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Electronic signing and online witnessing

For most legal documents, electronic signatures and online witnessing is now a permanent option.

Conducting remote transactions

The Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 provides for new and permanent methods to undertake your work when witnessing legal documents online via an audio-visual link. It does not change the work itself. For example, it provides a permanent online solution to viewing a document, but it does not change the purpose of viewing a document. However, to undertake online transactions you will need appropriate electronic equipment with an internet connection.

Equipment

For audio-visual or audio-only communication you will need the following appropriate equipment:

Type Description
personal computer

Either a desktop or laptop computer equipped with at least a microphone (for audio-only communication), or with a microphone and camera (for audio-visual communication)

tablet device E.g. Apple iPad or Android tablet, which predominantly has a microphone and camera built in
mobile device E.g. Apple iPhone or Android phone using the phone call function for audio only communication, or the built-in camera and microphone for audio- visual communication

Equipment for members of the public

The member of the public will also need similar equipment in order to communicate with you. They should be familiar with using that equipment and be willing to cooperate with you in the process.

Audio-visual communication

For audio-visual communication you will need software to operate on your computer or mobile that allows you to make audio-visual calls. You may wish to provide more than one form of audio-visual calling to cater to the different levels of experience of the member of the public, particularly expertise with more than one product. The following common products can be used audio-visual communication:

Zoom

Zoom is available for PC, Mac or Linux computer operating systems, and is also available for iOS (iPhone and iPad) and Android devices.

Zoom is free to use for one-on-one meetings.

www.zoom.us/

Microsoft Teams

Microsoft Teams is part of the popular Microsoft Office suite of business applications and is often used in the office environment. There is also a free version available.

Teams is available for PC, iOS and Android.

https://www.microsoft.com/enau/microsoftteams/free

Apple FaceTime

Apple FaceTime is a simple audio-visual calling software that is available on Apple iPhone, iPad and iPod Touch devices.

https://support.apple.com/en-au/HT204380

Google Duo

Google Duo is similar to FaceTime and is available on Android phones and tablets and on the web in a browser.

https://duo.google.com/about/

Skype

Skype is a popular Microsoft product for video-conferencing. Skype is available for Windows, Mac and Linux computers as well as mobile devices.

https://www.skype.com/en/

Conducting audio-visual communication

Using the equipment and software listed above enables you to connect with members of the public for the purpose of audio-visual communication. This replaces being in the physical presence of the person.

Setting up remote appointments

When contacting a member of the public to undertake an online transaction, in addition to the normal enquiries you would make about the type of document being dealt with, you should also discuss the necessary technology requirements. Both parties to the transaction must have compatible capabilities for the remote transaction to proceed.

Updated