation to
Plaintiff’s claim
Legal representative
Barry Smith, Barry Smith & Associates
Legal representative reference
56976
Contact name and telephone
Barry Smith, (02) 9999 1111
Contact email
Functions
2.2 Witnessing an afdavit
Continues next page
Performing your functions as a Justice of the Peace 35
2
AFFIDAVIT
Name
George Jones
Address
123 Park Street, Parramatta NSW 2150
Occupation
Engineer
Date
16 October 2021
I say on oath:
1 I am the plaintiff.
2 I am the only child of the late Mr Kevin Jones, formerly of 11/22 Treetop Drive, Parramatta.
3 I was not listed as a beneciary in the estate of Mr Kevin Jones and have commenced legal
action to make a claim against the estate. The estate Trustee is the NSW Trustee & Guardian.
SWORN at
Parramatta
Signature of deponent Gege Jones
Name of witness Rhonda Jackson
Address of witness 10 Kurrajong Road, Parramatta NSW 2150
Capacity of witness NSW JP No 278943
And as a witness, I certify the following matters concerning the person who made this afdavit (the deponent):
1 I saw the face of the deponent. [OR, delete whichever option is inapplicable]
I did not see the face of the deponent because the deponent was wearing a face covering, but I am
satised that the deponent had a special justication for not removing the covering.*
2 I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
I have conrmed the deponent’s identity using the following identication document:
Australian Passport
Identication document relied on (may be original or certied copy)
†
Signature of witness Rhonda Jackson
Note: The deponent and witness must sign each page of the afdavit. See UCPR 35.7B.
[* The only “special justification” for not removing a face covering is a legitimate medical reason (at November 2021).]
[
†
“Identification documents” include current driver licence, proof of age card, Medicare card, credit card,
Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth
certificate, passport or see Oaths Regulation 2011 or JP Ruling 003 - Confirming identity for NSW statutory
declarations and affidavits, footnote 3.]
Justice of the Peace Handbook 36
QUICK REFERENCE:
Witnessing an afdavit
STEP 1 Confirm that the document is an adavit
STEP 2 See the client’s face
STEP 3 Confirm the client’s identity
STEP 4 Look for any blank spaces or alterations
STEP 5 Look for any annexures or exhibits (and make sure they have
been appropriately referred to)
STEP 6 Check that the client understands the adavit
STEP 7 Warn the client
STEP 8 Ask the client to swear an oath or make an armation
STEP 9 Watch the client sign the adavit in front of you
STEP 10 Sign the signature panel and each page of the adavit
STEP 11 Certify identity requirements have been met
STEP 12 Complete and sign the statement on each annexure
STEP 13 Certify the client understood (for blind or illiterate clients only)
Performing your functions as a Justice of the Peace 37
Functions
2.2 Witnessing an afdavit
Step-by-step procedure
STEP 1
Check if the document is an adavit
You can identify an adavit because it will contain:
• the word ‘Adavit’ in the title;
• the name of the court or tribunal; and
• other details that might include the court or tribunal case number, the
title of the proceedings and the names of the parties.
Adavits can be made under a number of state, territory and Commonwealth
laws. These are listed at Appendix A on page 112. There are many dierent
adavit forms.
You should look for any special requirements that are stated on the adavit
form or its attached instructions. For example, the various adavits used in
a divorce have special requirements. These are described below.
STEP 2
See the client’s face
You must see the face of the person making the adavit.
If the person is wearing a face covering, you should politely ask them to
remove as much of the face covering as possible to see their face.
Definition of face and face covering
Face means a person’s face from the top of their forehead
to the bottom of their chin, and between (but not including)
their ears.
Face covering means an item of clothing, helmet, mask or any
other item that is worn by a person and prevents the person’s
face from being seen (whether wholly or partly).
For example, a face covering includes sunglasses that cover
the eyes, or a hat that covers the forehead.
However a face covering does not include a scarf that is
covering only the person’s hair.
Justice of the Peace Handbook 38
You do not have any authority to make a person remove a face covering.
If the person chooses not to remove their face covering, you must decline
to witness the adavit, unless you are satisfied that the person has a
‘legitimate medical reason’ (see page 39).
Religious beliefs or cultural practices are not a special justification for a
person not removing their face covering. However, when you ask a person
to remove their face covering, you should make reasonable eorts to
accommodate their beliefs. Guidance about accommodating the person’s
beliefs is outlined in Section 2.5 on page 70.
If the person does not have a legitimate medical reason, and you are
unable to see the person’s face, it is an oence for you to witness the
adavit.
More information on legitimate medical reasons
Exceptions can be made to seeing a person’s face, if you are
satisfied that they have a legitimate medical reason.
It is preferable that the person shows you a recent medical
certificate stating that they cannot remove their face covering
for medical reasons. However, in certain circumstances, you
may be satisfied the person has a legitimate medical reason
based on what you can see or what the person tells you.
Examples of legitimate medical reasons include:
• obvious injury to their face;
• wearing a face mask as they are frail or at risk in the
community due to medical conditions
Examples that are not legitimate medical reasons:
• refusing to remove dark sunglasses because of a hangover;
• refusing to remove a face mask worn for air pollution
How much information you need in order to be ‘satisfied’ will
also depend on the context. For example:
• the purpose and eect of the document in question;
• the possible consequences for you as a JP, as well as for
any other person. For example, if the document were to
be fraudulently signed by a person other than the person
named; or
• the person’s behaviour or what they have said, if that
causes you to suspect they might be lying about their
supposed medical condition.
If you cannot truthfully certify that you are satisfied the person
has a legitimate medical reason, you must decline to witness
the document.
Functions
2.2 Witnessing an afdavit
Performing your functions as a Justice of the Peace 39
Definition of ‘known the person for a period at least
12 months’
STEP 3
Confirm the client’s identity
You must confirm the person’s identity in one of two ways:
• you have known the person for a period of at least 12 months; or
• you have sighted an approved identification document or a certified
copy of an approved identification document.
Guidance about the meaning of ‘known the person for a period of at least
12 months’ is at Section 2.1, on page 12.
A list of approved identification documents is in Appendix B on page 114.
Once you have confirmed the identity of the person who is making the
adavit, make sure that it matches the name written at the top of the
adavit.
The definition of ‘known the person for a period at least
12 months’ is not clearly defined by NSW legislation. To assist
JPs, this handbook provides the following as a general guide.
You can validly state that you have known a person for at
least 12 months if:
þ you recall learning the person’s given name and family
name at least 12 months ago in circumstances where you
are confident that it is their true identity (As a guide, you
should feel confident that you could identify the person
again about their statutory declaration or adavit);
þ you now recognise the person in front of you as that same
person; and
þ the document you are being asked to witness is made out
in the same name.
If you are not sure you can meet those conditions, you should
instead confirm the person’s identity using an approved
identification document.
Justice of the Peace Handbook 40
STEP 4
Look for any blank spaces or alterations
You must never witness an adavit that is blank or is missing information
in a space where information is required.
If the adavit contains any alteration or deletion (including changes
made with correction fluid, correction tape or any similar product), it is
recommended that you:
• write your initials next to each change, and
• re-write (in the margin) the words that have been inserted, and sign or
initial the words you have written in the margin.
If no words have been written over the correction fluid, it is recommended
that you draw a line over the correction fluid as if crossing out words, initial
it and make a note in the margin such as ‘Deletion using correction fluid –
no words written on erasure’ (or similar) and sign or initial your note.
Any blank space at the end of the adavit should be crossed out. Cross
out the blank space by drawing lines in the shape of a ‘Z’ over the entire
blank area.
If for some reason you are unable to meet these requirements about
alterations or deletions, you should decline to witness the adavit.
STEP 5
Look for any annexures or exhibits
An annexure is an attachment of extra pages. An exhibit is a paper,
document, or piece of physical evidence provided to the court at a trial or
hearing or as part of an adavit.
If an annexure is attached, or an exhibit is to be provided in court, it must:
• be referred to in the adavit; and
• include a written statement by the JP that identifies it as an annexure or
exhibit. If a written statement is not already on the annexure or exhibit,
you will need to add it, either by hand or using an appropriately worded
stamp.
Functions
2.2 Witnessing an afdavit
Performing your functions as a Justice of the Peace 41
More information on requirements for annexures
If the adavit refers to an annexure, but the annexure is not
present you must not witness the adavit in that form. See
FAQ 24 on page 98 (‘What if I haven’t been provided with the
annexures referred to in a document?’) for details on what to
do if an annexure is not present.
Use an appropriate naming system for the annexures. If
there is more than one annexure, they must all be marked in
alphabetical or numerical order. For example, Annexure ‘A’ or
‘1’, Annexure ‘B’ or ‘2’ and Annexure ‘C’ or ‘3’.
• The marking should be placed in a conspicuous position on
the annexure, for instance at the top of the page.
• Number the annexures consecutively. For example, from
the first page of the first annexure to the last page of the
last annexure.
For a single-page annexure, the following statement must
also be included:
This is the annexure marked [insert ‘A’ or ‘1’, or ‘B’ or
‘2’, or ‘C’ or ‘3’ as appropriate] referred to in the [insert
‘statutory declaration’ or ‘adavit’ as appropriate] of
[insert client name], [declared/sworn/armed] before
me this [insert date] day of [insert month, year].
[insert your signature, full name and JP registration
number]
For multiple page annexures, the following statement must
be included on the first page (not on a separate page).
Preferably, this is placed at the bottom, if space allows.
This and the following [insert number of pages] pages is
the annexure marked [insert ‘A’ or ‘1’, or ‘B’ or ‘2’, or ‘C’
or ‘3’ as appropriate] referred to in the [insert ‘statutory
declaration’ or ‘adavit’ as appropriate] of [insert client
name], [declared/sworn/armed] before me this [insert
date] day of [insert month, year].
[insert your signature, full name and JP registration
number]
The statement should not cover or obscure the contents of
the annexure. The statement can be written by hand or added
using a stamp. If you use a stamp, cross out any words that do
not apply (for example, crossing out ‘sworn’ if the annexure is
attached to an adavit).
Justice of the Peace Handbook 42
Requirements for exhibits
Exhibits should be numbered with the client’s initials
and a number (for example, ‘Exhibit “JD 1” in the
adavit of John Doe’, ‘“JD 2” in the adavit of
John Doe’ for the second exhibit).
The witness to the adavit should sign the cover page,
with words like:
Exhibited to me at the time of swearing this
adavit and marked [client’s initials and a number]
is [describe item, for example ‘a folder of documents’
or ‘10 photographs’].
If an exhibit has pages, you also need to number the pages.
If the exhibit is an object (for example portable data storage
device or similar), it should be bagged and tagged and
labelled as above.
STEP 6
Check the client understands
You should check that the client understands the purpose, eect and
contents of the adavit. You can do this by asking open-ended questions
such as:
• Why do you need to complete this document?
• What is this document about?
• What will you use this document for?
• Who wrote this document?
If the client is not familiar with the contents
If the client is not familiar with the contents of the adavit, you should
give them an opportunity to read the document. Once they have read it,
ask them some questions about the contents (see above). If, based on their
answers, it appears to you that the client understands the contents, you
may proceed to witness the adavit.
If the client does not understand the purpose and eect
If, based on the answers to your questions or some other circumstance
(such as the person’s age or intellectual impairment), it appears to you
that the client does not understand the purpose and eect of the adavit,
you must decline to witness it. For more information about this issue, see
Appendix C on page 114.
You should not try to explain the purpose and eect of the document to the
person (see FAQ 2 on page 9: ‘What if a person asks me for legal advice?’).
Functions
2.2 Witnessing an adavit
Performing your functions as a Justice of the Peace 43
If the client is blind or cannot read
If it appears that the client is blind or illiterate (cannot read), either you or
another person in your presence, must read aloud the entire contents of
the adavit. For privacy reasons, if possible, you should oer the option to
have the adavit read aloud in a place where others cannot overhear. After
the contents have been read aloud, you must check that the client appears
to have understood the document. You can do this by using the suggested
questions above.
If the client does not appear to you to have understood, you must decline
to witness the adavit.
STEP 7
Warn the client
You must warn the client that:
• it is a serious criminal oence to make a false adavit; and
• the penalties include imprisonment.
You should also ask the client appropriate questions to make sure that they
have understood the warning.
STEP 8
Ask the client to swear an oath or make an afrmation
The client may choose between swearing an oath or making an armation.
It is important that you, and the client, understand that an oath or
armation is not a mere formality. If an oath or armation is not properly
taken or made, a court might refuse to admit the adavit into evidence.
It is also an oence for a deponent to falsely swear or arm things that
are untrue.
If you are not satisfied that the client suciently understands what it
means to swear or arm an adavit, or you are not satisfied that they are
mentally and physically able to, you should decline to witness the adavit.
For more information, see Appendix C on page 114.
Justice of the Peace Handbook 44
If the client chooses an oath
If the client chooses to take an oath, it is recommended that the word
‘swear’ is used. An oath may also (but does not have to) refer to the person’s
religious or sacred beliefs (for example ‘God’ or ‘Buddha’). It is not necessary
for the client to hold a holy book when swearing their oath, but they may
choose to do so.
Acceptable forms of words for an oath include:
JP: Do you swear that the contents of this your adavit are true
and correct to the best of your knowledge and belief?
The client must give an armative response such as ‘So help me God’,
‘I do’, ‘Yes’ or (if unable to speak) a physical sign such as nodding.
or:
Client (before the JP): I swear that the contents of this my adavit
are true and correct to the best of my knowledge and belief.
If the client chooses an armation
If the client chooses to make an armation, two acceptable forms of
words are:
JP: Do you solemnly, sincerely and truly declare and arm that the
contents of this your adavit are true and correct to the best of your
knowledge and belief?
The client must give an armative response such as ‘I do’, ‘Yes’ or (if unable
to speak) a physical sign such as nodding.
or:
Client (before the JP): I solemnly, sincerely and truly declare and
arm that the contents of this my adavit are true and correct to
the best of my knowledge and belief.
F unctions
2.2 Witnessing an adavit
Performing your functions as a Justice of the Peace 45
STEP 9
Watch the client sign the adavit in front of you
After the client has sworn an oath or made an armation, ask them to
sign in the space provided in the signature panel. The client must sign the
adavit in your presence.
Generally, a black or blue ink pen should be used, but you should check
whether the document specifies that a particular colour must be used.
The ink must be permanent and erasable pens must never be used.
If the client has already signed
If the client has already signed the signature panel before bringing the
document to you, you must not witness that signature. You must never
witness a signature that was already on the document when it was brought
to you. The client must sign in your presence.
However you can watch the client place a fresh signature on the document.
To do this:
• rule a line in ink through the signature that was already on the
document;
• both you and the client should write your initials next to the ruled-out
signature; and
• after following all the other requirements of the relevant procedures in
this handbook, you should watch the client write their fresh signature as
close as possible to the space provided.
If the client is unable to sign
A client who is unable to sign may make a mark instead (for example, if
they have a visual or physical impairment, or are illiterate). Instructions for
making a mark, including extra wording that the JP is required to add,
are in Section 2.6 on page 92.
If the adavit includes more than one page
If the adavit is more than one page, the client must also sign each
preceding page of the adavit. The client’s signatures should be placed
at the foot of each page, or if there is no space, elsewhere on the page.
If there are two or more deponents (people)
If an adavit is made by two or more people, you must:
• confirm that each name appears in the signature panel;
• confirm each person’s identity: you must see each person’s face and
confirm against a form of identity (Steps 2 and 3 above);
• check that each person understands and warn each person (Steps 6
and 7 above);
Justice of the Peace Handbook 46
• receive an oath or armation from each person (Step 8);
• watch each person sign the signature panel (Step 9); and
• watch each person sign the preceding pages of the adavit (Step 9).
