The question of who can “witness an affidavit” in South Australia comes up quite often, not only in the context of litigation, but also in relation to such things as witnessing an Enduring Power of Attorney.

An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court.

In South Australia, an affidavit can be witnessed by:

  • A Justice of the Peace; and
  • A Commissioner for taking Affidavits – being:
    • Proclaimed members of the police force (member of the police force appointed under Part 5 of the Oaths Act 1936);
    • Justices and Masters of the Supreme Court or the District Court;
    • Magistrates;
    • Registrars and Deputy Registrars of the Supreme Court, the District Court, the Environment, Resources and Development Court, the Industrial Relations Court, the Youth Court and the Magistrates Court; and
    • All persons on the roll of practitioners of the Supreme Court (except any such person whose right to practise the profession of law is under suspension by virtue of disciplinary action taken against him).

This is a much narrower group of persons compared to those who can witness “Statutory Declarations” (which includes bank managers etc).

Please call us on 1300 654 590 if you would like to discuss the proper execution of your documents.

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