Affidavits

  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 ID is not available, other forms of ID are acceptable — see the full list on proving your identity. The onus is on the JP to 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. Confirm authorised witness
    • ­Ensure you are authorised to witness the affidavit.
  3. Verify document completion
    • Ensure the affidavit 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 affidavit allows for under-18 execution.
    • Ask for proof of age if required.
    • If the person is under 18, you must be satisfied that they understand the difference between telling the truth and lying, and that they understand the consequences of making a false statement.
  6. Ensure understanding and voluntary signing
    • Confirm the person understands what they are signing and the need for truth and that they are signing freely, without coercion.
  7. Do not check document content
    • Do not verify the content of the affidavit.
  8. Check document date
    • Ensure the signing date matches the witnessing date.
  9. 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.
  10. Check for exhibits/annexures/attachments
    • Ensure attachments are identified and present.
    • Do not witness if attachments are missing or incomplete.
    • Number and initial each page to prevent any substitution later.
    • For filing in the Supreme Court, check/complete the details on the annexure certificate, including the name of the deponent, the number of pages of the annexure, and then sign, date and stamp each annexure certificate – each page of the annexures doesn't need to be numbered or initialled.
  11. Explain penalties for false declaration
    • Inform the person of penalties for false declarations and get acknowledgment.
  12. Number pages
    • Ensure each page of the affidavit is sequentially numbered.
  13. 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.
  14. Administer oath or affirmation
    • Offer the person the choice of oath or affirmation and administer as appropriate.
  15. Counter-sign and date
    • Initial alterations, sign each page (except the last), and sign/date attachments.
  16. Complete the Jurat
    • Include the place, date, your signature, printed name, JP number, and authority (e.g. A Justice of the Peace).

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

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