You must only witness the adavit of people who are present before you
at the time of signing. If there is more than one deponent (person) and one
of them is not present, you must record in writing, in or below the signature
panel, the words:
This adavit has not been sworn before me by [insert name(s) of
the person(s) not present].
It is acceptable for individuals to sign a joint adavit at dierent times and
before dierent authorised witnesses.
STEP 10
Sign the signature panel and each page of the adavit
After you have seen the client sign or make a mark (including on any extra
pages), you should immediately sign, print your full name, your qualification
(NSW JP), and your JP registration number in the space provided.
Your signature should always be handwritten in ink, and never added with a
stamp, label or sticker.
You must also:
• sign any extra pages, near the signature of the client on each page;
• cross out either the words ‘I swear’ or ‘I arm’ at the beginning of the
adavit, as appropriate;
• cross out either the word ‘sworn’ or ‘armed’ in the signature panel,
as appropriate; and
• include any more information required or any other instructions in
the adavit. If you are unsure about the requirements of a particular
adavit, you should seek advice (see Section 1.3 on page 8).
If the form requires your address
Some forms require you to state your address. Either a home, business
or postal address where you can be reliably contacted will usually be
sucient (unless the form states that a particular kind of address is
required). Unless the form allows, an email address will usually not be
sucient.
If you do not have a business or postal address and you do not wish to use
your home address, you can give the address of a JP association (if you are
a member) or the address of the Department (at the back of this handbook,
on page 127).
Functions
2.2 Witnessing an adavit
Performing your functions as a Justice of the Peace 47
STEP 11
Certify identity requirements have been met
You must also certify in writing that you saw the person’s face and
confirmed their identity (as in Steps 2 and 3) before you witness the
adavit.
5
It is a criminal oence for a JP to witness an adavit if these requirements
have not been satisfied. This is punishable by a fine.
Most adavits used by NSW courts have the wording of the required
certificate pre-printed. You will only need to fill in the blanks and cross out
text that does not apply.
In some cases, such as when an old form has been used, you will have to
add the wording of the certificate, either by hand or with a stamp (but not
with an adhesive label). See detail on the right for the appropriate wording.
If you relied on an identification document to confirm the person’s identity,
it is sucient to write the type of identification, such as ‘NSW driver
licence’ or ‘Australian passport’. You should not record any unique details
of the identification document, such as the document’s number or the
client’s date of birth (unless the adavit requires it). You should not keep
a copy of the identification document.
If an adavit is made by two or more people, you must complete a separate
certificate for each person who has sworn or armed the adavit before
you.
You do not have to certify that identity requirements have been met if the
adavit is a Commonwealth adavit (i.e. an adavit for proceedings in a
Commonwealth court, for the purpose of or in connection with a law of the
Commonwealth, or in connection with the administration of a Commonwealth
department or agency).
Justice of the Peace Handbook
5
48
More information on certifying identity requirements
Use the following wording when an adavit does not contain
pre-printed wording:
I,
.................................................................. , a NSW JP ........................................................., certify:
[full name of JP] [JP registration
number]
[* include only the text that applies]
*I saw the face of the deponent OR
*I did not see the face of the deponent because they
were wearing a face covering, but I am satisfied that they
had a special justification for not removing it, and
*I have known the person for at least 12 months OR
*I confirmed the person’s identity with
........................................................
.................................................................................................................................................................................................
[describe identification document relied on]
..................................................................... ........................................................
[signature of JP] [date]
Hand write or stamp the wording anywhere on the document
where there is space, preferably on the same side of the page
as the other text appears.
If there is no space on the front, it is acceptable to place
the certification on the back of the document. The identity
certification must be ‘on’ the adavit – do not put it on a
separate piece of paper.
When adding the wording of the identity certification, you
have to sign the document twice. Once to witness the client’s
signature, and again for the certification.
F unctions
2.2 Witnessing an adavit
Performing your functions as a Justice of the Peace 49
STEP 12
Complete and sign the statement on each annexure (if any)
After you have signed the signature panel and each preceding page of
the adavit, you must complete and sign the statement on each annexure
(if any). Detailed instructions on how to do this are in Step 5 on page 41.
STEP 13
Certify the client understood (for clients who are blind or
illiterate only)
If it appears to you that the client is blind or illiterate (cannot read),
you must also certify in writing, in or below the signature panel, that:
• the adavit was read to the deponent in your presence
• it appeared to you that the deponent understood the adavit, and
• the deponent signed the adavit (by signature or mark) in your
presence.
Instructions for making a mark, including extra wording that the JP is
required to add, are in Section 2.6 on page 92.
Frequently asked questions: about adavits
A frequently asked question about this topic is included below. For a full
list of frequently asked questions included in this handbook, see page 118.
FAQ 5. What special requirements should I look out for in adavits
about divorce?
There are various adavits used in a divorce application, and they have
some special requirements. The adavits are:
• Adavit in the Application for Divorce;
• Adavit of Service (by Post or by Hand);
• Adavit Proving Signature; and
• Adavit for eFiling Application (Divorce).
Justice of the Peace Handbook 50
Adavit in the Application for Divorce
An applicant can only sign the Adavit in the Application for Divorce after
they have been separated for at least twelve months. If you become aware
that this requirement has not been met, you may inform the applicant that
they should obtain legal advice, but you are not required to decline to
witness the adavit.
If only one of them is applying for divorce as a sole applicant, they do not
both need to sign the adavit. Only the sole applicant needs to sign, in the
space provided, as appropriate.
If both parties are applying for divorce as joint applicants, each party must
sign their part of the Adavit. Both parties can sign at dierent times and
before dierent JPs or before the same JP at the same time.
Adavit of Service (by post or by hand)
At a later stage, a sole applicant will need to complete an Adavit
of Service (by post) or an Adavit of Service (by hand). A separate
document titled Acknowledgment of Service (divorce) must be attached
as an annexure to prove that the Applicant’s spouse has been served
with the divorce application.
If you are witnessing an Adavit of Service that has such an annexure,
you must also complete the Annexure Note at the bottom of the
Acknowledgment of Service.
Adavit Proving Signature
If the applicant has completed an Adavit of Service (by hand), they will
also need to swear or arm an Adavit Proving Signature. This must also
have a copy of the Acknowledgement of Service (divorce) annexed (this
doesn’t need to be certified).
Adavit for eFiling Application (Divorce)
Applicants have the option of completing a divorce application online.
In this case, an Adavit for eFiling Application (divorce) will be needed.
A JP can witness this type of adavit by following the usual procedure
in this handbook. The applicant then scans the document and lodges it
online.
More information for applicants as well as downloadable forms are at the
website www.fcfcoa.gov.au
under ‘Divorce forms and kits’.
Functions
2.2 Witnessing an afdavit
Performing your functions as a Justice of the Peace 51
2.3 Certifying a copy of an original document
What is it? Sometimes, a certified copy may be accepted instead of
the original document. This can be where an organisation
needs to rely on information contained in the original.
What can I
certify?
There is no law in NSW that specifies or restricts the
types of original documents that may be certified as true
copies, or when a certified copy is acceptable in place of
the original.
What can’t
I certify?
Some examples of documents that you shouldn’t certify
include:
This practice came about because it may be inconvenient
or unreasonable to require people to give the original of
important documents, like birth certificates or academic
qualifications.
If satisfied that a copy is a true and accurate copy of the
document reported to the JP to be the original, the JP
may print a certification to that eect on the copy.
6
See definition of ‘copy’ and ‘original document’ on the
following page.
• a laminated copy of a citizenship certificate
• that a photograph is the true likeness of a person
Note: this is not a full list – if you are unsure about
a document, please seek advice (see Section 1.3 on
page 8).
6 In this context, certify means to vouch for in writing.
52 Justice of the Peace Handbook
Important
tips
You must never certify a copy unless you have both the
original and the copy physically in front of you.
You must never certify a copy unless you are satisfed
that the copy is a true and accurate copy of the
document reported to you to be the original.
You must use the certifcation words specifed in this
procedure (or words substantially the same). This is
required by law, and also helps to clarify that you are not
certifying the original document is authentic.
The owner of the original document does not need to be
present when you certify a copy of the document.
When the only function you are performing is to certify
a copy of an original document, you do not need to sight
identification or confirm a person’s identity.
You may certify a copy even if the original document was
not produced in Australia, or is to be used for a purpose
outside Australia.
You are not expected to give advice about whether
or not an organisation will accept a certified copy of
a particular document. People should make their own
enquiries directly with the relevant organisation.
Functions
2.3 Certifying a copy of an original document
Performing your functions as a Justice of the Peace 53
Definition of ‘original document’, ‘electronic document’
and ‘copy’
The Justices of the Peace Act 2002 does not define what is
meant by an ‘original document’ or a ‘copy’. The following
definitions are provided as a guide, to assist JPs in their
decisions about certifying copies.
Original document
An original document is the actual record of text or images
made directly by the author or issuer of the document, which
is later used to make a copy. An original document can be
either printed or in electronic form.
An issuing authority may produce more than one version of
a document, and each version is considered ‘original’. For
example, a person’s birth certificate issued shortly after their
birth by the NSW Registry of Births, Deaths and Marriages
is an original document. If many years later the Registry
produces a duplicate birth certificate to replace one that was
lost, that document is also an original, because it is also an
‘actual record’ made ‘directly by the issuer’.
A paper original is usually dierent from a photocopy or other
printed reproduction (although it may be dicult to tell the
dierence between an original and a copy if a JP is shown a
high-quality photocopy). Indicators that a printed document
is an original are that it:
• appears on ocial letterhead;
• contains an ocial logo, seal or watermark; or
• includes a handwritten signature or inked stamp of the
issuing authority.
Copy
‘Copy’ means a reproduction (of the original document) on
paper or similar. It is made by a photocopier or other machine
with similar copying and printing functions. It does not include
a reproduction of the document that is handwritten or hand-
drawn, or a mere transcription of the content of the original.
Electronic document
An ‘electronic document’ is any electronic file format that
contains writing, numbers, images, symbols, marks, drawings,
maps or plans, and which can be reproduced on paper or
similar.
Justice of the Peace Handbook 54
QUICK REFERENCE:
Certifying a copy of an original
document
STEP 1 Have the original document and copy in front of you
STEP 2 Check that the copy is a true copy
STEP 3 If satisfied, add your certification in writing
STEP 4 Add your details to the certification (name, JP registration
number, date)
STEP 5 Sign your certification
Functions
2.3 Certifying a copy of an original document
Performing your functions as a Justice of the Peace 55
Step-by-step procedure
STEP 1
Have the original document and the copy physically in front
of you
You must have both the original document and the copy physically in front
of you.
7
You can be satisfied that a document is an original, if the client shows it to
you and states that it is the original.
However, if it is immediately and obviously apparent to you that the document
could not be an original, you should decline to certify the copy. For example,
this might occur where the document presented as the original is very
obviously a reproduction, or contains changes that are very obviously not
made by the issuing authority.
Your role as a JP is limited to ensuring that the copy is a true and accurate
copy of the original. Your role does not involve certifying that:
• the document presented as the original is authentic;
• the content of the original is accurate; or
• the original was correctly and validly issued.
You should not certify a copy of a certified copy. Only certify a copy of a
document reported to you to be the original document.
Viewing a paper original document remotely, such as by video telephone call
or video over the internet, does not meet the requirement to have the original
document and the copy physically in front of you. However, if an original
document is in electronic form and you are using a computer or similar to
view the document live on an ocial website that is under the control of the
document’s issuing authority, then you are considered to have that original
document physically in front of you.
Justice of the Peace Handbook
7
56
Example: certifying copies of electronic documents
EXAMPLE A: A JP observes Ms A print her bank statement
directly from the ocial website of Ms A’s bank. The JP may
then certify the printout as a true copy of the original.
EXAMPLE B: Mr B prints his electronic payslip, and his
employer endorses the printout with the organisation’s ocial
stamp. As this document has certification from the original
authority, this is considered an original copy and does not
require certification from the JP. However, if this original is
then copied following the steps outlined in Step 1, the JP may
certify the copy of the original.
EXAMPLE C: Ms M requests that a printed copy of her
university transcript is certified and shows the JP the email
received from the university. The JP should not certify this
copy, as it can’t be verified as a true copy as per the three
options in Step 2.
STEP 2
Check the copy is a true copy
If the original is on paper
You can be satisfied that the copy is a true and accurate copy of the
original by either:
• carefully comparing both the copy and the original in front of you; or
• watching the copy be made by a copying machine in front of you (such
as a photocopier or other machine with similar copying functions).
If the document is in a language other than English, you must watch the
copy being made by a copying machine in front of you (instead of simply
comparing the copy with the original). This is because, if you cannot read
the other language, you may not notice a tiny dierence on the copy that
changes the meaning of the original.
Sometimes a copying machine may produce a poor quality copy. Even if
you watched the copy being made by a copying machine, you should still
check that the copy is true and accurate before certifying it.
If you are not satisfied that the copy is a true and accurate copy of the
original (by using one of the above two methods), you must decline to
certify the copy.
Functions
2.3 Certifying a copy of an original document
Performing your functions as a Justice of the Peace 57
You may certify a copy as a true and accurate copy when:
• the copy is a dierent size to the original. For example, this may occur if
a copying machine has produced an enlarged or a reduced copy of the
original;
• the copy is in black and white only, but the original contains colour; and
• the original is laminated. Some issuing authorities prohibit the laminating
of their original documents, because lamination makes it dicult for
them to authenticate the original. For example you are not able to
certify a laminated citizenship certificate. However JPs are not required
to authenticate original documents, so there is nothing to prevent a JP
from certifying a copy of a laminated original.
You must not certify a copy if it contains an alteration that is not present
on the original document as produced by the issuing authority. This is
because the copy would not be a true and accurate copy.
If the original is in electronic form
Only certify a copy of an electronic original document if you have used one
of the following methods.
• You saw the paper copy printed directly from an ocial website that is
under the control of the document’s issuing authority;
• You saw the paper copy printed directly from a computer that is under
the control of the document’s issuing authority; or
• The electronic original is displayed live in front of you on an ocial
website or mobile application, under the control of the document’s
issuing authority.
Compare every item of information in the electronic original with its
counterpart on the paper copy, and confirm that every item of information
is the same. The screen of the mobile phone, computer or other device
must be readable despite any cracks or chips.
If you are not satisfied that the copy is a true and accurate copy of the
original (by using one of the above methods), you should decline to certify
the copy.
Outside of these three reasons, there is some risk that the document
presented to you could have been altered at a prior stage, using computer
editing software. This includes where the document has been transmitted
by email, fax or other electronic communication (even when that
communication appears to have come from the issuing authority).
Justice of the Peace Handbook 58
More information on alternatives to a certified copy
of an electronic original document
In some circumstances, this handbook recommends against
certifying a copy of an electronic original document (see
page 62). However there may be alternatives to a certified
copy.
The person could instead make a statutory declaration.
They can declare that it is a true copy of the original, and that
it exists only in electronic form. The copy can be included
as an annexure. You could witness the person making that
declaration, but would still be prohibited from certifying the
copy.
The person could forward the electronic original, if it is an
email or attached to an email. The person could forward the
email directly to the organisation that requested the certified
copy. It would then be a matter for that organisation to decide
whether or not to accept the forwarded email, or to make its
own enquiries about it.
To avoid wasted time and eort, the person should first
discuss the proposed alternative with the organisation that
requires the certified copy.
