Subject: Electronic witnessing of legal documents

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NCAT News - 24 April 2020
Electronic witnessing of legal documents
Audio visual technology (including, but not limited to, Skype, WhatsApp, FaceTime and Zoom) can now be used in the witnessing of important legal documents like wills, powers of attorney and statutory declarations during the COVID-19 pandemic. 

The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 makes the following changes:
  • Documents that require a witness may be witnessed by audio visual link (AVL)
  • Tasks in relation to witnessing a document may be performed by AVL
  • Written oaths, declaration or affidavit required for a purpose specified in section 26 of the Oaths Act 1900 may be taken or made before an Australian legal practitioner
  • Statutory declarations may be made before the Commonwealth’s expanded definition of whom a statutory declaration under the Statutory Declarations Act 1959 (Cth) may be made.
For more information read the Attorney General’s Media Release COVID-19. Video tech for witnessing legal documents.

NSW Civil and Administrative Tribunal
For more information call 1300 006 228 or visit
NSW Civil and Administrative Tribunal, Level 9, 86-90 Goulburn Street, SYDNEY, NSW 2000, Australia
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