Review of the Evidence Act 1958 (Vic) and
Review of the Role and Appointment of Public Notaries

Appendix E - Comparative Table of Persons able to Witness
Statutory Declarations in Australia

List of persons who may witness statutory declarations in Victoria

Commonwealth ACT WA SA NSW Tas Qld NT
A justice of the peace or a bail justice Justice of the Peace Justice of the Peace - Justice of the Peace Justice of the Peace - Justice of the Peace -
A notary public X X - - X - X -
A barrister and solicitor of the Supreme Court X X Legal practitioners under Legal Practitioners Act 1893 - Solicitor holding current practising certificate - A lawyer -
A clerk to a barrister and solicitor of the Supreme Court - - - - - - - -
The prothonotary or a deputy prothonotary 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 X X - - - - - -
The registrar of probates or an assistant registrar of probates - - - - - - - -
The associate to a judge of the Supreme Court or of the County Court - - - - - - - -
The secretary of a master of the Supreme Court or the County Court - - - - - - - -
A person registered as a patent attorney under Part XV of the patents Act 1952 of the Commonwealth X X Patent Attorney registered under the 1990 Act - - - - -
A member of the police force X X X X - Officer of Police, Sergeant or Officers in charge of station - -
The sheriff or a deputy sheriff - Bailiff - - - - - -
A member or former member of either House of the Parliament of Victoria Member of Parliament of Commonwealth, State, Territory Legislature; or - Member or former member of State Parliament - - Member of Tasmanian Parliament - -
A member of former member of either House of the Parliament of the Commonwealth local government authority of a State or Territory - X - - - - -
A councillor of a municipality - - X - - - - -
A senior officer of a Council as defined in the Local Government Act 1989 - - A senior officer of a Council under relevant WA Act - - Town or
Council Clerk 		- -
A registered medical practitioner within the meaning of the Medical Practice Act 1994 X X A registered medical practitioner under WA Act - - - - -
A dentist X X - - - - - -
A veterinary surgeon X X - - - - - -
A pharmacist X X X - - - - -
A principal in the teaching service X X - - Bursar of
state school 		- -
The manager of a bank Bank officer with 5 years experience - X X - - - -
A member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants or the National Institute of Accountants X X X - - - - -
The secretary of a building society Building Society or credit union officer with more than 5 years experience - X - - - - -
A minister of religion authorised to celebrate marriages X X - - - - - -
A person who holds an office in the public service or in a statutory authority that is prescribed as an office to which this section applies X X - - - X - -
A fellow of the Institute of Legal Executives (Victoria). - - - - - - - -
Agent of Australian Postal Corporation who is in charge of an office supplying postal services to the public. X X X X - Postmaster - -
Australian Consular Officer or Diplomatic Officer (within meaning of Consular Fees Act 1985). X X - - - - - -
Chief Executive of Commonwealth Court. X X - - - - - -
Civil Marriage Celebrant X X - - - - - -
Clerk of a Court X X - - - - - -
Commissioner for Affidavits X X - - X - - -
Commissioner for Declarations - - - - - - X -
Magistrate X X - - - - - -
Master of a Court X X - - - - - -

 

Other Categories not provided for in Victoria

Commonwealth ACT WA SA NSW Tas Qld NT
Member of the Australian Defence Force who is:
an officer; or
a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
warrant officer within the meaning of the Act. 		X X - - - - - -
Member of the Institute of Corporate Managers, Secretaries and Administrators. X X X - - - - -
Member of the Institution of Engineers, Australian, other than at the grade of student. X X X - - - - -
Permanent employee of:
(a) the Commonwealth or of a Commonwealth authority; or
(b) a State or Territory or of a State or Territory authority; or
(c) a local government authority;
with 5 or more years of continuous service who is not specified in another item in this Part. 		X X X

but no length
of service requirement

- - - - -
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public. X X X - - - - -
Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made. X X X - - - - -
Senior Executive Service officer of the Commonwealth, or of a State or Territory, of a Commonwealth, State or Territory authority. X X X - - - - -
Teacher employed on a full-time basis at a school or tertiary education institution. X X X - - - - -
Any person over 18 years - - - - - - - X
A conveyancer or another person authorised to administer an oath under the law of the State, the Commonwealth or another State. - - - - - - X -
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 - - - -
Attorney-General appointees - - - - - X - -
Clerk of Petty and Local Court - - X - - - - -
Registrar - Department of Mines - - X - - - - -
Mining Registrar - - X - - - - -
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