STEP 3
If satisfied the copy is true and accurate, add your certification
in writing
If you are satisfied that the copy is a true and accurate copy of the
document, you may add your certification. You must always use the
following words, or words substantially the same as the following:
I certify this to be a true and accurate copy of the document
reported to me to be the original document.
Use of this wording (or substantially the same wording) is required by
law, and also helps to clarify that you are not certifying the document
is authentic. This may be important if someone who relied on your
certification sought to have a court impose such a duty of care on you.
Your certification must be printed on the copy either using a stamp or
handwritten in ink. A certification that has been added with a label or
sticker is not sucient.
Functions
2.3 Certifying a copy of an original document
Performing your functions as a Justice of the Peace 59
If the document is more than one page, you may add your certification
to the first page only, and then just sign or initial each subsequent page.
In this case, the certification on the first page should read:
I certify this document, comprising this and the following [insert
number of pages] pages, each of which I have signed or initialled,
to be a true and accurate copy of the document reported to me
to be the original document.
More information on what to do if the certification
wording diers on the form you are completing
Many organisations will give detailed instructions on how to
certify copies of original documents. At times, the suggested
wording is dierent from what has been provided in this
handbook. This may be as the organisation has specific needs
for their situation.
As long as the words are substantially the same, following
the instructions provided by the requesting organisation is
recommended. Some examples are listed here.
Wording recommended by NSW Education for certified
copies:
I certify this is a true and unaltered copy of the original.
The Australian Health Practitioner Regulation Agency
(AHPRA) recommend the text below for copies of original
documentation:
I have sighted the original document and certify this to
be a true copy of the original.
Justice of the Peace Handbook 60
STEP 4
Add your details to the certification
Add the following details underneath or alongside the wording of the
certification:
• your full name;
• your qualification (NSW JP);
• your JP registration number; and
• the date.
Your details should be added by a stamp or handwritten in ink.
STEP 5
Sign your certification
Your signature must always be handwritten in ink, and never added with
any kind of stamp, label or sticker.
Frequently asked questions: certifying copies
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook, see
Appendix D on pages 118-119.
FAQ 6. What interstate or overseas documents can NSW JPs certify?
JPs can certify copies of documents from other states, territories and the
Commonwealth. NSW JPs can also certify copies of original documents
from overseas.
FAQ 7. Can JPs certify copies of documents that are not in English?
Yes, you may certify copies of documents in any language. This is
regardless of whether or not you may be able to read that language.
It is important to remember that your role as a JP is limited to ensuring
that the copy is a true and accurate copy of the original. See Step 2 on
page 57 of this section for more details.
If the document is in a language other than English, you should watch the
copy be made by a copying machine in front of you (instead of simply
comparing the copy with the original). This is because, if you cannot read
the other language, you may not notice a tiny dierence on the copy that
changes the meaning of the original.
Functions
2.3 Certifying a copy of an original document
Performing your functions as a Justice of the Peace 61
FAQ 8. I’ve been asked to certify a copy of an electronic document.
How do I know if I am not looking at the electronic original?
There are only three acceptable ways to accept a copy of an electronic
document, as explained in Step 2 of this section on page 58.
1. You saw the paper copy printed directly from an ocial website that is
under the control of the document’s issuing authority;
2. You saw the paper copy printed directly from a computer that is under
the control of the document’s issuing authority; or
3. The electronic original is displayed live in front of you on an ocial
website or mobile application, under the control of the document’s
issuing authority.
Compare every item of information in the electronic original with its
counterpart on the paper copy, and confirm that every item of information
is the same. The screen of the mobile phone, computer or other device
must be readable despite any cracks or chips. If you are not able to confirm
by one of the above options, you should decline to certify the copy. This is
because you can't be sure you are looking at a true copy.
FAQ 9. When should a JP decline to certify a copy of an electronic
document? And what are the alternatives if I must decline?
EXAMPLE A: Mrs C asks a JP to certify a copy of her electricity bill. Mrs C
opens her own laptop computer and displays an electronic image of the
bill, which she says she downloaded from the web earlier.
In this instance, the JP is unable to confirm the electronic image original
was sourced from the issuing authority’s ocial website or a computer
under its control. The JP must decline to certify the copy.
Alternative: Mrs C could instead make a statutory declaration. The
declaration can note that it is a true copy of her original electricity bill,
which exists only in electronic form. The copy of the electricity bill should
be attached as an annexure. A JP could witness Mrs C making that
declaration. Mrs C should check first that the relevant organisation will
accept her statutory declaration in place of a certified copy.
EXAMPLE B: Mr D asks a JP to certify a copy of a building certificate
issued by Fairfield City Council. Mr D logs into his own email account and
shows the JP the certificate, which is attached to an email that was sent
from service@fairfieldcity.com.au.
As an electronic copy sent via email, there is some risk the email was not
genuinely sent from the issuing authority. The JP must decline to certify
the copy.
Alternative: Mr D could instead forward the email to the person or
organisation that requested the certified copy of the building certificate. It
would then be a matter for that person or organisation to decide whether
or not to accept and rely upon Mr D’s emailed copy, or to make their own
enquiries with the certificate’s issuing authority.
Justice of the Peace Handbook 62
2.4 Performing other functions of a JP
What is it? As a JP, you can only perform functions that are given to
a JP by or under a NSW Act or NSW Regulation.
What
functions
can I
perform?
It is not possible for this handbook to list every other
function of a JP.
However ocial forms often state the name of the
relevant NSW Act or NSW Regulation.
In general, you are not authorised to perform functions
under Commonwealth, interstate, territory or overseas
laws (other than those described in Section 2).
Important
tips
You should first check which NSW Act or NSW
Regulation gives a JP the function that you have been
asked to perform.
Apart from the functions described in Section 2, other
functions may include witnessing various kinds of legal
documents and administering special kinds of oaths.
You will probably only be called upon to perform these
other functions of a JP on rare occasions.
If you cannot identify a relevant NSW Act or NSW
Regulation, you should decline to perform the function.
If the function is given by a NSW Act or NSW Regulation,
you should follow the instructions for the JP on the
relevant document. If you cannot comply with those
instructions or any special conditions that must be met,
then you must decline to perform the requested JP
function.
Functions
2.4 Performing other functions of a JP
Performing your functions as a Justice of the Peace 63
It is not possible for this handbook to list a procedure for every function
that may be given to a JP by a NSW Act or NSW Regulation. The following
steps are suggested as a guide.
STEP 1
Check which NSW Act or NSW Regulation confers the function
You should first check which NSW Act or NSW Regulation gives a JP the
function that you have been asked to perform.
The relevant NSW Act or NSW Regulation will usually be named
somewhere on the document. You can also look up a complete version of
all NSW Acts and Regulations online at www.legislation.nsw.gov.au
If you cannot identify any relevant NSW Act or NSW Regulation, then you
must not perform that function in your capacity as a JP.
If you decide to perform the requested task anyway, you will be doing so
only in your personal capacity. This means that you should not record on
the document your JP registration number or any reference to your status
as a JP (for example, you should not include the initials ‘JP’ after your
name).
Never feel obliged to perform a function that is not given to a JP under a
NSW Act or NSW Regulation, simply because you have been asked.
STEP 2
Follow the instructions on the document
You should carefully read the instructions on the document, including
the wording of any jurat or signature panel, to understand what you are
required to do.
You should also look for any conditions you are required to meet, for
example, that you have known the person for a period of 12 months or
more. If for any reason you cannot comply with those conditions, you must
decline to perform the requested JP function.
Guidance about the meaning of ‘known the person for a period of at least
12 months’ is in Section 2.1 on page 18. Some documents may require you
to check a person’s identification and confirm their age, or NSW address.
Sometimes the document may require you to sight a specific type of
identification. When required to sight a person’s identification, you must
always sight the original, unless the document states you may sight a
certified copy.
If there are no specific instructions for how to satisfy yourself about the
person’s identity, you should follow a procedure similar to the one set out
in Steps 2 and 3 of Section 2.1 on pages 16 and 18.
Justice of the Peace Handbook 64
STEP 3
Make sure you understand the purpose and eect of the
document
You should make sure you understand the purpose and the intended eect
of the document.
This will aect the scope of any duty of care that a court might impose on
you, and any reasonable steps that you might be expected to take before
performing the function (see Step 5 on the next page). For example, your
duty of care may be greater where the document involves a substantial
transaction (such as a mortgage or sale of land).
STEP 4
Check that the person understands
You should always check that the person understands the purpose and
eect of the document, and is familiar with its contents.
Do this by asking open-ended questions, such as:
• Why do you need to complete this document?
• What is this document about?
• What will you use this document for?
• Who wrote this document?
You must decline to witness a document if you are not satisfied that the
person has capacity to execute it. More information about capacity is in
Appendix C on page 114.
If the person does not understand or speak English adequately, it is
advisable that you:
• use an interpreter who is accredited and independent (see Section 2.5
on page 71);
• read the document aloud to the person, allowing the interpreter to
repeat your words in the person’s language; and
• check that the person understands the purpose, eect and contents of
the document by asking open-ended questions through the interpreter,
as above.
Functions
2.4 Performing other functions of a JP
Performing your functions as a Justice of the Peace 65
STEP 5
Do anything else that is necessary and reasonable in the
circumstances
In general terms, to fulfil any duty of care that you might owe, you should
at least:
• carefully follow the instructions and complete all the steps in the
document;
• clarify any instructions or steps that you are not sure about;
• take steps to be satisfied of the person’s identity (as in Step 2 above),
even if that is not a specific requirement on the document (and
particularly if the document relates to a substantial financial or property
transaction);
• ask appropriate questions to make sure that the person understands the
purpose, eect and contents of the document (as in Step 4 above);
• make other enquiries as needed in the circumstances. For example, by
checking the relevant legislative provision or seeking advice if you are
unsure about exercising the function (see Section 1.3 on page 8 about
the support and information available to JPs in NSW); and
• always act honestly when performing JP functions, particularly when
signing that you have witnessed a person’s signature on a document or
been ‘satisfied’ of a specific matter or thing (see Section 1.1 on page 5:
‘Definition: What does a requirement to be ‘satisfied’ mean?’). For
example, you must not sign the document if you have not completed
all the relevant steps. You must never witness a signature that was not
made in front of you.
Other general information about the concept of duty of care is in
Section 1.2 on page 6, however, this handbook provides only general
guidance and does not contain legal advice. If you are unsure about a
particular situation, seek advice (see Section 1.3 on page 8).
STEP 6
Sign and print your full name, JP registration number and other
details
After you have seen the person sign, you should immediately sign, print
your full name, your qualification (NSW JP), and your JP registration
number in the space provided.
Your signature should always be handwritten in ink, and never added with a
stamp, label or sticker.
Generally a black or blue ink pen should be used, but you should check
whether the document specifies that a particular colour must be used. The
ink must be permanent and erasable pens must never be used.
Justice of the Peace Handbook 66
If the client has already signed
If the client has already signed the document before bringing it to you, you
must not witness that signature. You must never witness a signature that
was already on the document when it was brought to you. The client must
sign in your presence.
However you can watch the client place a fresh signature on the document.
To do this you must:
• rule a line in ink through the signature that was already on the
document;
• write your initials next to the ruled out signature (both you and your
client); and
• watch the client writing their fresh signature as close as possible to
the space provided.
Frequently asked questions: performing other functions
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook,
see Appendix D on pages 118-119.
FAQ 10. Can JPs witness documents from interstate?
NSW JPs are authorised under NSW law to take statutory declarations
and adavits for use in other states and territories and the
Commonwealth.
JPs can also certify copies of documents from other states, territories
and the Commonwealth.
FAQ 11. Can JPs witness land title documents from another state?
JPs are authorised under the Oaths Act 1900 to witness the execution of
other interstate documents, such as land titles documents from another
state or territory, where this is also permitted by the law of the other state
of territory.
There are some important clarifications to note however.
NSW JPs need to exercise caution when asked to witness property
transactions.
While NSW JPs are authorised to witness the execution of other interstate
documents, there are some important considerations to remember.
Functions
2.4 Performing other functions of a JP
Performing your functions as a Justice of the Peace 67
JPs should not be involved in the verification of identity processes
required for online conveyancing matters. 95 per cent of conveyancing
transactions are now conducted online, and are governed under
the Electronic Conveyancing National Law (NSW). As most of the
documentation is held online, a JP does not have access as an authorised
subscriber. This means that you cannot verify the document as an original
document.
Also, JPs would not usually hold the appropriate insurance or relevant
identity certification required under the eConveyancing participation rules.
However, for paper applications the NSW Conveyancing rules allow for a
certificate to be used that is signed by an eligible witness.
In this context, an eligible witness is someone who is at least 18 years of
age, and has either known the applicant for more than 12 months, or has
taken reasonable steps to verify the identity of that person. If you do
certify this form, you are not acting in your capacity as a JP. As you are not
delivering this function as a JP, you should not use your JP number.
FAQ 12. Can JPs witness documents from overseas?
NSW JPs are not authorised under NSW law to witness the execution of
documents for use overseas. This is because there may be requirements for
overseas documents that are governed by overseas laws, rather than NSW
law.
In Australia, Public Notaries are able to witness signatures on overseas
documents. You can find out more information about Public Notaries at
https://notarynsw.org.au
For example, NSW JPs cannot witness:
• overseas proof of life forms for claiming overseas pensions;
However, NSW JPs can:
• witness the Commonwealth of Australia’s Life Certificate form; and
• certify copies of overseas original documents such as a birth certificate,
if satisfied that the document is a true and accurate copy.
Justice of the Peace Handbook 68
Example: Proof of Life forms
Mr John Doe, who lives in Sydney NSW, has asked you to
witness a Dutch proof of life form, to support his overseas
pension application. However, NSW JPs are not authorised to
witness these overseas documents, as they are governed by
international laws.
You must decline to witness this proof of life form.
Instead, you can either refer Mr Doe to a Public Notary, or
the International Services Branch of Centrelink. This branch
provides support for people seeking to claim a pension from
countries where Australia has a reciprocal aged pension
agreement.
International Services Branch, Centrelink
Ph: 131 673
www.servicesaustralia.gov.au/individuals/services/
centrelink/international-services
FAQ 13. Can JPs witness wills and general powers of attorney?
Any person over the age of 18 who is not a beneficiary of the will, or an
attorney under that power of attorney, can witness a will or general power
of attorney.
If you do witness a will or general power of attorney, you are not acting in
your capacity as a JP (but as a general member of the public). As you are
not delivering this function as a JP, do not use your JP number.
Note: there are no circumstances where JPs can witness enduring powers
of attorney. They may only be witnessed by specially qualified witnesses.
Functions
2.4 Performing other functions of a JP
Performing your functions as a Justice of the Peace 69
2.5 Providing services to people from
culturally and linguistically diverse
backgrounds
The Code of Conduct for JPs in NSW states that a JP must treat all people
seeking JP services with courtesy, dignity and respect. This includes people
whose first language may not be English, or have dierent religious beliefs.
It is recommended that some adjustments be made to support people
from diverse backgrounds.
Supporting people who do not speak English
Before witnessing any statutory declaration or adavit, you must be
satisfied that the person understands the purpose, eect and contents
of the document. If a person does not speak English, you should use
an interpreter. You need to be able to rely on the interpretation being
accurate, independent and impartial.
You do not need to use an interpreter if:
• the client can read and understand written English; and
• both you and the client communicate in Auslan (or another recognised
English-language based sign language).
Even if you speak the same language as the client, you should use an
interpreter. This is because you should not perform the functions of a JP in
a spoken language other than English. If you interpret for the client, a court
might impose a duty of care on you about your language and interpreting
skills. A court might also find that you were not acting in your capacity as a
JP if you deliver your functions in a language other than English.
