Please note: You must not mark an original document.
24.1 Certifying a copy of a document*
* Please refer to 24.3 for certifying a multi-page copy.
Steps for certifying a copy of a document | |
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1. |
Inspect the original document and use your best judgement to satisfy yourself that it is the original document. |
2. | Inspect the copy to satisfy yourself that it is a true copy of the original document and has not been altered. |
3. | Carefully check that any names, dates and other identifying elements have not been changed. |
4. |
Certify the document using certification stamp (if available), preferably in coloured ink: Certified to be a true copy of the original seen by me. |
5. | Add General JP stamp, date, and sign. |
24.2 Checklist for certifying a copy of a certified copy*
* Please refer to 24.3 for certifying a multi-page copy.
Steps for certifying a copy of a certified copy | |
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1. | Inspect the original document and use your best judgement to satisfy yourself that it is the original document. |
2. | Inspect the copy to satisfy yourself that it is a true copy of the original document and has not been altered. |
3. | Carefully check that any names, dates and other identifying elements have not been changed. |
4. |
In place of certification stamp, write: Certified to be a true copy of another certified copy seen by me. |
5. | Add General JP stamp, date, and sign. |
24.3 Certifying a multiple page copy
Steps for certifying a multiple page copy |
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1. | Inspect every page of the original document and use your best judgement to satisfy yourself that it is the original version. |
2. | Inspect the copy to satisfy yourself that it is identical to the original document and has not been altered. |
3. | Initial and number each page of the copy, e.g., page 1 of 20, 2 of 20. |
4. |
On the first page of copy, unless there is insufficient space, stamp or write: Certified to be a true copy of the original seen by me. If there is insufficient space on the first page, it is recommended that certification occurs on the final page. |
5. | Add General JP stamp, date and sign. |
6. | Where possible, staple or fasten the pages together. |
24.4 Certifying an enduring and non-enduring power of attorney
Steps for certifying an enduring and non-enduring power of attorney | |
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1. |
On each page, other than the last page of the copy, certify to the effect that the copy of that page is a true and complete copy of the corresponding page of the original. This is a true and complete copy of the corresponding page of [insert name of original document] [Stamp of Name, Address and Title of witness] |
2. |
On the last page, certify to the effect that the copy of the instrument is a true and complete copy of the original instrument. This is a true and complete copy of the last page of [insert name of original document] ........................ [your signature] [Stamp of Name, Address and Title of witness] |
For multi-page documents, number and initial each page. You should also follow this procedure to certify a copy of a certified copy of an enduring power of attorney (with appropriate modifications).
24.5 Witnessing documents - General Checklist
1. | What type of document is it? |
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2. | Can a JP witness the document? |
3. | Is the document correctly completed? |
4. | Are there special requirements/instructions on the document? |
5. | Is the person signing, the person named in the document? |
6. | Does the person understand what they are doing – does the person have decision-making capacity? |
7. | Is the person signing of his or her free will? |
8. | Advise the person of penalties for false statements. |
9. | Is the date on the document correct? |
10. | Are there any alterations, blank spaces, or erasure marks on the document? (Initial and date all alterations, blank spaces, or erasure marks) |
11. | Are there any exhibits, annexures, or attachments? |
12. | Endorse all certificates for each exhibit (stamp, sign and date). |
13. | Ensure the document is signed in your presence. |
14. | Administer the oath, affirmation, or declaration (if required). |
15. | Sign and add your JP details. |
24.5.1 Variations to documents
Alterations | Initial and date (JP and signatory). |
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Blank Space | 'Z' or 'X' across space (JP and/or signatory). |
Exhibits, Annexures, Attachments |
Mark each extra page, e.g., 'Exhibit A' or 'A1-2' (signatory). Ensure the date on the certificate is identical to the date on the main document (JP). Attach a Certificate for each attachment. |
Multiple pages |
Mark each extra page, e.g., 'page 1 of 4', 'page 2 of 4' (signatory). Sign at bottom of each page (JP). Permanently fasten all together. |
24.6 Statutory declaration
Steps for witnessing a statutory declaration | |
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1. | Check the declarant understands what they are doing. |
2. | Ask the declarant if they are the person named in the document and if their full name is included in the document. |
3. | Ensure the declarant is signing of their own free will. |
4. | Advise the declarant of penalties for false statements. |
5. | Ensure the statutory declaration is in a proper form. |
6. | Ask the declarant to sign or initial any alterations and blank spaces (this is also required of a JP). |
