Witnessing procedure - General Witnessing Checklist

  1. Identify the person
    • Confirm the person signing matches the name on the document.
    • Ask for identification, preferably photo ID (e.g. a driver’s licence), and compare the person’s appearance with the photo.
    • If photo identification is not available, other forms of identification may be accepted. Examples of documents that can be used to verify identity are provided on the Service Tasmania website, under the section relating to personal information cards. The JP must be satisfied as to the person’s identity
    • Documents must be originals, not copies. While it is preferable that documents are current, there is no strict requirement in Tasmania for them to be — except that an Australian passport or driver licence must not have expired more than two years ago.
    • Check that names, addresses and other relevant details on the identification align with those on the document being witnessed.
  2. Check authority to witness
    • Ensure you are authorised to witness the document.
  3. Verify document completion
    • Ensure the document is properly completed.
    • Do not provide legal advice.
  4. Check for special requirements
    • ­   Ensure compliance with any special instructions for the witness.
  5. Confirm legal age
    • Ensure the person is 18, unless the document allows for under-18 execution.
    • Ask for proof of age if required.
  6. Ensure understanding and voluntary signing
    • Confirm the person understands what they are signing and that they are signing freely, without coercion.
  7. Verify document date
    • Ensure the signing date matches the witnessing date.
  8. Check for alterations, blank spaces or unanswered questions
    • All alterations must be initialled by you and the signatory.
    • Mark blank spaces with ‘Z’ or ‘X’ and initial.
    • Ensure all questions are answered or marked ‘not applicable’ with initials.
  9. Check for exhibits/annexures/attachments
    • Ensure attachments are identified and present.
    • Do not witness if attachments are missing or incomplete.
  10. Ensure signing in your presence
    • Ensure the person signs in front of you.
    • If previously signed, ask for re-signing.
    • You and signatory must initial and date the crossing-out by, if applicable.
  11. Witness and sign
    • After the person signs, add your signature, date and JP details.
    • If multiple places to sign, witness each separately.
    • Ensure each page is initialled as needed.

For checklists relating to specific documents, including search warrants or affidavits, please refer to those sections.

Please refer to the Justices of the Peace Handbook for any issues not covered above.

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