However, you may communicate in a language other than English before or
after the step-by-step procedure outlined. For example, to arrange a time
and place to meet, or to answer questions about the process.
For non-English speaking clients, extra steps are recommended for the
procedures outlined in Section 2.1 Witnessing a statutory declaration, and
Section 2.2 Witnessing an adavit. These extra steps are on the following
pages.
Justice of the Peace Handbook 70
Provision of interpreter services
An accredited interpreter is recommended for:
• statutory declarations about substantial financial or property
transactions, or a mortgage, borrowing or guarantor transaction; and
• adavits.
The interpreter should be accredited at a suitable level of proficiency,
through the National Accreditation Authority for Translators and Interpreters
(NAATI). NAATI’s ‘Professional Interpreter’ is the recommended minimum
level of competence for interpreting in most work settings. This includes
banking, law, health, and social and community services. An online directory
of NAATI-accredited interpreters is available on a fee-for-service basis at
www.naati.com.au
NSW Government agencies fund interpreter services when dealing with
clients. Where a NSW Government agency requires a statutory declaration,
enquiries about booking an interpreter should be directed to that agency.
In other instances, Multicultural NSW may provide interpreter
services on a fee-for- service basis. More information is available at
www.multicultural.nsw.gov.au
or by calling the Commission’s
Language Services Division on 1300 651 500.
Supporting people from dierent religious aliations
The Code of Conduct for JPs in NSW states that a JP must treat all people
seeking JP services with courtesy, dignity and respect. You should never
treat a person less favourably because of their religious aliation when
performing JP functions.
You may sometimes need to accommodate a person’s religious aliation.
When doing so, keep in mind that you are still required to fulfil the legal
requirements of the relevant JP function.
If you would like to learn more about the practices and beliefs of particular
religious aliations, read Section 4 of the ‘Equality Before the Law Bench
Book’. Although aimed at judicial ocers, it contains helpful general
information and guidance. You can access a copy of the publication on
the Judicial Commission’s website at www.judcom.nsw.gov.au
under
‘Bench Books’.
Seeing the person’s face – statutory declarations and adavits
You must see the face of the person making a statutory declaration or
adavit (see Step 2 of Section 2.1 on page 16 or Section 2.2 on page 38,
as applicable).
Religious beliefs or cultural practices are not special justifications for
a person not removing their face covering. However, you should make
reasonable eorts to accommodate the person’s beliefs, as far as it is
reasonably practical.
Functions
2.5 Providing services to people from culturally and linguistically diverse backgrounds
Performing your functions as a Justice of the Peace 71
Examples of reasonable eorts to accommodate
religious beliefs
• Ask the person to remove their face covering only to the
amount needed. You need to see the whole of the person’s
face (see Step 2 of Section 2.1 on page 16).
• Allow the person to replace their face covering as soon as
you have confirmed their identity.
• Make reasonable eorts to allow some privacy when they
remove their face covering.
• If the person is reluctant to show their face because they
are of the opposite gender, let them know that they can
have the document witnessed by another JP who is the
same gender.
If the above suggestions are not possible, then either the
person must show you their face, or you must decline to
witness the document.
Oaths and armations – adavits
When making an adavit, the person can choose between swearing
an oath or making an armation. For more information, see Step 8 in
Section 2.2 on page 44.
If the person chooses to swear an oath, they may choose to hold a holy
book or other religious text when swearing the oath. However, this is not
essential.
It is not necessary for you to have copies of holy texts available. When a
person contacts you about witnessing their adavit, it is a good idea to
ask if they choose to swear an oath or make an armation. If they wish to
swear an oath, you can suggest that they bring their own holy text.
If it is impractical for a person to swear an oath or if the person cannot
decide or refuses to decide, you can suggest that they make an armation.
For example, if the person wishes to use a holy book, but did not bring it
with them.
Justice of the Peace Handbook 72
QUICK REFERENCE:
Witnessing a statutory declaration of
a person who does not speak English
STEP 1 Check if you need an accredited interpreter
STEP 2 Confirm that the interpreter is independent and impartial
STEP 3 Follow the usual first five steps for witnessing a statutory
declaration:
STEP 4 Check the wording of the interpreter’s declaration
STEP 5 Check the client understands
STEP 6 Warn the client
STEP 7 Ask the client to declare the contents are true and correct
STEP 8 Warn the interpreter about the penalties for making a false
declaration in their interpretation
STEP 9 Ask the interpreter to declare the contents are true and correct
STEP 10 Follow the final steps for the interpreter’s declaration
• confirm that both documents are set out as a statutory
declaration;
• see the faces of both the interpreter and the non-English
speaking client;
• confirm the identity of both the interpreter and the non-
English speaking client;
• verify any blank spaces or alterations; and
• look for any annexures and make sure they have been
appropriately referred to in the statutory declaration.
• watch the interpreter sign the statutory declaration in front
of you;
• sign and print your full name, JP registration number and
other details;
• certify identity requirements have been met; and
• complete and sign the statement on each annexure (if any).
Functions
2.5 Providing services to people from culturally and linguistically diverse backgrounds
Performing your functions as a Justice of the Peace 73
STEP 11 Follow the final steps for the declarant’s declaration
STEP 12 Follow the final steps for the declarant’s declaration
• watch the declarant sign the statutory declaration in front
of you;
• sign and print your full name, JP registration number and
other details;
• certify identity requirements have been met;
• complete and sign the statement on each annexure (if any);
and
• certify in writing that the statutory declaration was read to
the non-English speaking declarant, and understood.
• watch the declarant sign the statutory declaration in front
of you;
• sign and print your full name, JP registration number and
other details;
• certify identity requirements have been met;
• complete and sign the statement on each annexure (if any);
and
• certify in writing that the statutory declaration was read to
the non-English speaking declarant, and understood.
Justice of the Peace Handbook 74
2.5.1 Witnessing a statutory declaration of a
person who does not speak English
What is it? Before witnessing any statutory declaration, you must
be satisfied that the declarant understands the purpose,
eect and contents of the statutory declaration.
What can I
witness?
You may witness a statutory declaration that is made for
use in:
Important
tips
The important tips listed in Section 2.1 on page 33 also
apply here.
If the client does not speak English, you should use an
interpreter to communicate with them during the step-
by-step procedure in this section.
Both the interpreter and the client should each make
a statutory declaration. The interpreter’s statutory
declaration must contain the appropriate wording as
included in Step 12.
The non-English speaking client needs to supply an
unsigned copy of their statutory declaration to the
interpreter, as this has to be annexed to the interpreter’s
declaration.
• NSW;
• any other Australian state or territory; or
• the Commonwealth of Australia.
The statutory declaration must be signed and witnessed
in NSW, except in certain circumstances when you are
delivering JP functions via audio-visual link (see page 14).
You need to be able to rely on the interpretation being
accurate, independent and impartial.
A statutory declaration must be written entirely in
English. All communication between the JP and the
declarant must be in English during the entire step-by-
step procedure.
You should use an interpreter, even if you speak the same
language as the client. However, you may communicate
in a language other than English before or after the
step-by-step procedure in this section (for example, to
arrange a time and place to meet, or to answer questions
about the process).
Functions
2.5.1 Witnessing a statutory declaration of a person who does not speak English
Performing your functions as a Justice of the Peace 75
STEP 1
Check if you need an accredited interpreter
Before meeting with your client, check to see if an interpreter is required,
and make arrangements if needed. Information about the provision of
accredited interpreter services is included on page 71.
If at any time during this step-by-step procedure it appears that a client
may not understand the purpose and eect of the statutory declaration,
you should decline to witness it and advise the client to arrange an
accredited interpreter.
STEP 2
Confirm that the interpreter is independent and impartial
The interpreter should not have a conflict of interest in, or receive any
benefit (financial or other) from, the client’s statutory declaration. The only
appropriate exception is payment for professional interpretation services.
For information about conflicts of interest, see FAQ 3 on page 10, ‘What is
a conflict of interest, and how should I avoid one?’.
If you rely on an interpreter who is not accredited, ideally that interpreter
should not be a relative or friend of the client. If they are, make sure that
this is clearly stated in the interpreter’s declaration.
STEP 3
Follow the usual first five steps for witnessing a statutory
declaration
For both the interpreter and the non-English speaking client, follow
the usual steps for witnessing a statutory declaration (Steps 1 to 5 in
Section 2.1).
This includes:
• checking if both documents are set out as statutory declarations;
• seeing the faces of both the interpreter and the non-English speaking
client;
• confirming the identity of both the interpreter and the non-English
speaking client;
• looking for and dealing with any blank spaces or alterations on each
statutory declaration; and
• looking for any annexures and checking that they are correctly referred
to in each statutory declaration.
Justice of the Peace Handbook 76
STEP 4
Check the wording of the interpreter’s declaration
The statutory declaration of the interpreter should use specific wording,
which confirms that the interpreter:
• has checked that the language spoken by the interpreter is the
appropriate language for the non-English speaking person;
• is fluent in both that language and English;
• is competent to interpret between both those languages (for accredited
interpreters);
• correctly interpreted the exchanges between the people present, before
the relevant documents were signed; and
• has no conflict of interest.
Recommended wording for the statutory declaration of an interpreter is
included in this section on page 80.
Note: the non-English speaking client needs to supply an unsigned copy of
their statutory declaration to the interpreter. This has to be annexed to the
interpreter’s declaration.
STEP 5
Read the statutory declaration aloud to the non-English
speaking client
You must read the statutory declaration aloud to the client in English.
Then, allow the interpreter to repeat your words in the client’s language.
STEP 6
Check the client understands
After you have finished reading the statutory declaration aloud, check that
the client understands the purpose, eect and contents of the statutory
declaration. Try asking the client open-ended questions (through the
interpreter) such as those listed in Step 6 of Section 2.1 on page 21.
STEP 7
Warn the client
You must warn the client that:
• it is a serious criminal oence to make a false declaration; and
• the penalties include imprisonment.
You must allow the interpreter to repeat your words in the client’s
language.
You should also ask appropriate questions (through the interpreter) to
make sure that they have understood the warning.
Functions
2.5.1 Witnessing a statutory declaration of a person who does not speak English
Performing your functions as a Justice of the Peace 77
STEP 8
Ask the client to declare the contents are true and correct
You must ask the client to make the declaration required by the statutory
declaration form, allowing the interpreter to repeat your words in the
client’s language.
For an ordinary NSW statutory declaration under the Oaths Act 1900
(often called an ‘Eighth Schedule’ or ‘Ninth Schedule’ declaration), you can
ask the following question:
Do you solemnly and sincerely declare the contents of this
declaration to be true and correct, to the best of your knowledge
and belief?
If it is a statutory declaration under some other law, you should check the
form carefully to see if there is any special wording required. If so, you will
need to use that wording. If not, you can use the wording as above.
It is acceptable if the client responds with words which show an armative
answer (for example, ‘Yes’ or ‘I do’), or if the person cannot speak,
alternative non-verbal armative response (such as nodding).
Note: the non-English speaking client does not sign their declaration at this
step. They sign at Step 12.
STEP 9
Warn the interpreter
You must warn the interpreter that there are penalties for making a
false declaration in their interpreter’s declaration. The penalties include
imprisonment.
STEP 10
Ask the interpreter to declare the contents are true and correct
You must ask the interpreter the same question in Step 8 above, about
their interpreter’s declaration:
Do you solemnly and sincerely declare the contents of this
declaration to be true and correct, to the best of your knowledge
and belief?
Justice of the Peace Handbook 78
STEP 11
Follow the final steps for the interpreter’s declaration
For the interpreter’s declaration, these steps as shown in Section 2.1 are:
• watch the interpreter sign their statutory declaration in front of you;
• sign and print your full name, qualification (NSW JP), JP registration
number and other details;
• certify identity requirements have been met (for a statutory declaration
under the law of NSW or any other Australian state or territory); and
• complete and sign the statement on each annexure. The interpreter’s
declaration will have at least one annexure, which will be an unsigned
copy of the non-English speaking client’s declaration.
STEP 12
Follow the final steps for the non-English speaking client’s
declaration
These steps as shown in Section 2.1 are:
• watch the client sign their statutory declaration in front of you, and also
any preceding pages of the document;
• sign and print your full name, qualification (NSW JP), JP registration
number and other details, and also sign next to the client’s signature on
any preceding pages;
• certify identity requirements have been met (for a statutory declaration
under the law of NSW or any other Australian state or territory); and
• complete and sign the statement on each annexure (if any).
You must also certify in writing, below the signature panel, that:
• the statutory declaration was read to the non-English speaking client in
your presence;
• it appeared to you that the client understood the statutory declaration;
and
• the client subscribed the statutory declaration (by signature or mark) in
your presence.
More resources to support people from diverse backgrounds
Some useful websites and resources are listed below:
• Multicultural NSW www.multicultural.nsw.gov.au
• National Accreditation Authority for Translators and Interpreters (NAATI)
www.naati.com.au
• Section 4 of the ‘Equality Before the Law Bench Book’. Access a
copy of the publication on the Judicial Commission’s website at
www.judcom.nsw.gov.au
under ‘Bench Books’
Functions
2.5.1 Witnessing a statutory declaration of a person who does not speak English
Performing your functions as a Justice of the Peace 79
Suggested wording for declaration by an interpreter
An editable document can be downloaded from the JP website
www.jp.nsw.gov.au
Declaration by accredited interpreter
I am a qualified interpreter in [name of language].
My qualification to interpret is [relevant qualifications].
I am competent to interpret between the English
language and the [other] language.
On [date] I attended at [premises] with [name of JP]
(the Justice of the Peace) and [name of declarant]
(the declarant) for the purpose of providing interpreting
services to enable the declarant to make a statutory
declaration.
I spoke to the declarant in the [name of language]
language and I established that this is their customary
language.
Before the declarant signed the statutory declaration,
I truly interpreted, to the best of my skill and ability:
• the contents of the statutory declaration (annexed
and marked ‘A’) which were read aloud to the
declarant by the Justice of the Peace;
• the warning provided to the declarant by the Justice
of the Peace; and
• the questions that the Justice of the Peace asked
the declarant.
Before the declarant made the statutory declaration,
I truly interpreted, to the best of my skill and ability,
the declarant’s responses from the [declarant’s
language] to the English language.
I do not have a personal relationship with the declarant.
Other than payment for professional service, I receive
no financial or other benefit from the matters to which
the declarant’s statutory declaration relates.
Justice of the Peace Handbook 80
Suggested wording for declaration by other interpreter
I understand and I am fluent in the English language
and the [name of language] language.
I spoke to the declarant in the [name of language]
language and I established that this is their customary
language.
Before the declarant signed the statutory declaration,
I truly interpreted, to the best of my skill and ability:
• the contents of the statutory declaration (annexed
and marked ‘A’) which were read aloud to the
declarant by the Justice of the Peace;
• the warning provided to the declarant by the Justice
of the Peace; and
• the questions that the Justice of the Peace asked
the declarant.
Before the declarant made the statutory declaration,
I truly interpreted, to the best of my skill and ability,
the declarant’s responses from the [declarant’s
language] to the English language.
I do not have a personal relationship with the declarant
[or] My relationship with the declarant is [insert nature
of relationship].
I receive no financial or other benefit from the matters
to which the declarant’s statutory declaration relates.
F unctions
2.5.1 Witnessing a statutory declaration of a person who does not speak English
Performing your functions as a Justice of the Peace 81
2.5.2 Witnessing an adavit of a person
who does not speak English
What is it?
What can I
witness?
Important
tips
Before witnessing any adavit, you must be satisfied
that the client understands the purpose, eect and
contents of the adavit.
If the client does not speak English, you must use an
interpreter during the step-by-step procedure in this
section.
