A list of persons authorised to witness affidavits within Victoria.

Who is authorised to witness an affidavit in Victoria?

Section 19(1) of the Oaths and Affirmations Act 2018 lists the following persons who are authorised to witness affidavits within Victoria:

  • a judicial officer; 
  • an associate to a judicial officer; 
  • an honorary justice; 
  • the prothonotary or a deputy prothonotary of the Supreme Court; 
  • the registrar of probates or an assistant registrar of probates; 
  • the registrar or a deputy registrar of the County Court; 
  • the principal registrar, a registrar or a deputy registrar of the Magistrates' Court; 
  • the principal registrar, a registrar or a deputy registrar of the Children's Court; 
  • the principal registrar, deputy registrar or a registrar of VCAT; 
  • the principal registrar or a registrar of the Coroners Court; 
  • a member of VCAT; 
  • a member or former member of either House of the Parliament of Victoria; 
  • a member or former member of either House of the Parliament of the Commonwealth; 
  • a public notary; 
  • an Australian legal practitioner
  • a police officer of or above the rank of sergeant or for the time being in charge of a police station; 
  • a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification; 
  • a senior officer of a Council as defined in the Local Government Act 1989 ; 
  • a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth; 
  • a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928; 
  • a person acting judicially; 
  • any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits; 
  • any prescribed person or person who is a member of a prescribed class of persons. 
Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication