In New South Wales (NSW), a statutory declaration must be witnessed by an authorised person to be valid. The authorised witnesses typically include:
- Justices of the Peace (JP)
- Notaries Public
- Commissioners for taking affidavits
- Legal Practitioners (lawyers)
- Persons authorised to administer oaths
The authorised witness must verify the identity of the declarant (person making the declaration), which often involves checking approved identification documents such as a driver's licence or passport. Additionally, the witness should ensure that the declarant is competent and making the declaration willingly. The NSW legislation also allows for statutory declarations to be witnessed remotely via audio-visual link (video call), provided the authorised witness observes the signing in real time and confirms the identity of the declarant. Simply put, witnesses must be authorised officials with roles such as JP, notary public, legal practitioner, or commissioner for affidavits in NSW.