Both the interpreter and the client must each swear or
arm a separate adavit. The non-English speaking
client needs to supply an unsigned copy of their adavit
to the interpreter, as this copy has to be annexed to the
interpreter’s adavit.
You may witness an adavit that is required for:
• any Australian court or tribunal;
• the registration of any instrument in Australia; and
• any arbitration in Australia.
The adavit must be signed and witnessed in NSW,
except in certain circumstances when you are delivering
JP functions via audio-visual link (see page 34).
The important tips listed in Section 2.2 on page 33 also
apply here.
You must be able to rely on the interpretation being
accurate, independent and impartial. This is necessary
to exercise your JP functions and to fulfil any duty of
care you may owe when witnessing an adavit by a
client who does not speak English.
You should use an interpreter, even if you speak the same
language as the client. However, you may communicate
in a language other than English before or after the
step-by-step procedure in this section (for example, to
arrange a time and place to meet, or to answer questions
about the process).
The adavit of the interpreter must be sworn or
armed first before the adavit of the non-English
speaking client.
The interpreter’s adavit must contain the wording set
out on page 90.
Justice of the Peace Handbook 82
QUICK REFERENCE:
Witnessing an adavit of a person
who does not speak English
STEP 1 Check that the interpreter is accredited
STEP 2 Confirm that the interpreter is independent and impartial
STEP 3 Follow the usual first five steps for witnessing an adavit
STEP 4 Check the wording of the interpreter’s adavit
STEP 5 Ask the interpreter to swear an oath or make an armation
STEP 6 Read the adavit aloud to the client
STEP 7 Confirm that the client understands
STEP 8 Warn the client
STEP 9 Ask the client to swear an oath or make an armation
STEP 10 Warn the interpreter
STEP 11 Ask the interpreter to swear an oath or make an armation
STEP 12 Watch the interpreter sign the adavit
STEP 13 Watch the client sign their adavit
• confirm that the document is an adavit;
• see the faces of both the interpreter and the non-English
speaking client;
• confirm the identity of both the interpreter and the non-
English speaking client;
• look for and deal with any blank spaces or alterations in
both adavits; and
• look for any annexures and check that they are correctly
referred to.
Functions
2.5.2 Witnessing an adavit of a person who does not speak English
Performing your functions as a Justice of the Peace 83
STEP 14 Follow the final steps for the interpreter’s adavit
STEP 15
STEP 1
Check that the interpreter is accredited
• cross out either the words I swear or I afrm at the
beginning of the adavit;
• cross out either the word sworn or the word afrmed in
the signature panel;
• add your full name, qualification (NSW JP), and JP
registration number;
• sign the signature panel in the space provided;
• sign any extra pages (if any), near the signature of the
interpreter on each page;
• certify identity requirements have been met; and
• complete and sign the statement on each annexure.
Follow the final steps for the client’s adavit
• cross out either the words I swear or I afrm at the
beginning of the adavit;
• cross out either the word sworn or the word afrmed in
the signature panel;
• add your full name, qualification (NSW JP), and JP
registration number;
• sign the signature panel in the space provided;
• sign any extra pages (if any), near the signature of the
interpreter on each page;
• certify identity requirements have been met; and
• complete and sign the statement on each annexure.
For all adavits by a client who does not speak English, you must
use a
n interpreter. The interpreter should be accredited at a suitable
level through the National Accreditation Authority for Translators and
Interpreters (NAATI). Information about the provision of accredited
interpreter services is on page 71.
It is not advisable for you to rely on an interpreter who is not accredited
at a suitable level of proficiency when witnessing an adavit by a client
who does not speak English.
You do not need an interpreter if the client can read and understand
written English, and both you and the client communicate in Auslan
(or another recognised English-language based sign language).
Justice of the Peace Handbook 84
STEP 2
Check that the interpreter is independent and impartial
The interpreter should not have a conflict of interest in, or receive any
financial or other benefit from, the client’s adavit. The only appropriate
exception is payment for professional interpretation services.
The interpreter should not be a friend or relative of the client.
For information about conflicts of interest, see FAQ 3 on page 10: ‘What is
a conflict of interest, and how should I avoid one?’.
STEP 3
Follow the usual first five steps for witnessing an adavit
For both the interpreter and the non-English speaking client, you must
follow the usual steps for witnessing an adavit as set out in Steps 1 to 5 in
Section 2.2. This includes:
• checking if both documents are set out as adavits;
• seeing the faces of both the interpreter and the client;
• confirming the identity of both the interpreter and the client;
• looking for and dealing with any blank spaces or alterations in their
respective adavits; and
• looking for any annexures and checking that they are correctly referred
to in each adavit.
STEP 4
Check the wording of the interpreter’s adavit
The adavit of the interpreter requires specific wording, which confirms
that the interpreter:
• has checked that the language spoken by the interpreter is the
appropriate language for the non-English speaking client;
• is fluent in both that language and English;
• is competent to interpret between both those languages;
• correctly interpreted the exchanges between the people present, before
the relevant documents were signed; and
• has no conflict of interest.
The recommended wording of the interpreter’s adavit is on page 90.
Functions
2.5.2 Witnessing an adavit of a person who does not speak English
Performing your functions as a Justice of the Peace 85
STEP 5
Ask the interpreter to swear an oath or make an afrmation
Interpreters must swear an oath or make an armation, where they
state they are interpreting for the client to the best of their ability, and in
accordance with the law. The interpreter’s oath or armation should say:
I swear/arm that I will truly interpret the contents of the adavit
to the deponent [client name] and also the oath/armation about to
be administered to them and all other matters and things required of
me in connection with this adavit, according to the best of my skill
and ability.
STEP 6
Read the afdavit aloud to the client
You must read the adavit aloud to the client in English. Then, allow the
interpreter to repeat your words in the client’s language.
STEP 7
Check the client understands
After you have finished reading the adavit aloud, check that the client
understands the purpose, eect and contents of the adavit.
Do this by asking open-ended questions, such as:
• Why do you need to complete this document?
• What is this document about?
• What will you use this document for?
• Who wrote this document?
STEP 8
Warn the client
You must warn the client that:
• it is a serious criminal oence to swear or arm a false adavit; and
• the penalties include imprisonment.
You must allow the interpreter to repeat your words in the client’s
language.
You should also ask the client appropriate questions (through the
interpreter) to make sure that they have understood the warning.
Justice of the Peace Handbook 86
STEP 9
Ask the client to swear an oath or make an afrmation
If you are satisfied the client understood and agreed with the contents of
the adavit, you must administer the oath or armation to the client.
You can do this by using the wording specified in the procedure for
witnessing an adavit at Step 8 in Section 2.2 on page 45.
The client must repeat the oath or armation in their own language, and
the interpreter must interpret the client’s response for you.
Note: the client does not sign their adavit at this step. They sign in Step 13.
STEP 10
Warn the interpreter
You must warn the interpreter that:
• it is a serious criminal oence to swear or arm a false adavit; and
• the penalties include imprisonment.
You should also ask the interpreter appropriate questions to make sure
that they have understood the warning.
STEP 11
Ask the interpreter to swear an oath or make an afrmation
If you are satisfied the interpreter understood and agreed with the content of
their adavit, you must administer the oath or armation to the interpreter.
You can do this by using the wording specified in the procedure for
witnessing an adavit in this section.
STEP 12
Watch the interpreter sign the afdavit
The interpreter must sign their separate adavit first, confirming that
they have interpreted the contents of the client’s adavit and oath or
armation.
The interpreter must sign in your presence.
If the interpreter’s adavit comprises more than one page, in addition
to completing the signature panel, the interpreter must also sign each
preceding page. The interpreter’s signatures should preferably be placed
at the foot of each page, or if there is no space, elsewhere on the page.
Functions
2.5.2 Witnessing an adavit of a person who does not speak English
Performing your functions as a Justice of the Peace 87
STEP 13
Watch the client sign their adavit
After the interpreter has signed their adavit, ask the client to sign the
document. The client must sign in your presence.
If the client’s adavit includes more than one page, in addition to
completing the signature panel, the client must also sign each preceding
page. The client’s signatures should preferably be placed at the foot of
each page, or if there is no space, elsewhere on the page.
STEP 14
Follow the final steps for the interpreter’s adavit
For the interpreter’s adavit, you must:
• cross out either the words I swear or I arm at the beginning of the
adavit, according to whether the interpreter has sworn an oath or
made an armation;
• cross out either the word sworn or the word armed in the signature
panel, according to whether the interpreter has sworn an oath or made
an armation;
• add your full name, qualification (NSW JP), and JP registration number
• sign the signature panel in the space provided;
• sign any extra pages (if any), near the signature of the interpreter on
each page;
• certify identity requirements have been met (see Step 11 in Section 2.2
on page 48)
8
; and
• complete and sign the statement on each annexure (see Step 12 in
Section 2.2 on page 50). The interpreter’s adavit will have at least one
annexure, which will be an unsigned copy of the non-English speaking
client’s adavit.
You do not have to certify that identity requirements have been met if the
adavit is a Commonwealth adavit (i.e. an adavit for the purpose of
proceedings in a Commonwealth court, for the purpose of or in connection
with a law of the Commonwealth, or in connection with the administration
of a Commonwealth department or agency).
Justice of the Peace Handbook
8
88
STEP 15
Follow the final steps for the client’s adavit
For the client’s adavit, you must:
• cross out either the words I swear or I arm at the beginning of the
adavit, according to whether the client has sworn an oath or made an
armation;
• cross out either the word sworn or the word armed in the signature
panel, according to whether the client has sworn an oath or made an
armation;
• certify in writing, in or below the signature panel, that the adavit was
read to the client in your presence, that it appeared to you that the client
understood the adavit, and that the client subscribed the adavit (by
signature or mark) in your presence;
• add your full name, qualification (NSW JP), and JP registration number;
• sign the document in the space provided;
• sign any extra pages (if any), near the signature of the client on each
page
• certify identity requirements have been met (see Step 11 in Section 2.2
on page 48)
9
; and
• complete and sign the statement on each annexure, if any (see Step 12
in Section 2.2 on page 50).
You must also include any information or instructions included in the
adavit. If you are unsure about the requirements of a particular adavit,
you should seek advice (see Section 1.3 on page 8).
If the adavit requires your address
Some adavit forms require you to state your address. Either a home,
business or postal address where you can be reliably be contacted is
usually enough (unless the form states that a particular kind of address
is required).
An email address is usually not acceptable (unless the form allows).
If you do not have a business or postal address and you do not wish to
give your home address, you can use the address of a JP association (if
you are a member) or the address of the Department (at the back of this
handbook, on page 127).
You do not have to certify that identity requirements have been met if the
adavit is a Commonwealth adavit (i.e. an adavit for proceedings in a
Commonwealth court, for the purpose of or in connection with a law of the
Commonwealth, or in connection with the administration of a Commonwealth
department or agency).
Performing your functions as a Justice of the Peace
Functions
2.5.2 Witnessing an adavit of a person who does not speak English
9
89
Suggested wording for adavit by an interpreter
I am a qualified interpreter in [name of language].
My qualification to interpret is [relevant qualifications].
I am competent to interpret between the English
language and the [other] language.
On [date] I attended at [premises] with [name of JP]
(the Justice of the Peace) and [name of deponent]
(the deponent) for the purpose of providing interpreting
services to enable the deponent to make an adavit.
I spoke to the deponent in the [name of language]
language and I established that this is their customary
language.
Before the deponent signed the adavit, I truly
interpreted, to the best of my skill and ability:
• the contents of the adavit (annexed and marked
‘A’) which were read aloud to the deponent by the
Justice of the Peace;
• the warning provided to the deponent by the Justice
of the Peace; and
• the questions that the Justice of the Peace asked
the deponent.
Before the deponent made the adavit, I truly
interpreted, to the best of my skill and ability, the
deponent’s responses from the [deponent’s language]
language to the English language.
I do not have a personal relationship with the deponent.
Other than payment for professional service, I receive
no financial or other benefit from the matters to which
the deponent’s adavit relates.
Justice of the Peace Handbook 90
2.6 Providing services to people with
disabilities
The Code of Conduct for JPs in NSW states that a JP must treat all people
seeking JP services with courtesy, dignity and respect. When delivering
services for people with disabilities, you should focus on the person rather
than the disability.
Follow the procedures and services required of you as a JP, while oering
extra support. When you first meet the person, you should determine the
type of disability and to what degree, if any, it will aect their ability to
complete the presented documentation. Most people will be forthright and
let you know at the outset what their disability is and if they need support.
Some general recommendations for supporting people with disability
include:
• being conscious of the volume and pace of your speech;
• confirming your language and terminology is understood;
• being patient and not completing their statements, sentences or
questions. Let them finish speaking in their own time;
• addressing your remarks directly to the person with disability, even if
they are in the company of a carer or support person;
• (if the carer is acting as an interpreter) listening to the carer and
maintaining eye contact with the person with the disability;
• paying attention to non-verbal signals, and clarifying with the person
if you are unsure;
• giving time to process and being considerate of the extra time it might
take for a person to do or say something; and
• remembering that a person’s personal space can include their wheelchair
and crutches. Do not touch or push a person’s wheelchair or move their
crutch without permission.
Supporting people with vision impairment
JPs need to be satisfied that people with vision impairment understand the
documents that they are signing, particularly for statutory declarations and
adavits. An extra step is recommended for people with vision impairment
and has been included in the step-by-step procedures. This is included on
the following page for reference.
Functions
2.6 Providing services to people with disabilities
Performing your functions as a Justice of the Peace 91
Certify the client understood (for people with vision impairment)
If it seems the client is vision impaired or cannot read, it is recommended
that you, a carer or support person, reads the entire document to the
client.
You must then certify in writing, in or below the signature panel, that:
• the declaration/adavit was read to the declarant/deponent in your
presence;
• it appeared to you that the declarant/deponent understood the
declaration/adavit; and
• the declarant/deponent signed the declaration/adavit (by signature
or mark) in your presence.
Supporting people to make a mark
Statutory declarations and adavits
In some instances, you may encounter a person who may not know how
to write their name, or is unable to write it because of a visual or physical
impairment. If the person is unable to sign, you can ask the person to make
their mark on the document.
Usually a mark is made in the form of a cross (‘X’), but it can be in any
form that is visible on the page. For example, if a person starts to sign their
name but is physically unable to complete it, the partial signature (or even
a partial letter) is sucient.
It is preferable (but not essential) that the person makes a mark in the
place for their signature.
After the client has made the mark:
• write the words This is the mark of [full name] next to or underneath
the mark. Do not write over or obscure the mark; and
• make a note on the document of any unusual circumstances that
occurred in signing or marking the document (Preferably next to or
beneath the signature panel.) This will give more information about the
mark to others who may need to rely on the document.
If the document has more than one page, it is preferable for the person,
if they are able, to place their mark at the bottom of each page (see Step 9
in Section 2.1 on page 23 or Section 2.2 on page 46, as applicable).
Justice of the Peace Handbook 92
Making a guided mark or guided signature
If the client is physically unable to sign or make a mark on the document,
another person (not the JP) can physically assist them. This can be done
by guiding their hand to make a signature or mark on the document in
your presence.
For a guided signature or guided mark to be valid, it is important that the
client has requested this help. When asked, the person needs to either say,
or positively show (verbally or non-verbally), that they would like the other
person to help them sign or make a mark.
After the client has made their guided signature or guided mark, you
should make a note on the document to the eect that:
The declarant/deponent was physically unable to sign the
declaration/adavit (you can state a reason if you wish)
The declarant/deponent said/agreed when asked (state the words
or describe the physical sign used) that they wished for [name of
other person] to help them to sign/make a mark
[name of other person] then [describe how the other person helped
the deponent/declarant to sign or make a mark] in my presence.