7. | Ask the declarant to sign a certificate identifying the document as an exhibit. A separate certificate applies to each attached documents. |
8. | Endorse all certificates for each exhibit (stamp, sign and date). |
9. | Ask the declarant to sign or initial the bottom of each page of a multi-page statutory declaration (this is also required of a JP). |
10. | Watch the declarant sign the document in front of you. |
11. | Administer the declaration. |
12. | Sign and stamp/write your JP details on the statutory declaration, adding location and date. |
Declaration (declarant repeats) “I, [name of declarant] of [address] declare that the contents of this statutory declaration are true and correct.” |
24.6.1 Variations to documents
Alterations | Initial and date (JP and signatory). |
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Blank Space | 'Z' or 'X' across space (JP and/or signatory). |
Exhibits, Annexures, Attachments |
Mark each extra page, e.g., 'Exhibit A' or 'A1-2' (signatory). Ensure the date on the certificate is identical to the date on the main document (JP). Attach a Certificate for each attachment. |
Multiple pages |
Mark each extra page, e.g., 'page 1 of 4', 'page 2 of 4' (signatory). Sign at bottom of each page (JP). Permanently fasten all together. |
24.7 Affidavits
Steps for witnessing an affidavit | |
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1. | Check the document for special requirements and speak to the deponent about any special needs. For example, an interpreter, special instructions from document maker, multiple exhibits. |
2. | Ensure the deponent understands the nature of an oath and is signing the affidavit of their own free will. |
3. | Ask the deponent to choose either an oath or affirmation. |
4. | Advise the deponent of penalties for false statements. |
5. | Ask the deponent to sign or initial any alterations, erasures or blank spaces with a ‘z’ or an ‘x’ to cover the gap. Both the authorised witness and the deponent should initial these alterations. We also suggest dating each alteration. |
6. | Ask the deponent to sign each page of the affidavit. Both the authorised witness and the deponent should initial each page of the affidavit. For multi-page affidavits, each page must be numbered i.e., 1 of 5, 2 of 5 etc. |
7. | Ask the deponent to sign a certificate identifying the document as an exhibit. A separate certificate applies to each attached document. |
8. | Endorse all certificates for each exhibit (stamp, sign and date). |
9. | Watch the deponent sign the affidavit in front of you. |
10. | Administer the oath or affirmation. |
11. | Complete the jurat section stating when and where the affidavit was made. |
12. | Write or stamp your name, address and title. (You may use your JP stamp). |
13. | Add your signature to the jurat. |
Oath |
“I swear (or promise) by Almighty God [or the person may name a god recognised by the person’s religion] that the contents of this affidavit is [these my affidavits are] true and correct [and these are the exhibits referred to in the affidavit/s].” |
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Affirmation | “I solemnly, sincerely and affirm that the contents of this my affidavit is [these my affidavits are] true and correct and [and these are the exhibits referred to in the affidavit/s].” |
Affirmation (child or deponent with a cognitive impairment) | “I, [name of person making the promise], promise that I have told the truth in this affidavit, and it is correct.” |
Jurat |
Oath: Sworn at… Affirmation: Affirmed at... More than one person: By the above named deponents… Altered after oath/affirmation: Re-sworn/Reaffirmed at… |
24.8 Remote and online witnessing
Steps for remote and online witnessing | |
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1. | Determine whether the document can be electronically signed and witnessed online. |
2. | Ensure that you as an authorised JP can witness the document – this includes being a 'special witness'. |
3. | In addition to the usual enquiries you would make about the type of document being dealt with, ensure the necessary technology requirements are met. |
4. | Ensure all parties involved are connected through an audio-visual link. |
5. |
Ensure the existing requirements of witnesses are satisfied, for example:
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6. | Using audio-visual technology, conduct the processes that you would usually undertake in witnessing signatures, making declarations and taking oaths and affirmations. |
7. | Ensure a statement is included that specifies the manner of the witnessing and clarify whether a scanned or electronic copy of the document was used. |
8. | Ensure all steps are completed on the same day. |
24.9 Conflict of interest
Use these considerations when assessing a potential conflict of interest.
Public duty versus private interest | Do I have personal or private interests that may conflict or be perceived to conflict with my public duty? |
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Potential | Could there be benefits for me now or in the future that could cast doubt on my objectivity? |
Perception | Could there be benefits for me now or in the future that could cast doubt on my objectivity? |
Proportion | Does my involvement in the decision appear fair and reasonable in the circumstances? |
Presence of mind | What are the consequences if I ignore a conflict of interest? What if my involvement was questioned publicly? |
Promises | Have I made any promises or commitments in relation to the matter? Do I stand to gain or lose from the proposed action or decision? |
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