Review of the
Evidence Act 1958 (Vic) and
Review of the Role and Appointment of Public Notaries
Appendix
D
Comparative Table of Persons able to Witness Affidavits in Australia
List of persons who may take affidavits |
Commonwealth | ACT | WA | SA | NSW | Tas | Qld | NT |
| Any judge or the associate of any judge | - | - | - | Judge
of Supreme Court and District Court and Magistrate |
- | Judge of a Court | - | - |
| A master of the Supreme Court or of the County Court or the secretary of such a master | - | - | - | - | - | - | - | - |
| A justice of the peace or a bail justice | Justice
of Peace |
Justice of Peace | - | Justice
of Peace |
Justice
of Peace |
Justice
of Peace |
Justice
of Peace |
- |
| The prothonotary or a deputy prothonatary of the Supreme Court | - | - | - | - | - | - | - | - |
| The registrar or a deputy registrar of the County Court, the principal registrar of the Magistrates' Court or a registrar or deputy registrar of the Magistrates' Court | - | - | - | - | - | - | - | - |
| The registrar of probates or an assistant registrar of probates | - | - | - | - | - | - | - | - |
| A member or former member of either House of the Parliament of Victoria | - | - | - | - | - | - | - | Member
of Legislative Assembly |
| A member or former member of either House of the Parliament of the Commonwealth | - | - | - | - | - | - | - | NT
representative in Commonwealth Parliament |
| A notary public | X | X | X | X | X | X | X | X |
| Any solicitor who holds a current practising certificate under the Legal Profession Practice Act 1958 | - | - | - | - | Any
solicitor who holds a current practising certificate under relevant NSW Act |
- | A lawyer | Legal
practitioner under Legal Practitioners Act (NT) |
| A member of the police force of or above the rank of sergeant or for the time being in charge of a police station | - | - | - | Member
of police force approved by Governor |
- | - | - | Member
of Police Force over 18 years of age |
| A person who holds an office in the public service that is prescribed as an office to which this section applies | - | - | - | - | - | - | - | - |
| A senior officer of a Council as defined in the Local Government Act 1989 | - | - | - | - | - | - | - | - |
| A person registered as a patent attorney under Part XV of the Patents Act 1952 of the Commonwealth | - | - | - | - | - | - | - | - |
| A fellow of the Institute of Legal Executives (Victoria) | - | - | - | - | - | - | - | - |
| Any officer or person empowered authorised or permitted by or under any Act of Parliament to take affidavits in relation to the matter in question or in the particular part of Victoria in which the affidavit is sworn and taken. | - | - | - | - | - | - | - | - |
Other categories not provided for in Victoria |
Commonwealth | A.C.T. | W.A. | S.A. | N.S.W. | Tas | Qld | N.T. |
| Court appointed Commissioner for Affidavits | - | - | - | X | X | - | - | - |
| All persons on roll of legal practitioners | X | X | - | X | - | - | - | - |
| Special Magistrates | - | - | - | X | - | - | - | - |
| Proclaimed bank manager/postmaster | - | - | - | X | - | - | - | - |
| Commissioner for declarations | - | - | - | - | - | - | X | - |
| Other State Justices | - | - | - | - | - | - | X | - |
| Attorney-General appointees | - | - | - | - | - | X | - | - |
| Clerk of Petty and Local Court, | - | - | X | - | - | - | - | - |
| Registrar - Department of Mines | - | - | X | - | - | - | - | - |
| Mining Registrar | - | - | X | - | - | - | - | - |
| Conveyancer | - | - | - | - | - | - | X | - |
| Another person authorised under the law of the Sate, the Commonwealth or another State | - | - | - | - | - | - | X | - |
| Commissioner of Oaths | - | - | - | - | - | - | - | X |
 |
Last update 19/8/99 ©Parliament of Victoria |