Documents other than statutory declarations and adavits
Often, if a document needs to be ‘signed’ by a person, it is sucient if the
person makes their mark on the document (instead of signing their name).
However, some legislation provides detailed rules about making marks and
how a mark (and, in some cases, an ordinary signature) must be witnessed
by the JP.
If you are unsure about the requirements for a particular document,
you should check the relevant legislation (see Appendix A on page 112).
Alternatively, seek advice (see Section 1.3 on page 8 about the support and
information available to JPs in NSW).
More resources to support people with disabilities
Some useful websites and resources are listed below:
• Australian Federation of Disability Organisations www.afdo.org.au
• Australian Network on Disability
www.and.org.au/pages/inclusive-language.html
• Disability Advocacy Resource Unit www.daru.org.au
Functions
2.6 Providing services to people with disabilities
Performing your functions as a Justice of the Peace 93
2.7 Frequently asked questions: about
providing JP services
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook,
see Appendix D on pages 118-119.
FAQ 14. Can I witness or certify documents for myself, or my
family members?
You cannot witness or certify a document for yourself.
For example:
ý you must not act as the witness for a statutory declaration or adavit
that you yourself are declaring, swearing or arming;
ý you must not certify a copy of your own original document, such as
your own birth certificate.
It is not recommended to witness or certify a document for a member of
your family. This is because of the potential actual or perceived conflict of
interest (see FAQ 3 on page 10). There is a risk that the document may be
rejected on that basis by the organisation that requires it.
If rejected, your family member would then need to complete the
document again, and find another JP to witness or certify it. Avoiding the
risk of such delay and inconvenience is another reason you should decline
to perform JP functions for your family members.
FAQ 15. Can I accept a form of identity if it is shown in an app
on a mobile phone?
Currently, JPs can accept the NSW digital driver licence as a form of
identification. The licence must be shown live from the Service NSW app
for it to be valid. The screen of the mobile phone must be readable despite
any cracks or chips.
The following are not acceptable:
• photograph of a driver licence; or
• screenshot of the digital driver licence.
The Department recognises that changes in the digital space are frequent.
For the most up-to-date guidance on acceptable forms of identification
(including changes to acceptable forms of digital identification), please
visit the JP website at www.jp.nsw.gov.au
.
Justice of the Peace Handbook 94
FAQ 16. The form that I am completing accepts forms of identity
that are dierent to those usually accepted by JPs. What can I do?
JPs are required to carefully read and follow the instructions on the forms
that they are certifying or witnessing. If the organisation requesting the
information has noted that they accept diering forms of identification,
then it is appropriate for you to follow those instructions.
FAQ 17. Do I need to keep a log book of the services I give
as a JP?
No, there is no requirement that you keep a log book of JP services.
However, it is a good idea to do so, especially if you frequently witness
the signing of statutory declarations or adavits.
If you choose to keep a log book, you should not record any personal
information other than the name of the client (or if it diers, the name
of the person on the document itself).
Information that you should not include in any log book includes:
• other personal information such as address, contact details, date
of birth;
• any other information or opinion about the person; or
• details about the identification document (such as a unique document
number).
If you choose to keep a log book, you may record some or all of the
following details about your JP services:
• the date, time and location you performed the JP function;
• the type of JP function you performed (for example ‘NSW statutory
declaration’);
• the name of the client;
• the type of identification document the client showed you (for example
‘NSW driver licence’ or ‘Australian passport’);
• any extra steps you took or checks you made, aside from the procedures
outlined in this handbook; and
• other general comments or observations to assist your memory.
You must not intentionally give or use personal information that you
have or had access to in the exercise of your JP functions, unless it is
in connection with the lawful exercise of your JP functions. This duty
continues to apply even after you no longer hold oce as a JP.
You should make sure that your log book is kept safely and securely at all
times, and cannot be accessed by unauthorised persons.
Whether or not you decide to keep a log book, it is important for you to
follow the procedures in this handbook every time you deliver JP services.
If you are asked to give evidence in court, but you cannot recall the
particular document in question, you will be able to truthfully describe
how you witness or certify such a document.
Functions
2.7 Frequently asked questions: about providing JP services
Performing your functions as a Justice of the Peace 95
FAQ 18. Can I use a stamp to save time when performing JP
functions?
Yes, many JPs purchase a stamp for themselves to save time handwriting
certain information. This includes their full name and JP registration
number. However, you must never use a stamp to place your signature
on a document.
The Department is unable to supply stamps for JPs to use. There is no
obligation to purchase or use any stamp when performing JP functions.
For various uses
If you choose to purchase a stamp for various uses, the following wording
is recommended:
[your full name]
NSW JP [your JP registration number]
For certifying a copy of an original document
If you choose to purchase a stamp for certifying a copy of an original
document, the following wording is recommended:
I certify this to be a true and accurate copy of the document
reported to me to be the original document.
[your full name]
NSW JP [your JP registration number]
It is not recommended that you use a stamp to insert clauses when
witnessing documents. This is because some legislative provisions might
require you to use a particular form of words. An exception is the clause
required to be inserted and signed by the JP on annexures to adavits
and statutory declarations (see Section 2.1 on page 12).
FAQ 19. How should I deal with requests to witness or certify a
very large number of documents?
When a person contacts you for JP services, it is a good idea to ask how
many documents (and pages) are involved. If a large number is involved, it
can be helpful to explain that your time will be limited. You could suggest
that the person can either schedule more than one appointment, or make
alternative arrangements if they prefer.
If you are dealing with a queue of people waiting for your JP services, it
can also be helpful to specify at the outset how many documents you can
witness or certify for each person. This means that others in the queue
do not have to wait for an excessive amount of time. If a person has more
documents than the specified limit, they would need to re-join the queue
or return at another time to have the remaining documents witnessed or
certified.
Justice of the Peace Handbook 96
The Code of Conduct for JPs states that a JP must not unreasonably refuse
to give JP services. A refusal may or may not be unreasonable, depending
on the particular circumstances. If a complaint is made to the Department
about a JP’s refusal, the Department considers the circumstances before
making a decision about the complaint.
FAQ 20. Where should I give my JP services?
You can give JP services at your workplace or another appropriate public
place, at a mutually agreed time. You are not expected to give clients your
home address or to invite them into your home.
A number of JP associations coordinate the provision of JP services in
public places. This includes shopping malls, courthouses and libraries, at
scheduled times and locations across NSW. If you would like to deliver JP
services for the community on a regular basis in this way, you can make
enquiries with one of the JP associations listed in FAQ 32 on page 110:
‘Is there a JP club or association I can join?’.
FAQ 21. Can I help someone prepare a document that I witness
or certify?
If you wish to help someone prepare a document, you must not witness
or certify that document. In particular, consider whether you might have
a conflict of interest (see FAQ 3 on page 10: ‘What is a conflict of interest,
and how should I avoid one?’).
Instead, ask the person to have the document witnessed by another JP.
FAQ 22. How can I place my signature on documents? Do I need
to use a specific pen or can I use adhesive labels? Can I place
an e-signature remotely?
Your signature must always be handwritten in ink, on the document. Your
printed name or JP registration number may be either handwritten in ink or
added with an inked stamp.
Using pens
Generally a black or blue ink pen should be used, but you should check
whether the document specifies that a particular colour must be used.
You do not need to use the same pen as the client. The ink must be
permanent and erasable pens must never be used.
Using adhesive labels
Never use an adhesive label when performing JP functions. This includes
to place your signature, or any other details such as your name or JP
registration number.
Functions
2.7 Frequently asked questions: about providing JP services
Performing your functions as a Justice of the Peace 97
This is because it may be possible for another person to remove the
adhesive label and add it to another document, which you have not
witnessed or certified. It may also be possible for someone to add a fresh
label on top of your label, to disguise your details as the witness, and use
the details of another person.
FAQ 23. Do I have to read the contents of each document I
witness?
You are not required to read the contents of every document in detail.
However, you should keep in mind the following points:
• You will need to read enough to understand the purpose and eect
of the document. You also need check for and carry out any special
instructions, and to carry out other specific steps in the procedures
outlined in this handbook.
• You must carefully read the wording of the signature panel in the
document. Make sure that you have complied with all of its requirements
before you sign the document
• If the person is blind or illiterate or an interpreter is being used, the
whole document must be read aloud to the person. See page 91 for
more information about supporting people with vision impairment.
• There might be other circumstances where, for some reason, you
need to read more. For example, if by signing the signature panel you
are agreeing that you have sighted a number of attachments, you
would need to carefully read the list of attachments. Then, check the
attachments to make sure that they are all present and correctly listed.
FAQ 24. What if I haven’t been provided with the annexures
referred to in a document?
If a statutory declaration or adavit refers to an annexure, but the
annexure is not present, you must not witness the document in that form.
The client can elect to alter the document by crossing out the references to
the annexure (see instructions for making alterations in Step 4 on page 41 or
Section 2.2 on page 32, as applicable). You can then witness the document
without the annexure.
Otherwise, if the client does not wish to remove the references to the
annexure, you must decline to witness the document.
FAQ 25. Should I keep a copy of documents I have witnessed or
certified?
No, you must not keep a copy. It is not necessary or appropriate for you to
do so.
Justice of the Peace Handbook 98
FAQ 26. What if I cannot comply with a requirement set out in
the document?
If you cannot meet a particular requirement for witnessing or certifying
a document, you must decline to witness or certify it. This is because the
document may be rejected, which may cause delay, inconvenience and/or
expense for the person requesting JP services. It could also be a breach of
your duty of care.
Depending on the relevant legislation, you might also be committing an
oence.
FAQ 27. Can I leave out some details required by a document,
such as my address?
No, you must give all the information required by the document. If the
document requires details which you do not have, you should decline to
witness or certify the document.
If the document requires your address, either a home, business or postal
address through which you can be reliably contacted is usually enough
(unless the document states that a particular kind of address is required).
An email address is usually not acceptable (unless the document allows).
If you do not have a business or postal address and you do not wish to give
your home address, you can use the address of a JP association (if you are
a member) or the address of the Department (at the back of this book on
page 127).
FAQ 28. What if someone tries to intimidate me about my JP
functions?
Most members of the community appreciate the voluntary services
provided by JPs. On rare occasions, a person may try to intimidate a JP
into witnessing or certifying a document in a way that is contrary to the
law or the procedures in this handbook.
It is important that JPs do not accept such intimidation. Generally, it is
best to give a polite refusal, explain why you cannot meet the request, and
remain firm but calm on that point. You should avoid confrontation that
may escalate.
You should report the matter to police, if you believe that the attempted
intimidation was deliberate and intentional (even if you do not believe that
the person will carry out the threat).
You can contact the police on the below details:
NSW Police Assistance Line
131 444 (for non-emergencies)
24 hours, 7 days a week
www.police.nsw.gov.au
Functions
2.7 Frequently asked questions: about providing JP services
Performing your functions as a Justice of the Peace 99
In NSW, threatening a person with intent to influence the person’s conduct
as a public ocial is an oence. It carries a maximum penalty of ten years
imprisonment. Stalking or intimidating another person with the intention of
causing the other person to fear physical or mental harm is also an oence,
with a maximum penalty of five years imprisonment. Other oences may
apply, and it would be a matter for the NSW Police Force to determine the
appropriate charges to be laid (if any).
FAQ 29. Can I refuse to witness or certify a document? For
example, if it contains oensive language or seems otherwise
inappropriate? Or, if it conflicts with my own beliefs or
opinions?
Generally, you do not need to be concerned with the content of a
document. A JP must treat all people seeking JP services with courtesy,
dignity and respect. This includes delivering JP services regardless if the
document conflicts with your own beliefs or opinions.
However, you do need to be assured that it is complete and undertake the
other steps needed to perform the relevant JP function. See also FAQ 24
on page 98: ‘Do I have to read the contents of each document I witness?’
and the procedures in Section 2. The role of a JP does not involve verifying
the truthfulness or appropriateness of the content of documents.
The procedures outlined in this handbook include a step where you warn
a client about the penalties for making a false declaration, and swearing or
arming a false adavit.
If you are asked to witness a document and you know or believe that it
contains false information or that it may be a forgery, you should decline to
witness it. An exception would be if you believe that declining would create
an immediate risk to your personal safety.
If you know, or later become aware, that a document you witnessed
contains false information, you should report the matter to the Department
as soon as possible. The Department’s contact details are at the back of
this handbook on page 127. This is because, if the client has committed an
oence, you may have a legal obligation to tell the NSW Police Force. The
Department can assist you in determining whether or not the matter has to
be reported and making any report that is necessary.
Similarly, if you have no reason to doubt the contents of a document but
something else about the circumstances causes you to be suspicious,
you should report the matter to the Department so that it can assist in
determining what steps (if any) need to be taken.
You must never misuse your position as a JP to participate in deliberate
fraudulent or other criminal behaviour. If you do so, you may be prosecuted
for criminal oences and you may be removed from oce as a JP.
Justice of the Peace Handbook 100
101 Important information about your appointment
3 Important information
about your appointment
This section provides important information
about your appointment as a Justice of the
Peace, including the public register of JPs
and how to apply for reappointment.
In this section:
3.1 Justices of the Peace Register
3.2 Keeping your details up to date: using JP Online
3.3 Your term of appointment
3.4 Code of Conduct for Justices of the Peace
3.5 Complaints about JPs and reviews of JP appointments
3.6 When your appointment as a JP ends
3.7 Frequently asked questions: about your appointment
You are responsible for your JP registration, so please read this section
carefully.
It is important that you know:
• how the JP public register works;
• about the reappointment process; and
• how to tell the Department if your details change.
3.1 Justices of the Peace register
The Justices of the Peace register (JP register) is an online public listing
of all current JPs in NSW. Take a moment to familiarise yourself with the
JP register at www.jp.nsw.gov.au
The JP register allows members of the public to search for a JP who is
available in their local area. JPs may nominate the locations where they
usually perform their functions as a JP, and the telephone numbers that
they can be reached on.
You can also use the JP register to check if a person is appointed as a
JP by entering the JP’s name or registration number.
3.2 Keeping your details up to date:
using JP Online
The Code of Conduct for JPs requires you to keep your contact details up
to date with the Department. This helps maintain an accurate JP register.
This also means that you receive important communication from the
Department about your registration, including reappointment reminders
and updates to procedures.
We protect the privacy of your personal information according to the
law governing public sector agencies in NSW. More information is in our
‘Privacy policy for the administration of JP appointments’, available online
at www.jp.nsw.gov.au
or on request to the Department.
All JPs can maintain their registration details at JP Online
. JP Online
allows you to:
• check your JP registration number and expiry date;
• notify changes in your name, address or contact details;
• apply for reappointment;
• submit changes in circumstances;
• update public register details; and
• order the JP handbook and certificate.
Detailed instructions on how to use JP Online are available at
www.jp.nsw.gov.au
Justice of the Peace Handbook 102
If you require assistance in applying for reappointment you can email the
Appointment Services Team at jp@justice.nsw.gov.au or you can visit your
local Service NSW centre.
At Service NSW centres, prospective and existing JPs are able to:
• access the internet;
• obtain assistance with establishing a JP Online account; and
• obtain assistance with establishing an email account (if necessary).
All Service NSW centres are equipped with hard copies of the JP
Handbook to assist with the completion of the JP Knowledge Test.
To find your nearest service centre, visit
www.service.nsw.gov.au/service-centre
or call 13 77 88.
If you require further assistance with the JP Knowledge Test over the
phone, you may contact the JP lnfoline on (02) 8688 0500 and a sta
member will assist with your enquiry or make an appointment to help
you later.
