A Commissioner for Declarations (CD) is an independent and unbiased witness who provides a service to the public by signing documents.
Before undertaking any duties, check that you are a CD by reviewing the list of professions, employment groups and appointed CDs.
As a CD, your primary role is to:
- witness signatures to documents
- certify copies of documents as true copies (subject to any specific instructions)
- witness statutory declarations
You are NOT authorised to:
- administer, take or receive an oath, affirmation or affidavit
- receive a complaint
- issue a summons or warrant
- provide legal advice
CDs have an important role to play in the community and some documents they witness may have financial or other implications for the people involved.
To avoid conflicts of interest always distance yourself from any interpersonal relationships when exercising your duties to ensure the independence of the document cannot be questioned.
All information you witness is in confidence.
Relevant legislative provisions relating to CDs are contained in the Oaths Act 2001 (Tasmania).
Essential procedures that a CD should follow are outlined on our procedures for witnessing page.
Procedures for witnessing
- Always check the document to ensure it can be signed by a CD.
- You can only witness a signature to a document if the person appears before you. Always check the person’s photo identification to ensure you are satisfied the person is who they say they are, and that the name on the document is correct.
- CDs do not need to read a document in detail, but you do need to ensure the person understands what they are signing. This can be done by asking the person if they understand the contents of the document they are about to sign.
- In the case of a person who is unable to read, the document should first be read to the person concerned. Then ask if they understand the contents. If they say “yes” they affix their mark or signature with a pen in the proper place.
- A mark may be a cross or an initial. The declarants name should be printed below the mark. CDs should then endorse the document “this is the mark of .....................”.
Statutory Declarations
A statutory declaration is a written statement where a person (called a declarant) formally declares before an authorised person that the statement is true. False statutory declarations carry serious penalties.
Statutory declarations may be made before a CD unless stated otherwise.
Blank statutory declaration forms are available from most post offices, Service Tasmania offices or Magistrates Court registries.
An electronic statutory declaration form is available.
A statutory declaration can also be made under Commonwealth law and should be in the form prescribed by section 8 of the Statutory Declarations Act 1959(Commonwealth). An electronic form is available from the Commonwealth Attorney-General’s Department.
Witnessing a Statutory Declaration
- Statutory declarations are for personal use only. They should not be in the name of a business, company or corporation.
- Never witness a statutory declaration that has no content in it – in other words, never witness any blank document or any pre-signed document.
- If a statutory declaration does not take up a full page, it is good practice to rule a diagonal line across the remainder of the page before you sign it to ensure nothing is added later on.
- Statutory declarations require you to witness a person signing the declaration and hearing the person declare that the document is true and correct.
- You may ask the declarant:
Do you solemnly and sincerely declare that the contents of this document are true and correct to the best of your knowledge and belief?
The declarant must answer “I declare” or “I do”.
- You should make sure you hear “I declare” or “I do” before they:
- initial every deletion and alteration in the document after the declarant has initialled them
- initial the foot of every page of the declaration and sign the last page near the signature of the declarant
- complete and sign the part that starts “Declared at ......... before me ..............”.
- When signing, after the words “Commissioner for Declarations”, a CD should add the profession or class of employment by which they are a CD, for example, “nurse”, “pharmacist” or “permanent employee – Tasmanian Government".
- If an error is made in completing the declaration or there are erasures or interlineations in the document each should be corrected and each correction initialled by both the declarant and the CD.
Attachments to Documents
- CDs should ensure that any attachments that accompany a declaration being witnessed are also initialled and dated on each page by the person and the CD.
- Documents attached to a declaration should be identified with the main document by including a clause on each attachment which is usually in the form below:
“This is the (document) marked (A) referred to in the declaration of ……… declared at ………… in Tasmania this ………. day of ……… 20…, before me, Commissioner for Declarations”.
- Initial each page and date it.
Certifying Documents
- CDs are able to certify documents as true copies of the originals (subject to any specific instructions).
- CDs should inspect the original document to ensure it is the original version and inspect the copy to ensure it is identical to the original document and has not been altered.
- The following wording is suggested when certifying documents:
I certify that this is a true and correct copy of the original document sighted by me at ……………… this …………… day of …………………… 20……
.……………………………
Signature of Commissioner
(full name, profession, place of employment and the words “Commissioner for Declarations”).
Resources
An overview of the role of CDs and additional guidance in delivering their functions can be viewed in the Role of Commissioners for Declarations PowerPoint (PPTX, 1008.2 KB).