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

Chapter Ten - The Witnessing of Documents

10.1

The Committee's terms of reference also require it to consider whether any changes should be made in respect of the witnessing of documents. This and subsequent chapters will deal with that part of the Reference. In view of Recommendations 2 and 3, the Committee has considered the need to uplift provisions of Part 4 of the Evidence Act 1958 into a new Oaths Act.

RECOMMENDATION 36

The Committee recommends that subject to the following recommendations, the provisions of Part IV ("Oaths, Affirmations, Affidavits, Declarations") and V ("Attestations., Verifications, Acknowledgements, Notarials Acts etc.") of the Evidence Act 1958 be preserved and enacted in a new Oaths Act.

10.2

Written submissions relating to the witnessing of documents were received from:-

  1. Mr Peter Zablud, Solicitor, dated 11 September 1995;
  2. Mr Adam Trumble, dated 20 August 1995;
  3. Mr Vic Trim, Postal Manager at Glenhuntly Post Office, dated 4 September 1995;
  4. The Institute of Legal Executives, dated 24 January 1996;
  5. Brand Name Consultants, dated 28 August 1995;
  6. The Real Estate Institute of Victoria, dated 13 October 1995;
  7. The Royal Victorian Association of Honorary Justices, dated 1 September 1995;
  8. The Australian Federation of Civil Celebrants, dated 10 July 1996;
  9. The National Tax and Accountants' Association, dated 8 August 1996.

The Committee also heard oral evidence from Messrs Zablud and Trumble at the Public Hearing held on 14 September 1995.

10.3

The substantive issues raised in the submissions made to the Committee were:-

  1. The role of a witness and whether that role is understood: This was particularly raised in relation to statutory declarations;
  2. The suitability of the category of persons able to witness documents under the Evidence Act 1958 (Vic);
  3. Prosecution and penalties for people who have patently perjured themselves;
  4. Whether fees should be reintroduced for the witnessing of statutory declarations and affidavits;
  5. The problem faced by some persons qualified under the relevant Commonwealth legislation but not authorised under Victorian legislation;
  6. Suggested additions to the list of persons able to witness statutory declarations.
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