If you are unable to access JP Online and wish to manage your registration,
please contact the Department directly.
JP registration numbers
Each JP in NSW is issued a unique six-digit registration number. This
registration number is found on JP Online. Keep your JP registration
number where you can locate it and refer to it as needed. The Code of
Conduct for JPs states that a JP must clearly record their JP registration
number (with their full name and signature) on the document when
providing JP services.
Seven and nine-digit registration numbers, which were issued to JPs in the
past, are no longer valid and should not be used.
Changing your address or other contact details
You can keep your personal details and contact details up to date by
updating your JP Online profle
. This allows you to update:
• email, postal or residential address;
• home, work or mobile telephone numbers;
• telephone number that members of the public can use to contact you
for JP services; and
• the location where you usually perform your functions as a JP.
Detailed instructions are available at www.jp.nsw.gov.au
3.1 Justices of the Peace register
Your appointment
3.2 Keeping your details up to date: using JP Online
Important information about your appointment 103
Changing your name
You are required to notify the Department if your name has changed
under the Code of Conduct for JPs. You can only deliver JP services using
the name that appears on the JP register. You should not perform JP
services in your new name until you have received confirmation from the
Department that it has been updated on the register.
When advising the Department of a change of name, you must provide:
• a certified copy of the change of name document. For example, a
marriage certificate, or change of name document from Births, Deaths
and Marriages; and
• another document which proves that you use the new name. For example,
a certified copy of your driver licence, Medicare card or Seniors Card.
You can change your name by logging into JP Online and using
the ‘Log a change’ option. Detailed instructions are available at
www.jp.nsw.gov.au
Changing your profle listing on the JP Register
A JP can opt out of having their location and telephone numbers listed
on the JP register. This may be useful for employment-based JPs. This is
selected on the application form for appointment or reappointment.
You can also change these details at any time through JP Online.
Detailed instructions are available at www.jp.nsw.gov.au
Moving interstate or overseas
If you permanently move interstate or overseas, you should resign your
appointment as a JP in NSW. This is because you are not authorised to act
as a NSW JP while you are in another state, territory or country. You would
also no longer meet the criteria as an employment or community based
need for JP appointment. Your appointment is not transferable to another
state, territory or country.
You can resign as a JP by logging into JP Online using the
‘Log a change’ option. Detailed instructions are available at
www.jp.nsw.gov.au
Justice of the Peace Handbook 104
3.3 Your term of appointment
Criteria for appointment
A person must meet the following criteria to be appointed as a JP:
• be at least 18 years of age;
• be nominated by a NSW Member of Parliament;
• be an Australian citizen or a person who is entitled to vote at a general
election for the Legislative Assembly;
• be of good character;
• not be an undischarged bankrupt;
• meet an employment- or community-based need for appointment; and
• pass the JP Knowledge Test on JP Online.
Five-year terms
All JP appointments are for five-year terms. The start and end dates of
your term are included in your letter of appointment and available to view
on JP Online. Record these dates somewhere easy for you to locate for
future reference.
Five-year terms help the Department maintain an accurate public JP
register and an up-to-date database of JP contact details. It also means
that only JPs who remain eligible and willing to hold the oce continue
to do so.
Applying for reappointment
If you have a continuing need for your appointment as a JP, you must
apply for reappointment before the end of your five-year term. The
Department will send you a reminder email notice up to 12 months before
the end of your term. More information about the reminder process is at
www.jp.nsw.gov.au
To make sure you receive your reminder, keep your details up to date on
JP Online. It is essential that you tell the Department as soon as possible of
any changes to your email address, postal address or telephone numbers.
The reappointment process requires you to confirm your personal
information and answer questions about your eligibility to continue as a JP.
You must also successfully pass the JP Knowledge Test. You do not need
to be nominated for reappointment by a Member of the NSW Parliament.
You can apply for reappointment through JP Online from 12 months before
the end of your term of appointment. Detailed instructions are available at
www.jp.nsw.gov.au
Your appointment
3.3 Your term of appointment
Important information about your appointment 105
Lapsed appointments
If you do not apply for reappointment before your five-year term ends,
your appointment will automatically lapse. If your appointment lapses and
you wish to continue as a JP, you must submit an application for a new
appointment.
Unfortunately there is no provision in the legislation to reappoint a JP
once their appointment has lapsed. This means the Department is unable
to take into account personal circumstances and requires all JPs whose
appointment has lapsed to apply for a new appointment. You will be able
to retain your existing JP number once successfully appointed.
You must not carry out JP functions at any time while you do not
have a current appointment as a JP. If you do, it is possible that
any functions you perform are invalid. Exercising JP functions
without holding a valid appointment may also be an oence in some
circumstances.
3.4 Code of Conduct for Justices of the Peace
Your appointment as a JP is subject to the Code of Conduct for Justices of
the Peace in NSW. The Code of Conduct is at Section 5 on page 123 at the
back of this handbook. It is also available at www.jp.nsw.gov.au
The Code of Conduct establishes acceptable standards of conduct for
JPs. It clarifies standards for those JPs who may be uncertain of their
obligations. It is also useful for members of the public who are unsure
about what to expect when using JP services.
It is important that you understand and comply with the Code of Conduct.
Your appointment as a JP is reviewed if you do not comply with the Code
of Conduct.
Justice of the Peace Handbook 106
3.5 Complaints about JPs and reviews of
JP appointments
The Attorney General has issued the Department with ‘Guidelines on the
appointment of JPs: handling complaints and reviewing appointments’.
A copy is available at www.jp.nsw.gov.au
or on request to the
Department.
Complaints about a JP
A complaint about a JP can be made in writing to the Department. To help
the Department in processing the complaint, it should include information
specified in the Guidelines.
The Department will generally focus on matters about the eligibility of the
JP to continue to hold the oce, or conduct of a JP when providing JP
services. The response may include issuing the JP a reminder or warning
letter, or reviewing the JP’s appointment.
Reviews of JP appointments
A person’s appointment as a JP may be reviewed at any time if questions
arise about their suitability to remain a JP. This is prescribed by the Justices
of the Peace Act 2002 and the Justices of the Peace Regulation 2020.
This may include cases where the JP:
• is alleged to have breached the Code of Conduct for JPs;
• no longer satisfies the criteria for appointment; or
• meets the grounds for removal from oce.
If a person no longer satisfies the criteria for appointment, or meets
grounds for removal, they are obliged to notify the Department. This
can be done through JP Online using the ‘Log a change’ option. Detailed
instructions are available at www.jp.nsw.gov.au
This notice must be given as soon as possible after the JP becomes
aware of the matter concerned. A penalty applies if you do not notify the
Department. If a person’s appointment as a JP is to be reviewed, they will
be notified and given the opportunity to respond to the concerns raised.
3.4 Code of Conduct for Justices of the Peace
Your appointment
3.5 Complaints about JPs and reviews of JP appointments
Important information about your appointment 107
3.6 When your appointment as a JP ends
Your appointment as a JP ends if you:
• complete a 5-year term without being reappointed;
• resign as JP; or
• are removed from oce by the Governor of NSW.
Completing a term of oce without reappointment
Your term of appointment as a JP will automatically end after five years if:
• you did not apply for reappointment before the end of your five-year
term; or
• your application for reappointment was unsuccessful.
More information about applying for reappointment see page 105.
Resigning from oce
You can resign from your appointment at any time by logging into JP
Online using the ‘Log a change’ option. Detailed instructions are available
at www.jp.nsw.gov.au
You can also resign your appointment by writing to the Attorney General
c/- the Department of Communities and Justice. Contact details are at the
back of this handbook.
Retiring from oce
People who are granted the ‘JP (Retired)’ title will be able to keep it for life.
They will not appear on the NSW public register of Justices of the Peace
and will not be authorised to exercise JP functions.
To apply for the JP (Retired) title, JPs must:
• be of good character;
• no longer be a JP;
• be 65 years or older when their JP appointment ended; and
• have been a JP for at least 10 consecutive years.
To maintain the integrity of the JP oce, people using the JP (Retired)
title will still need to meet good character criteria. If you do not meet this
requirement, it may result in removal of the title.
To register your interest in applying for the title, please send an email to
jp@dcj.nsw.gov.au or, alternatively, call the JP Infoline on (02) 8688 0500.
Justice of the Peace Handbook 108
Removal from oce
The Governor of NSW may remove a JP from oce at any time, on the
recommendation of the Attorney General.
Criteria for removal from oce include:
• if the person becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with their
creditors or makes an assignment of their remuneration for their benefit;
• if the person becomes a mentally incapacitated person;
• if the person is convicted in NSW of an oence that is punishable by
imprisonment for 12 months or more, or is convicted elsewhere than in
NSW of an oence that, if committed in NSW, would be an oence so
punishable;
• if the person fails to take the oaths of oce within four months of the
date of their appointment and according the requirements of the Oaths
Act 1900;
• if the Attorney General is of the opinion that the person has failed to
properly carry out their functions as a JP; and
• if the Attorney General is of the opinion that the person does not satisfy
or no longer satisfies the criteria for appointment as a JP.
3.7 Frequently asked questions: about your
appointment
Some frequently asked questions about this topic are included below.
For a full list of frequently asked questions included in this handbook,
see Appendix D on pages 118-119.
FAQ 30. Can I obtain a Certificate of Appointment as a Justice
of the Peace?
You can purchase a Certificate of Appointment once you have received
confirmation of your appointment. Purchasing a certificate is optional and
is not required to perform JP services.
This can be purchased through JP Online at www.jp.nsw.gov.au
FAQ 31. Is there a JP club or association I can join?
Yes, there are a number of JP associations in NSW that you can join.
These are private associations, and oer a range of services including
events and education. A number of JP associations also organise JP
community desks in public spaces, such as shopping malls, libraries and
courthouses across NSW.
Membership is generally charged at a nominal fee. There is no obligation
for a JP to join any association.
3.6 When your appointment as a JP ends
Your appointment
3.7 Frequently asked questions: about your appointment
Important information about your appointment 109
JP associations in NSW include:
• NSW Justices Association www.nswja.org.au
• Northern NSW Federation of JPs ww w.nnswfjps .org
• Tweed Valley Justices Association www.tweedvalleyjp.com.au
FAQ 32. I can’t access my JP Online account (due to incorrect
password or username). What can I do?
If you are having trouble logging into JP Online, you can reset your
password online.
At the JP Online log in page, select the Trouble logging in? option and
follow the instructions on screen. You can choose to reset your password
or email your username to your registered email address.
If you cannot reset your password or access your registered email address,
contact Appointment Services. Details are at the back of this handbook on
page 127.
FAQ 33. I’m having difculty with the JP Knowledge Test.
What can I do?
This handbook has all the information needed to successfully pass the
JP Knowledge Test. Remember that you can take the test as many times
as you need.
If you have been unsuccessful in passing the test, you can view your
results at the end of each attempt. From the end of the test, select view
results and for each question, you will be shown a reference to the relevant
section of the JP Handbook.
The JP Knowledge Test is necessary to make sure that JPs are familiar with
the roles and responsibilities of a JP as outlined in JP Handbook. This is a
requirement of the JP Code of Conduct.
Justice of the Peace Handbook 110
4 Appendices
111Appendices
Appendix A:
state, territory and Commonwealth laws
The following is a list of the state, territory and Commonwealth laws
under which a statutory declaration or adavit may be made, in or for the
relevant jurisdiction:
10
Commonwealth Statutory Declarations Act 1959
(for statutory declarations)
Evidence Act 1995
(for adavits)
NSW Oaths Act 1900
Victoria Evidence (Miscellaneous Provisions) Act 1958
Queensland Oaths Act 1867
Western Australia Oaths, Adavits and Statutory Declarations Act 2005
South Australia Oaths Act 1936
(for statutory declarations and adavits)
Evidence (Adavits) Act 1928
(for adavits)
Tasmania Oaths Act 2001
ACT Statutory Declarations Act 1959 (Cth)
(for statutory declarations)
Oaths and Armations Act 1984
(for adavits)
Northern Territory Oaths, Adavits and Declarations Act 2010
The following NSW Acts and Regulations are also relevant:
Justices of the Peace Act 2002
JP Regulation 2020
Oaths Regulation 2017
A complete version of all NSW Acts and Regulations in force is
at the website www.legislation.n sw.gov.au
This is the ocial
NSW Government website for online publication of legislation. It is
recommended that you do not rely on any other websites to check
legislation, as they do not have the ocial versions of NSW Acts and
Regulations, and may not be up to date.
10 This is not a full list, because other legislation may be relevant to adavits,
such as various court rules.
112 Justice of the Peace Handbook
Appendix B:
approved identification documents
Any one of these approved identification documents is acceptable, as
long as it has not expired. The only exception is for an Australian passport,
which is acceptable if it expired no more than two years ago. You must not
accept any identification document that has been cancelled.
• A driver licence or permit with a photograph of the person in whose
name the licence is issued, whether issued in Australia or another
country, including a digital driver licence
• A NSW photo card issued under the Photo Card Act 2005
• An Australian proof of age card, which contains the photograph of the
person in whose name the card is issued
• An Australian passport (either current or expired less than two years
ago)
• A passport or similar document with the person’s photograph and
signature issued by another country or by the United Nations (with an
English language translation if not in English)
• A national identity card issued by another country or the United
Nations for identification with the person’s photograph and signature
(with an English language translation if not in English)
• An Australian citizenship certificate
• A foreign citizenship certificate (with an English language translation if
not in English)
• A birth certificate, whether issued in Australia, another country or by
the United Nations (with an English language translation if not in English)
• A birth extract issued by an Australian state or territory
• An integrated birth certificate as issued by the state of NSW
• A pension card issued by Centrelink that entitles the person in whose
name the card is issued to financial benefits
• A credit card or passbook from a bank, building society or credit union
• An account or statement of account from a bank, building society or
credit union, up to one year old
• A Medicare card, pensioner concession card, Department of Veterans’
Aairs entitlement card or other entitlement card issued by the Federal
or any State Government
• An electoral enrolment card or other evidence of enrolment as an
elector, up to 2 years old
• A student identity card or a certificate or statement of enrolment
up to two years old from an educational institution and including a
photograph.
• In the case of an inmate, an inmate identification card, or other
document containing information identifying the inmate and including
a photograph, prepared or used by the correctional centre in which the
inmate is held
Appendices
Appendix A | Appendix B
Appendices 113
• In the case of a forensic patient, a residential identity card, or other
document containing information identifying the patient and including a
photograph, prepared or used by the mental health facility, correctional
centre or other place in which the patient is detained
• In the case of a mental health patient other than a forensic patient, a
residential identity card, or other document containing information
identifying the patient and including a photograph, prepared or used
by the mental health facility to which the patient is admitted
• A police identification card issued to a police ocer by the
Commissioner of Police
A copy of one of the above identification documents is acceptable if the
copy has been certified as a true copy. The following people are authorised
to provide certification:
• Justice of the Peace;
• Public Notary;
• Commissioner of the Court for taking adavits;
• Australian legal practitioner authorised to take and receive any adavit;
• the NSW Registrar-General;
• a Deputy Registrar-General; or
• other person authorised by law to administer an oath.
However, the person who certified the copy must not be the same person
who is witnessing the statutory declaration or adavit.
You must not accept a certified copy of an identification document if the
copy shows that the original has expired (except for an Australian passport,
which is acceptable if it expired no more than two years ago) or that the
original has been cancelled.
Appendix C:
capacity and competence
You can and should always assume that a person has capacity and is
competent. However, situations may arise where you need to query
a person’s legal capacity and legal competence in delivering your
JP functions.
