Warning: From 1 January 2025, South Australian statutory declarations can be witnessed remotely online. 

The Code of Practice in relation to Statutory Declarations (PDF, 173.7 KB) governs the process for witnessing a South Australian statutory declaration.

Follow these steps to witness a statutory declaration online.

If you agree to witness a statutory declaration online, consider the following:

  • How will you meet online? For example, through Skype, Zoom, Microsoft Teams, Facetime or other form of video conferencing platform.
  • How will you send documents to one another? This could be through email or some other way of electronically sending documents.
  • Do you want to use a scanned copy or an electronic copy of the statutory declaration? Do you have access to a scanner (for example, some mobile phones or mobile phone apps can scan documents) and a printer?

When you meet the declarant online, you must sight their photo identification on screen to confirm that they are the declarant named on the statutory declaration form. This can either be a driver's licence or passport.

The statutory declaration and any alterations and attachments should be finalised and signed by the declarant - in real time - the same way as if you were meeting in person.

You will need to be able to see the declarant sign the declaration and any attachments. When doing this remotely, you may need to ask the declarant to adjust their camera in order to do this.

You will need to hear the declarant while they answer the witnessing questions and say the declaration out loud.

After signing, the declarant should send their signed declaration and any attachment(s) to you.

This could be by email or another method of electronically transmitting documents.

You must be reasonably satisfied that the statutory declaration the declarant sends you is the same statutory declaration, or a copy of the statutory declaration, you observed being signed.

You must sign the statutory declaration and attachments (if any), or exact copies of the declaration and attachment(s).

You must write, type or stamp on the statutory declaration, or the copy of the statutory declaration, the following statement:

This declaration was taken remotely under the observation of the authorised witness through an audio visual link and the requirements under the Oaths Act 1936 for taking declarations by audio visual link were complied with.

This can be completed using handwritten signatures or electronic signatures.

You may use a scanned or electronic copy of the statutory declaration to complete these requirements.

Signing electronically could include pasting an image of a handwritten signature, using the 'draw function' in Microsoft Word or Adobe Acrobat or using a program or software that supports electronic signatures.

A statutory declaration that is signed or initialled by electronic means must include a statement on it:

This declaration was signed or initialled by electronic means.

Then send the signed witnessed documents back to the declarant by email, or scan or use some other method of electronically transmitting the document back to the declarant

Reasonable modifications or assistance

Sometimes a declarant may need help when making a statutory declaration, for example if they have a disability or need someone to translate for them.

You can make reasonable modifications to the witnessing process in those circumstances, or another person may provide assistance, such as translation assistance.

Examples of reasonable modifications include:

  • a hearing impaired person may read and use sign language for the oral declaration instead of saying it aloud
  • a person who is unable to speak may be able to listen to you read the statutory declaration and nod assent.

From 1 January 2025, you must certify on the statutory declaration what modifications were made.

If another person provided assistance (such as translations or assisting a child) they must also be present or online when the statutory declaration is signed.

After you and the declarant have both signed the declaration, you must include the name and address of the person who provided the assistance and what type of assistance was provided.

This does not apply to assistance by a person who prepared the declaration in a professional capacity on the declarant's instructions, like a legal practitioner or conveyancer.

Interstate and overseas declarations

From 1 January 2025, authorised witnesses listed in the Oaths Regulations 2021 can witness a South Australian statutory declaration remotely online where the declarant is located outside South Australia. You can do this even if you are also located outside South Australia at the time of witnessing.

If the declarant is located outside South Australia and the statutory declaration is to be witnessed  in person, then it should be witnessed by a person who is authorised to witness statutory declarations or administer an oath in that place outside South Australia.