During the COVID-19 pandemic the Australian government and several states and territories introduced electronic signing and/or remote witnessing by audio-visual link for certain types of documents, including affidavits and statutory declarations.
Many jurisdictions introduced these measures temporarily and then subsequently made the arrangements permanent.
In South Australia, proposed changes to the Oaths Regulations 2021 and related Codes of Practice will introduce these measures permanently.
What's being proposed?
The Modernising making of statutory declarations and affidavits discussion paper (PDF, 323.5 KB) outlines a range of proposed changes to the regulations and codes.
Ultimately, the changes will:
- allow statutory declarations and affidavits to be completed and witnessed electronically (remote witnessing has only been allowed on a temporary basis - and only for affidavits - since the COVID-19 pandemic)
- clarify the rules about signing South Australian statutory declarations interstate or overseas.
Documents for review
Modernising the making of statutory declarations and affidavits discussion paper (PDF, 323.5 KB)
Code of Practice for Statutory Declarations (PDF, 203.9 KB)
Code of Practice for Affidavits (PDF, 182.2 KB)
Oaths (Prescribed Requirements) Amendment Regulations 2023 (PDF, 159.0 KB)
Next steps
Consultation on proposed changes to the regulations and codes of practice closed 15 January 2024.
The feedback will now be reviewed and potentially inform the regulations that will be finalised later this year (with advance notice of the proposed commencement date).