Definition of capacity and competence in a legal sense
A person has capacity if they suciently understand the
general nature of the decision they are being asked to make
or the act they are being asked to perform.
A person is competent if they are mentally and physically
able to do it.
Justice of the Peace Handbook 114
Circumstances where a person may lack capacity include:
• where the person is a minor (under 18 years of age);
• is elderly or infirm; or
• appears to have an intellectual or cognitive impairment.
Circumstances where a person may lack competence include:
• where the person has a cognitive impairment or
• if the person has diculty communicating in English.
If you are concerned that a person might not have capacity or might not
be competent, take the following steps before witnessing the person’s
signature.
Capacity
If you are concerned about a person’s capacity, ask open-ended questions
about the purpose, eect and contents of the document.
Statutory declarations
In the case of a statutory declaration, ask questions to check that the client
understands the following:
• the purpose for the statutory declaration (for example, to ‘tell my story’
or ‘give information’ to the organisation that requires the declaration);
• the purpose that an organisation is likely to use the declaration (for
example, to issue a licence or cancel a fine);
• what they have said in their declaration (its contents);
• that it is important to tell the truth in the declaration; and
• what can happen to the person if they don’t tell the truth in their
declaration (that it is a serious criminal oence to make a false
statement, and that the penalties include imprisonment).
If you are satisfied that the person understands these things, you may
witness the statutory declaration in the usual way (see Section 2.1 on
page 12). If you are not satisfied, you must decline to witness the
statutory declaration.
Afdavits
In the case of an adavit, ask questions to check that the client
understands the following:
• the purpose for the adavit (for example, to ‘tell my story to the court’);
• what they have said in their adavit (its contents);
• what it means to swear an oath (for example, ‘promising [name of
religious deity] that I am telling the truth’) or to make an armation
(for example, ‘promising that I will tell the truth’); and
• what can happen to the person if they don’t tell the truth in their
adavit (that it is a serious criminal oence to make a false statement,
and that the penalties include imprisonment).
Appendi ces
Appendix C
Appendices 115
If you are satisfied that the person understands these things, you may
witness the adavit in the usual way (see Section 2.2 on page 32).
There may be instances where a person doesn’t understand what is
meant by ‘swearing’ or ‘arming’ their adavit. However, if the person
can respond rationally to your questions and understand the dierence
between a truth and a lie, you may use the following modified procedure:
1. Tell the person that it is important to tell the truth in their adavit.
2. Ask the person to declare that they will not tell lies in their adavit.
3. If the person agrees that they will not tell lies, you should cross out
‘Sworn’ or ‘Armed’ in the signature panel and instead write ‘Declared
pursuant to s.32 of the Oaths Act 1900’.
4. The person signs the adavit in the usual way.
5. You can then sign your name in the signature panel and on each page
in the usual way (if there are any annexures, you should amend each
annexure certificate by crossing out ‘Sworn/Armed’ and instead write
‘Declared’ before you sign the certificate).
However, you must decline to witness the adavit if the following applies:
• the person does not understand the dierence between the truth and a lie;
• the person is not able to respond rationally to questions; or
• if you are concerned for some other reason that the person does not
have capacity.
Other documents
If the document relates to a transaction of some kind, it is important to ask
appropriate questions to satisfy yourself that the person understands:
• the general nature of the transaction (for example, ‘selling my house’);
• the main choices involved (for example, the person chose between
selling or not selling and chose to accept the sale price oered); and
• the consequences of the transaction for the person (for example, the
person will receive money from the sale and the house will not belong to
them anymore).
The greater the consequences of the transaction for the person, the more
care you need to take to make sure that the person understands.
If you are satisfied that the person understands these things, you
may witness the document in accordance with the instructions on the
document.
If you are not satisfied that the person has capacity, you must decline to
witness the document.
Justice of the Peace Handbook 116
More information about capacity
You can read more about legal capacity in the following publications:
• ‘When a client’s capacity is in doubt: A Practical Guide for Solicitors’,
which is published by the Law Society of NSW. A copy is available on the
Law Society’s website at www.lawsociety.com.au
under ‘Resource
Centre’, ‘Areas of Law’, then ‘Elder Law’.
• ‘Capacity Toolkit’, which is published by the NSW Department of
Communities and Justice. A copy is available on the Department’s
Diversity Services website
• ‘Equality Before the Law Bench Book’, which is published by the Judicial
Commission of NSW. A copy is available on the Judicial Commission’s
website at www.judcom.nsw.gov.au
The Bench Book provides
guidance about capacity to swear or arm, and about the kinds of
adjustments that can be made for, and tips to assist communicating
with:
– people with disabilities
(especially Sections 5.3.1 and 5.4.2 of the Bench Book);
– children and young people
(especially Sections 6.3.2 and 6.3.4 of the Bench Book);
– Aboriginal and Torres Strait Islanders
(especially Section 2.3.3 of the Bench Book); and
– people from non-English speaking backgrounds
(especially Sections 3.3.1, 3.3.3 and 3.3.5 of the Bench Book).
Competence
If you are concerned about a person’s capacity, consider whether this can
be addressed by providing reasonable help. For example:
• reading documents aloud to a person who has a visual impairment;
• using simpler language to communicate with a child or with a person
who has a cognitive impairment;
• allowing a person who has diculty communicating in English to be
assisted by an interpreter (see Section 2.5 on page 71); or
• having someone physically assist the person to sign the document
(see Section 2.6 on page 91).
Appendi ces
Appendix C
Appendices 117
Appendix D:
list of frequently asked questions
This is a list of all frequently asked questions included in this handbook,
and their page reference.
Page
FAQ 1 Where do I get my authority to perform the role of JP? 9
FAQ 2 What if a person asks me for legal advice? 9
FAQ 3 What is a conflict of interest, and how should I avoid one? 10
FAQ 4 Can I ask a person to remove their face mask to 31
confirm their identity?
FAQ 5 What special requirements should I look out for in 50
adavits about divorce?
FAQ 6 What interstate or overseas documents can NSW JPs 61
certify?
FAQ 7 Can JPs certify copies of documents that are not in 61
English?
FAQ 8 I’ve been asked to certify a copy of an electronic
62
document. How do I know if I am not looking at the
electronic original?
FAQ 9 When should a JP decline to certify a copy of an
62
electronic document? And what are the alternatives
if I must decline?
FAQ 10 Can JPs witness documents from interstate? 67
FAQ 11 Can JPs witness land title documents from another 67
state or territory?
FAQ 12 Can JPs witness documents from overseas? 68
FAQ 13 Can JPs witness wills and general powers of attorney? 69
FAQ 14 Can I witness or certify documents for myself, or my 94
family members?
FAQ 15 Can I accept a form of identity if it is shown in an app 94
on a mobile phone?
FAQ 16 The form that I am completing accepts forms of 95
identity that are dierent to those usually accepted
by JPs. What can I do?
FAQ 17 Do I need to keep a log book of the services I give 95
as a JP?
Justice of the Peace Handbook 118
Page
FAQ 18 Can I use a stamp to save time when performing 96
JP functions?
FAQ 19 How should I deal with requests to witness or certify 96
a very large number of documents?
FAQ 20 Where should I give my JP services? 97
FAQ 21 Can I help someone prepare a document that I witness 97
or certify?
FAQ 22 How can I place my signature on documents? Do I
97
need to use a specific pen or can I use adhesive labels?
Can I place an e-signature remotely?
FAQ 23 Do I have to read the contents of each document I 98
witness?
FAQ 24 What if I haven’t been provided with the annexures 98
referred to in a document?
FAQ 25 Should I keep a copy of documents I have witnessed
98
or certified?
FAQ 26 What if I cannot comply with a requirement set out 99
in the document?
FAQ 27 Can I leave out some details required by a document, 99
such as my address?
FAQ 28 What if someone tries to intimidate me about my 99
JP functions?
FAQ 29 Can I refuse to witness or certify a document? For 100
example, if it contains oensive language or seems
otherwise inappropriate? Or, if it conflicts with my
own beliefs or opinions?
FAQ 30 Can I obtain a Certificate of Appointment as a Justice 109
of the Peace?
FAQ 31 Is there a JP club or association I can join? 109
FAQ 32 I can’t access my JP Online account (due to incorrect 110
password or username). What can I do?
FAQ 33 I’m having diculty with the JP Knowledge Test. 110
What can I do?
Appendi ces
Appendix D
Appendices 119
Index
Subject Page
adavit .............................................................................................................32-52, 115-116
adavit, for a person who does not speak English....................................... 82-93
arm, armation .................................................................. 44-47, 72, 82, 84, 86-89
alterations ...................................................................................15, 19, 41, 73, 76, 85, 98,
annexure.................................................................................................................................12
appointment (as a JP)............................................................................................. 101-110
blind....................................................................................................................21, 27, 44, 50
illterate...............................................................................................................21, 27, 44, 50
CALD (culturally and linguistically diverse backgrounds) ..................................70
certificate of appointment............................................................................................109
certify (a copy)..........................................10, 17, 25-27, 39, 48-62, 67-68, 73-74, 79,
84, 88-92, 94-100
Code of Conduct for JPs in NSW ...................................................................... 123-126
competence ................................................................................................. 114-115, 117, 125
complaints .......................................................................................................................... 107
conflict of interest........................................................................... 10, 76-77, 85, 94, 97
conveyancing matters ......................................................................................................68
copy..............................................................52-54, 56-62, 77, 82, 88, 94, 96, 98, 104
declare.....................................................................................................................22, 78, 116
declarant.........................................................................................12-13, 23, 27, 74-75, 92
deponent.......................................................................................... 32, 46-47, 50, 90, 92
disability...........................................................................................................................91-93
divorce..............................................................................................................................50-51
duty of care........................................................................................................................ 6-7
electronic documents........................................................................................54, 62, 94
face coverings, masks, niqab, burka ............................................ 16-17, 38-39, 71-72
identity, confirming of ...............................4, 68, 72-76, 79, 85, 88-89, 94-95, 125
identification documents .................................................................................94, 113-114
interpreter ..............................................................................................................65, 70-90
interstate ........................................................................................................61, 63, 67, 104
JP register..................................................................................................................102, 104
JP registration number ..................................................................................................103
jurat (signature panel) ...........................................................12, 84, 87-89, 92, 98, 116
Justice of the Peace Handbook 120
Subject Page
log book.................................................................................................................................95
personal information...................................................................................... 95, 102, 105
oath ...........................................................................32, 4, 10, 44-47, 72, 86-89, 114-115
original document........................................................ 4, 6, 53-56, 58-59, 68, 94, 96
overseas documents ..................................................................................61, 68-69, 104
proof of life form ................................................................................................................69
reappointment.................................................................................................105-106, 108
retiring ..................................................................................................................................108
remote witnessing.......................................................................................................14, 34
satisfied, to be satisfied .................... 4-5, 14,17, 31, 34, 39, 44, 48, 52-53, 56-59,
65-68, 75, 115-116, 125
signature panel.........................................................................12, 84, 87-89, 92, 98, 116
subscribed..................................................................................................................... 79, 89
stamp.................................................................................97-98, 2-25, 47-48, 59, 61, 66
statutory declaration ....................... 12-14, 16-27, 34, 42, 59, 62, 70-71, 75-79, 115
sticker (adhesive label) ............................................24-25, 47-48, 59, 61, 66, 97-98
support for JPs ..................................................................................................................... 8
vision impairment................................................................................................27, 44, 50
wills..........................................................................................................................................69
witness, witnessing.....................4, 10, 12-13, 16-25, 39, 48, 51, 59, 62-63, 65-69,
72-75, 79, 84, 88-92, 94-100, 125
witnessing (remote).................................................................................................... 14, 34
Appendices
Index
Appendices 121
Justice of the Peace Handbook 122
123 Code of Conduct for Justices of the Peace
5 Code of Conduct for
Justices of the Peace
1 Access to services
1) A Justice of the Peace must not unreasonably refuse to provide
Justice of the Peace services and must treat all persons seeking
such services with courtesy, dignity and respect.
2) A Justice of the Peace must deal with requests for Justice of the
Peace services in a timely manner.
2 Conduct and integrity
1) A Justice of the Peace must not engage in dishonest activities or
conduct themself in such a way as to bring the oce of Justice of
the Peace into disrepute.
2) A Justice of the Peace must keep safe and must not reveal
information which is private, confidential or commercially sensitive
and which the Justice of the Peace has obtained when providing
Justice of the Peace services, unless authorised by law.
3) A Justice of the Peace must remain independent and impartial
when providing justice of the peace services.
4) If a Justice of the Peace has a personal, family, financial or business
interest in a matter before them and is satisfied that there is a
conflict of interest, the Justice of the Peace should decline to
provide such services in that matter.
5) If the term of appointment of a Justice of the Peace expires and
the person has not been reappointed or if the Justice of the Peace
has been removed from oce by the Governor, the person must
immediately cease providing Justice of the Peace services.
3 Financial and personal beneft
1) A Justice of the Peace must not charge a fee or accept a gift for
providing Justice of the Peace services.
2) A Justice of the Peace must not use the title of Justice of the Peace
to advance or appear to advance their business, commercial or
personal interests, but a Justice of the Peace may use the title
of a Justice of the Peace after their name on a business card or
letterhead (whether in hard copy or electronic form).
Justice of the Peace Handbook 124
4 Knowledge and competence
1) A Justice of the Peace must be familiar with and follow the
provisions in the Department of Community and Justice’s
publication Justice of the Peace Handbook and in any guidelines
issued by the Minister with respect to the exercise of specified
functions by Justices of the Peace under the Act.
Note. The Handbook is available at www.jp.nsw.gov.au
2) When providing Justice of the Peace services, a Justice of the
Peace must clearly record their Justice of the Peace registration
number together with their full name and signature on the
document.
3) A Justice of the Peace must never witness a document unless
they are satisfied as to the identity of the person and has seen the
person sign the document.
4) Where an Act of Parliament provides that a declaration or
instrument be signed or attested by a Justice of the Peace, the
Justice of the Peace must do so in accordance with any instructions
under that Act and any instructions on the declaration or
instrument.
5) A Justice of the Peace must not oer legal advice in their capacity
as a Justice of the Peace.
5 Notifications
1) A Justice of the Peace must, as soon as practicable after:
a) being convicted of a criminal oence, or
b) being found to have acted dishonestly by any court, tribunal,
inquiry, regulatory agency, complaint handling or dispute
resolution body or professional, business, trade or industry
association, or
c) becoming bankrupt or making any debt agreement or personal
insolvency agreement under the Bankruptcy Act 1966 of the
Commonwealth, or
d) being disqualified from being involved in the management
of any company under the Corporations Act 2001 of the
Commonwealth, or
e) being suspended or disqualified from holding any licence,
registration, certificate or membership in relation to any
profession, business, trade or industry,
notify the Department of Justice in writing of that matter.
Code of Conduct
Code of Conduct for Justices of the Peace 125
2) A Justice of the Peace must notify the Department of Justice in
writing of any of the following changes as soon as practicable
after that change:
a) a change to the name of the Justice of the Peace,
b) a change to their postal or email address,
c) a change to the telephone number on which the Justice
of the Peace can be contacted in relation to Justice of the
Peace services.
Justice of the Peace Handbook 126
127 Contacting the NSW Department of Communities and Justice
6 Contacting the NSW
Department of Communities
and Justice
Appointments and Applications
Department of Communities and Justice
Locked Bag 5000
Parramatta NSW 2124
www.jp.nsw.gov.au
jp@dcj.nsw.gov.au
Phone: (02) 8688 0500
You can send any mail to the Attorney General c/- the Department
of Communities and Justice at the details above.
Contact
128 Justice of the Peace Handbook
