In NSW, authorised witnesses for statutory declarations include legal professionals, Justices of the Peace (JPs), and other approved persons under the Oaths Act 1900 (NSW) and associated regulations. The categories of authorised witnesses for remote witnessing are the same as for in-person witnessing.

Requirements for Remote Witnessing

To validly witness a statutory declaration via audio-visual link, you should generally follow these steps:

1. Real-Time Connection

   • The witness must observe the declarant sign (or acknowledge the signature) live via video conference.
   • Pre-recorded videos or photos of the signature are not valid.

2. Identity Verification

   • The witness should take reasonable steps to confirm the declarant’s identity.
   • This could include checking photographic ID on camera or using other reliable methods.

3. Witnessing the Signature

   • The declarant physically signs the statutory declaration in view of the camera.
   • The witness must see the act of signing or see the signed document

4. Endorsement by the Witness

   • The witness can sign:
     1. A counterpart (an identical copy) of the document, or
     2. A scanned copy of the signed original, or
     3. Electronically on the same document (e.g., using an electronic signature platform).
   • Ensure the final witnessed document (or counterpart) matches the content the declarant signed.

5. Remote Witnessing Clause

   • The witness should note on the document (or counterpart) that it was witnessed via audio-visual link, for example:

     “This document was signed and witnessed by audio-visual link in accordance with s 14G of the Oaths Act 1900 (NSW).”

6. Record-Keeping (Recommended)

   • While not strictly required to video-record the process, maintaining a clear record of the date, time, and method of witnessing can be helpful if the validity is later questioned.

Practical Steps for Declarant and Witness

1. Schedule a Video Call

   • Use a reliable, real-time audio-visual platform (e.g., Zoom, Microsoft Teams, FaceTime).

2. Pre-Check the Document

   • Both parties have a copy of the statutory declaration prior to the call.
   • Confirm the declarant has the document ready for execution.

3. Verify Identity

   • The declarant shows ID on camera.
   • The witness verifies that the ID details match those on the declaration.

4. Sign and Declare

   • The declarant signs in full view of the camera.
   • They verbally confirm they are making the statutory declaration under the Oaths Act 1900 (NSW).

5. Witness Signs

   • The witness signs on a counterpart or the same electronic file (using e-signature if needed).
   • The witness inserts a note about remote witnessing (citing the applicable Oaths Act section).

6. Complete and Distribute

   • Finalise the fully signed version with the witness’s endorsement.
   • The declarant then lodges or submits the statutory declaration as required.

Potential Pitfalls

• Poor Video Quality

  • The connection must allow the witness to clearly see and hear the declarant.

• Incorrect Clause

  • Failing to note the remote witnessing method on the document can invalidate the process.

• Inadequate Verification

  • Not confirming identity thoroughly could undermine the validity of the declaration.

• Uncertainty Over Location

  • Ensure the witness is authorised to witness statutory declarations (e.g., an NSW JP or solicitor), even if they are physically located elsewhere, as some bodies may have specific rules on jurisdiction.

Final Thoughts

Remote witnessing of statutory declarations in NSW is now a permanent option under the Oaths Act 1900 (NSW) and accompanying regulations. As long as you follow the mandated steps—real-time observation, proper identity checks, clear endorsements, and correct document handling—the statutory declaration will be as valid as if signed in person.