In New South Wales (NSW), a statutory declaration must be signed by the person making the declaration (the declarant) in the presence of an authorised witness. The authorised witness is the person who "takes" or witnesses the declaration. The authorised witnesses in NSW typically include:
- Justices of the Peace (JP)
- Legal practitioners (lawyers)
- Notaries public
The witness must confirm the identity of the declarant if they have not known them for at least 12 months, typically through approved identification documents like a driver's license, passport, or photo ID. The declarant must be a natural person, meaning that a corporation cannot make or sign a statutory declaration. Summary:
- The declarant is the person making and signing the declaration.
- The declaration must be witnessed by an authorised person such as a JP, lawyer, or notary public.
- The witness confirms the identity of the declarant with proper ID if necessary.
This ensures the statutory declaration is valid and legally recognised in NSW.
