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) a judicial officer
b) an associate to a judicial officer
c) an honorary justice
d) the prothonotary or a deputy prothonotary of the Supreme Court
e) the registrar of probates or an assistant registrar of probates
f) the registrar or a deputy registrar of the County Court
g) the principal registrar, a registrar or a deputy registrar of the Magistrates' Court
h) the principal registrar, a registrar or a deputy registrar of the Children's Court
i) the principal registrar, deputy registrar or a registrar of VCAT
j) the principal registrar or a registrar of the Coroners Court
k) a member of VCAT
l) a member or former member of either House of the Parliament of Victoria
m) a member or former member of either House of the Parliament of the Commonwealth
n) a public notary
o) an Australian legal practitioner
p) a police officer of or above the rank of sergeant or for the time being in charge of a police station
q) a person employed under Part 3 of the Public Administration Act 2004 with a prescribed classification (see regulation 5(1) of the Oaths and Affirmations Regulations 2018)
r) a senior officer of a Council as specified in section 48(5) of the Local Government Act 2020
s) a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth
t) a fellow of the Institute of Legal Executives (Victoria) ACN 004 670 928
u) a person acting judicially
v) 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
w) any prescribed person or person who is a member of a prescribed class of persons (see regulation 5(2) of the Oaths and Affirmations Regulations 2018).
Who can witness my affidavit if I am outside Victoria?
If you are outside Victoria, your affidavit can usually be witnessed by a person who is authorised to witness affidavits or equivalent legal documents in the place where you are signing it.
The people who can witness affidavits vary from country to country and from state to state. Because of this, we cannot provide a list that applies everywhere.
If you are unsure who can witness your affidavit, you should contact a lawyer or notary public in your local area. They should be able to tell you who is authorised to witness affidavits where you live.
If you are outside Australia, it may also be helpful to contact the nearest Australian embassy or consulate. They may be able to assist you or direct you to someone who can witness your affidavit.