Witnessing Documents

University officers are often called upon to witness another person's signature on a document.

That may be to signify simply that the witness saw the other person sign. Alternatively the witness is taking the person's oath or statutory declaration for official or court purposes.

Where no oath or statutory declaration is involved, in most cases any adult independent person can be the witness.

You may be familiar with the groups of people who are specified as witnesses:

Justices of the Peace are lay persons appointed by the State to carry out some administrative and some judicial functions, such as sitting as a court of petty sessions, issuing search and arrest warrants, setting bail.

Commissioners for Affidavits are solicitors who are authorised to take oaths, which can be used in court proceedings. Commissioner for Oaths is a way of describing similar people in other States.

Commissioners for Declarations are persons appointed to take "statutory declarations" which are documents used in administrative but not court proceedings.

Statutory Declarations

Where the document is a statutory declaration any member of the academic staff, as well as a justice of the peace, solicitor, commissioner for affidavits and commissioner for declarations may witness a statutory declaration. This class of witnesses for statutory declarations is now called "authorised persons". A full list of the categories of "authorised persons" is attached.

Affidavits And Court Documents

Documents which are required for court proceedings or which are affidavits require the witness to take the person's oath. Justices of the Peace and Commissioners for Affidavits can take these oaths, "authorised persons" cannot.

Ms Louise Case (ext. 7244) and Ms Jacqueline Furey (ext. 3219) of the Legal Services Office, UWA, are Commissioners for Affidavits and Declarations and can assist you in witnessing of these documents.

Justices of the Peace are found across the State and are listed in the Telecom Yellow Pages. Names are also obtainable from the Royal Association of Justices of Western Australia (Inc) (phone (08) 9222 6788; facsimile (08) 9325 4179). Some solicitors are Commissioners for Affidavits.

Foreign Documents

Documents for overseas courts, patent registries or governments may require that the witness is a Notary Public. Notaries Public are usually solicitors and the large law firms in Perth each have one or two Notaries Public available.