The Oaths Act 1936 and Oaths Regulations 2021 set out who is authorised to witness statutory declarations and affidavits for South Australia.

Since COVID-19, the categories of people authorised to witness statutory declarations has been significantly expanded. From August 2024, additional categories of authorised affidavit witnesses have also been added.

These changes were then finalised in the:

Oaths Regulations 2021

Code of Practice – Affidavits (PDF, 119.9 KB)

Code of Practice - Statutory Declarations (PDF, 173.7 KB)

This is the list of authorised statutory declaration witnesses under Oaths Act 1936 :

  • a Commissioner for taking affidavits in the Supreme Court
  • a person who is registered as a conveyancer under the Conveyancers Act 1994
  • a justice of the peace
  • a police officer, other than a police officer who is a probationary constable
  • persons admitted and enrolled as a notary public of the Supreme Court
  • an agent of the Australian Postal Corporation in charge of an office supplying postal services to the public
  • an Australian Consular Officer or an Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955 of the Commonwealth
  • a bailiff
  • a bank officer who has 5 or more continuous years of service
  • a building society officer who has 5 or more years of continuous service
  • a chief executive officer of a Commonwealth court
  • a clerk of a court
  • a credit union officer who has 5 or more years of continuous service
  • an employee of the Australian Trade and Investment Commission who is—
    1. in a country or place outside Australia; and
    2. authorised under paragraph 3(d) of the Consular Fees Act 1955 of the Commonwealth; and
    3. exercising their function in that place
  • an employee of the Commonwealth who is—
    1. in a country or place outside Australia; and
    2. authorised under paragraph 3(c) of the Consular Fees Act 1955 of the Commonwealth; and
    3. exercising their function in that place
  • a fellow of the National Tax and Accountants' Association
  • a registered health practitioner (registered in the relevant health profession under the Health Practitioner Regulation National Law – for a list of these professions see AHPRA’s website)
  • a finance company officer who has 5 or more years of continuous service
  • a marriage celebrant registered under Part IV Division 1 Subdivision C of the Marriage Act 1961 of the Commonwealth
  • a member of the Governance Institute of Australia
  • a member of Engineers Australia, other than at the student grade
  • a member of the Association of Taxation and Management Accountants
  • a member of the Australasian Institute of Mining and Metallurgy
  • a member of the Australian Defence Force who is—
    1. an officer; or
    2. a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth who has 5 or more years of continuous service; or
    3. a warrant officer within the meaning of the Defence Force Discipline Act of the Commonwealth
  • a member of the Institute of Chartered Accountants in Australia, CPA Australia or the Institute of Public Accountants
  • a Member of—
    1. the Parliament of the Commonwealth; or
    2. the Parliament of a State; or
    3. a Territory legislature; or
    4. a local government authority of a State or Territory
  • a minister of religion registered under Part IV Division 1 Subdivision A of the Marriage Act 1961 of the Commonwealth
  • a patent attorney or a trade marks attorney
  • a permanent employee of the Australian Postal Corporation who has 5 or more years of continuous service who are employed in an office supplying postal services to the public
  • a permanent employee of—
    1. the Commonwealth or a Commonwealth authority; or
    2. a State or Territory or a State or Territory authority; or
    3. a local government authority,

with 5 or more years of continuous service who are not specified in another item in this list.

  • a Senior Executive Service employee of—
    1. the Commonwealth or a Commonwealth authority; or
    2. a State or Territory or a State or Territory authority
  • a sheriff
  • a sheriff's officer
  • a teacher employed on a full-time basis at a school or tertiary education institution
  • a veterinary surgeon.

This is the list of authorised affidavit witnesses under Oaths Act 1936 (SA):

Your role as an authorised witness

Witnessing a statutory declaration is an important public service and provides a positive benefit to the community. However, you have no legal obligation to witness a statutory declaration - even if you are an authorised witness.

As an authorised witness, you are not responsible for the truth or accuracy of what the declarant is declaring. The declarant holds the liability for making an intentional false statement.