For the affidavit to be valid, the following steps must be followed: You must also use an updated form like the one on this page. If you need someone to help you, they must also be present via an audiovisual link when signing the affidavit. To submit an affidavit, download and complete the affidavit form below. On this page, you will learn how to make an affidavit in Victoria. You can type or write the affidavit before an authorized witness visits, but you cannot sign it yet. You have to do it in front of the witness. Prepare the affidavit, but do not sign it until you have met the witness. “I, [your full name] of [your address], declare that the contents of this affidavit are true and accurate.” By signing it, you agree that the information it contains is true, and you may be charged with perjury if the information is false. By signing it, you agree that the information contained therein is true. You can be charged with a crime if the information is false. You can receive a fine of up to 600 penalty units, imprisonment for up to 5 years, or both.
An affidavit is a written statement that a person swears, confirms or declares true in the presence of an authorized witness – usually a justice of the peace, lawyer or notary. The next step is to have the affidavit testify by one of many authorized persons, such as: An affidavit is a written statement that you sign in the presence of an authorized witness and that you declare true and accurate. The authorized witness must sign the certificate and attach his or her witness qualification to the affidavit. Once the applicant (the person making the affidavit) and the witness have signed the document, the copy of the affidavit must be sent to the support person before it is completed. You must continue to use the affidavit form available on this page. The supporter must then send the document to the person making the affidavit to complete the affidavit. In accordance with section 30 of the Oaths and Solemn Affirmations Act 2018 (which came into force on 1 March 2019), formerly the Evidence (Miscellaneous Provisions) Act 1958, the list of persons who may testify before affidavits includes: Please note that if your affidavit requires copies of documents, copies of those documents cannot currently be certified remotely. You must have copies of all required documents certified in person. A New South Wales legal declaration is made under the Oaths Act 1900. The law includes 2 alternative formats for an affidavit, and you can use whatever best suits your needs: Templates for an affidavit are also available in PDF format or as an editable DOC form on the New South Wales Department of Justice website. You must sign and date the last page of the affidavit. Legal statements are used for many purposes, including: In some cases, you may need help making an affidavit.
For example, you might need someone to translate the document for you. Affidavits can now be taken remotely to maintain physical distancing and slow the spread of coronavirus (COVID-19). The normal rules for making an affidavit still apply, but now you can also do it via an audio-visual connection with an authorized witness. To make an affidavit, complete and print the affidavit form online, or download and complete the Word or PDF form, and have it testified by one of the many authorized witnesses (see list of authorized witnesses below). You can also get a copy of most court records and police stations. If the affidavit is accompanied by attachments, you must also do the following. You must make copies of each document and certificate identifying the document as evidence and attaching each document and its certificate to each other. At the end of the copy of the affidavit and at the end of each certificate (if applicable), you will receive in return from the witness, type or write: If the affidavit refers to a separate document, you must sign a certificate attached to the document that identifies it as an attachment to the affidavit. You can download a template for the certificate below.
If you wish to make an affidavit remotely, please read the following information. As of January 1, 2020, affidavits must follow the following procedure. This process is outlined in the Oaths and Solemn Affirmations Act, 2018. List of Statements Commissioners – persons who may testify before affidavits under the Evidence Act, 2001 If you wish to attach a certified copy of an original document to the affidavit, the certification process cannot be done via a live audiovisual connection.