Identification requirements for statutory declarations and affidavits

New requirements have been introduced for identifying a person before witnessing his/her statutory declaration or affidavit. The new requirements came into effect on 30 April 2012. 

The new requirements are detailed in Part 2 of the Oaths Regulation 2011. Before witnessing your statutory declaration or affidavit, a JP is required to see your face, and confirm your identity.   A JP may confirm your identity if the JP has known you for at least 12 months, or by sighting an identification document.  

When requesting a JP to witness your statutory declaration or affidavit, please ensure that you have an acceptable identification document with you, such as your: 

  • Driver’s Licence
  • Medicare Card
  • Birth Certificate
  • Citizenship Certificate
  • Passport
  • Veterans’ Affairs entitlement card
  • Centrelink pension card
  • Proof of Age card
  • Student Identification card. 

Other acceptable forms of identification are listed in section 3(1) of the Oaths Regulation 2011

The JP Handbook outlines a suggested procedure for NSW JPs to follow when witnessing a statutory declaration.