Following consultation earlier this year, the Attorney-General of South Australia has changed the laws in South Australia governing the making and witnessing of statutory declarations and affidavits under the Oaths Act 1936 (SA) (Oaths Act). These changes will commence on 1 January 2025. You can find the entire update in the Gazette here.
Does this apply to me?
Psychologists are approved by the Commonwealth Attorney-General’s Department as well as the South Australian Attorney-General’s Department to witness a statutory declaration (refer to Authorised Witnesses), as such you may be asked to perform this role due to your registration as a psychologist.
As changes include the ability to sign Statutory Declarations remotely, psychologists in all states and territories of Australia may be asked to sign these documents.
What will these changes mean?
These changes mean that witnesses can witness the declarant's signature either in person or by allowing for remote witnessing through telehealth, using video conferencing, and witness their identification either in person or remotely through teleconferencing.
Statutory declarations in circumstances where the authorised witness and the declarant meet remotely through an audio-visual link may be signed by the declarant and the authorised witness, even if the declarant or witness (or both) are located outside the State.
The changes to the Oaths Act also allow for the witness to make reasonable modifications to the process of making a statutory declaration if the declarant has a disability that prevents them from making the declaration in accordance with the Act, or is a child who is under 18 years old. They allow, for example, a hearing-impaired person to read and sign the oral declaration instead of saying it aloud, or for a person who is unable to speak to listen to the statutory declaration being read and nod their assent. They also allow for those who are blind or illiterate to be read the declaration and make an oral declaration.
You are also able to meet the requirement for a declarant or an authorised witness to sign or initial a statutory declaration, annexure or other document attached to a statutory declaration, if the declarant or the authorised witness signs or initials the statutory declaration, annexure or other document by electronic means, as long as you have verified the person and their intention regarding making the statutory declaration.
How do I document this?
If you do witness a statutory declaration remotely through teleconferencing, you must include the following wording on the declaration –
This declaration was taken remotely under the observation of the authorised witness through an audio-visual link and the requirements under the Oaths Act 1936 for taking declarations by audio visual link were complied with.
If a declarant needs assistance to make a statutory declaration, the witness must write on the face of the statutory declaration the name and address of the person who provided the assistance and explain the nature of the assistance that was provided unless this person was a legal practitioner or a registered conveyancer.
The witness and the declarant can sign or initial a statutory declaration, annexure or other document attached to a statutory declaration by signing or initialling the statutory declaration, annexure or other document by electronic means. If you do sign electronically, you must include a statement that the declaration was signed or initialled by electronic means.
What else do I need to know about signing Statutory Declarations
In order to meet the requirements for signing statutory declarations, you need to be familiar with the Code of Practice – Statutory declarations prior to signing. The current Code of Practice can be accessed here. This Code of Practice will be updated on 1 January 2025 to include the changes outlined in this summary. If you would like to view this before 1 January 2025, you can find details in the Gazette here.