Witnessing a written declaration for Voluntary Assisted Dying
Following the commencement of the Voluntary Assisted Dying Act 2021 (the Act) on
31 January 2023 the Voluntary Assisted Dying (VAD) Pathway was made available to eligible South Australians.
One of the steps of the pathways requires the person accessing VAD to make a written declaration. As a JP you can witness the written declaration for a person accessing VAD, provided this is done in the presence of the persons coordinating medical practitioner and another eligible witness.
However, there is no requirement for you to witness the declaration using your credentials as a JP if you do not wish to, you can sign as an independent witness providing you meet the eligibility criteria.
We recognise this is a sensitive topic and if you have a conscientious objection due to personal reasons or beliefs, you are not obliged to witness the declaration and are free to decline, provided you inform the person of your choice.
SA Health has produced an information sheet about the written declaration and who can be a witness .
For further information about VAD, please visit www.sahealth.sa.gov.au/vad.
SA Advance Care Directive (ACD) Forms
As a JP you must only witness SA ACDs that are made on the approved ACD Form template as gazetted by the Minister.
The approved ACD form and DIY Kit are available to download or complete online for free from the SA Health Advance Care Directive website or alternatively purchased online or in person from Services SA for $5.01
Certifying documents for AHPRA and National Boards
The Australian Health Practitioner Regulation Agency (AHPRA) and National Boards have updated their guidelines for certifying documents and photo IDs needed for registering or managing a registration with their agency.
JPs must follow the AHPRA instructions when witnessing copies of original documents or documents with a photograph needed to apply for APPRA registration.
Certifying documents - instructions for applicants
Documents that do not contain a photograph
AHPRA will accept wording that is:
- substantially the same as their guidelines
- standard wording contained in the JP Handbook edition 3.0 ‘I certify that this is a true and correct copy of the original document sighted by me this ___ day of ___.
Documents with a photograph
SA JPs can use the same wording as above but must also include a handwritten statement confirming ‘the photograph is a true likeness of the person presenting the document to me’ or similar.
Queensland Land Titles Documents - changes to witnessing requirements
Changes have been made for witnessing Titles Registry forms executed under section 162 of the Queensland Land Titles Act 1994 and section 113 of the Land Act 1994.
It is mandatory for JPs to retain a written record for 7 years from the date of witnessing. It needs to show how you verified the signatory's identity and their entitlement to sign the form. After 7 years, you can securely destroy the record.
Make sure you are familiar with the witnessing requirements and obligations in Part 61, paragraph 2330 of the Land Title Practice Manual (Queensland).
When witnessing the form, you must use the Record of QLD Titles Registry forms template (PDF, 152.1 KB).
For further information, contact the Queensland Titles Registry on 1300 255 750 or email titlesinfo@dnrme.qld.gov.au
Teachers registration forms
Applications for teacher registration
A minimum for four ID documents are needed for applications for teacher registration.
JPs will need to witness the statutory declaration on page 4 of the application form (under section 8). You must also certify the copies of ID documents. Applicants have been asked to have their original documents ready to present to the JP, along with the copies that will be certified.
An extra line has been added in the statutory declaration area, 'I verify that all the photographs contained within the documents certified by me are, to the best of my ability, photographs of the applicant.'
Contact the Teachers Registration Board of South Australia on 8253 9700.
Renewals
Before a teacher’s registration expires, they can apply to renew it for a further 3 years.
Teachers must photocopy a photo ID into the box provided on the Linkage Verification Form. This form must be taken to a JP with their original identity document.
The JP must stamp and certify the copy of the ID in the box and complete the verification statement at the bottom of the form.
The same JP must sign the certification of the ID and statement.
Visit the Teachers Registration Board of South Australia website.
Statutory Declarations with attachments
If a JP is asked to witness a statutory declaration which refers to an attachment the JP must sight the attachments and ensure it is clearly marked.
Refer to pages 61-63 of the JP handbook (PDF, 968.1 KB) regarding how you must witness statutory declarations.
Contact Justice of the Peace Services on 131 882 or email jpservices@sa.gov.au if you have any questions.