24. Checklists

Justice of the Peace Handbook

Please note: You must not mark an original document.

24.1 Certifying a copy of a document*

* Please refer to 24.3 for certifying a multi-page copy.

Steps for certifying a copy of a document

1.

Inspect the original document and use your best judgement to satisfy yourself that it is the original document.
2. Inspect the copy to satisfy yourself that it is a true copy of the original document and has not been altered.
3. Carefully check that any names, dates and other identifying elements have not been changed.
4.

Certify the document using certification stamp (if available), preferably in coloured ink:

Certified to be a true copy of the original seen by me.

5. Add General JP stamp, date, and sign.

24.2 Checklist for certifying a copy of a certified copy*

* Please refer to 24.3 for certifying a multi-page copy.

Steps for certifying a copy of a certified copy
1. Inspect the original document and use your best judgement to satisfy yourself that it is the original document.
2. Inspect the copy to satisfy yourself that it is a true copy of the original document and has not been altered.
3. Carefully check that any names, dates and other identifying elements have not been changed.
4.

In place of certification stamp, write:

Certified to be a true copy of another certified copy seen by me.

5. Add General JP stamp, date, and sign.

24.3 Certifying a multiple page copy

Steps for certifying a multiple page copy

1. Inspect every page of the original document and use your best judgement to satisfy yourself that it is the original version.
2. Inspect the copy to satisfy yourself that it is identical to the original document and has not been altered.
3. Initial and number each page of the copy, e.g., page 1 of 20, 2 of 20.
4.

On the first page of copy, unless there is insufficient space, stamp or write:

Certified to be a true copy of the original seen by me.

If there is insufficient space on the first page, it is recommended that certification occurs on the final page.

5. Add General JP stamp, date and sign.
6. Where possible, staple or fasten the pages together.

24.4 Certifying an enduring and non-enduring power of attorney

Steps for certifying an enduring and non-enduring power of attorney
1.

On each page, other than the last page of the copy, certify to the effect that the copy of that page is a true and complete copy of the corresponding page of the original.

This is a true and complete copy of the corresponding page of

[insert name of original document]

[Stamp of Name, Address and Title of witness]

2.

On the last page, certify to the effect that the copy of the instrument is a true and complete copy of the original instrument.

This is a true and complete copy of the last page of

[insert name of original document]

........................ [your signature]

[Stamp of Name, Address and Title of witness]

For multi-page documents, number and initial each page. You should also follow this procedure to certify a copy of a certified copy of an enduring power of attorney (with appropriate modifications).

24.5 Witnessing documents - General Checklist

1. What type of document is it?
2. Can a JP witness the document?
3. Is the document correctly completed?
4. Are there special requirements/instructions on the document?
5. Is the person signing, the person named in the document?
6. Does the person understand what they are doing – does the person have decision-making capacity?
7. Is the person signing of his or her free will?
8. Advise the person of penalties for false statements.
9. Is the date on the document correct?
10. Are there any alterations, blank spaces, or erasure marks on the document? (Initial and date all alterations, blank spaces, or erasure marks)
11. Are there any exhibits, annexures, or attachments?
12. Endorse all certificates for each exhibit (stamp, sign and date).
13. Ensure the document is signed in your presence.
14. Administer the oath, affirmation, or declaration (if required).
15. Sign and add your JP details.

24.5.1 Variations to documents

Alterations Initial and date (JP and signatory).
Blank Space 'Z' or 'X' across space (JP and/or signatory).
Exhibits, Annexures, Attachments

Mark each extra page, e.g., 'Exhibit A' or 'A1-2' (signatory).

Ensure the date on the certificate is identical to the date on the main document (JP).

Attach a Certificate for each attachment.

Multiple pages

Mark each extra page, e.g., 'page 1 of 4', 'page 2 of 4' (signatory).

Sign at bottom of each page (JP).

Permanently fasten all together.

24.6 Statutory declaration

Please note: Only use general JP stamps.
Please ensure you also follow the instructions on the General Checklist (24.5) for all documents to be witnessed.

Steps for witnessing a statutory declaration
1. Check the declarant understands what they are doing.
2. Ask the declarant if they are the person named in the document and if their full name is included in the document.
3. Ensure the declarant is signing of their own free will.
4. Advise the declarant of penalties for false statements.
5. Ensure the statutory declaration is in a proper form.
6. Ask the declarant to sign or initial any alterations and blank spaces (this is also required of a JP).
7. Ask the declarant to sign a certificate identifying the document as an exhibit. A separate certificate applies to each attached documents.
8. Endorse all certificates for each exhibit (stamp, sign and date).
9. Ask the declarant to sign or initial the bottom of each page of a multi-page statutory declaration (this is also required of a JP).
10. Watch the declarant sign the document in front of you.
11. Administer the declaration.
12. Sign and stamp/write your JP details on the statutory declaration, adding location and date.

Declaration (declarant repeats)

“I, [name of declarant] of [address] declare that the contents of this statutory declaration are true and correct.”

24.6.1 Variations to documents

Alterations Initial and date (JP and signatory).
Blank Space 'Z' or 'X' across space (JP and/or signatory).
Exhibits, Annexures, Attachments

Mark each extra page, e.g., 'Exhibit A' or 'A1-2' (signatory).

Ensure the date on the certificate is identical to the date on the main document (JP).

Attach a Certificate for each attachment.

Multiple pages

Mark each extra page, e.g., 'page 1 of 4', 'page 2 of 4' (signatory).

Sign at bottom of each page (JP).

Permanently fasten all together.

24.7 Affidavits

Please note: Only use general JP stamps.

Steps for witnessing an affidavit
1. Check the document for special requirements and speak to the deponent about any special needs. For example, an interpreter, special instructions from document maker, multiple exhibits.
2. Ensure the deponent understands the nature of an oath and is signing the affidavit of their own free will.
3. Ask the deponent to choose either an oath or affirmation.
4. Advise the deponent of penalties for false statements.
5. Ask the deponent to sign or initial any alterations, erasures or blank spaces with a ‘z’ or an ‘x’ to cover the gap. Both the authorised witness and the deponent should initial these alterations. We also suggest dating each alteration.
6. Ask the deponent to sign each page of the affidavit. Both the authorised witness and the deponent should initial each page of the affidavit. For multi-page affidavits, each page must be numbered i.e., 1 of 5, 2 of 5 etc.
7. Ask the deponent to sign a certificate identifying the document as an exhibit. A separate certificate applies to each attached document.
8. Endorse all certificates for each exhibit (stamp, sign and date).
9. Watch the deponent sign the affidavit in front of you.
10. Administer the oath or affirmation.
11. Complete the jurat section stating when and where the affidavit was made.
12. Write or stamp your name, address and title. (You may use your JP stamp).
13. Add your signature to the jurat.

Oath

“I swear (or promise) by Almighty God [or the person may name a god recognised by the person’s religion] that the contents of this affidavit is [these my affidavits are] true and correct [and these are the exhibits referred to in the affidavit/s].”

Affirmation “I solemnly, sincerely and affirm that the contents of this my affidavit is [these my affidavits are] true and correct and [and these are the exhibits referred to in the affidavit/s].”
Affirmation (child or deponent with a cognitive impairment) “I, [name of person making the promise], promise that I have told the truth in this affidavit, and it is correct.”
Jurat

Oath: Sworn at…

Affirmation: Affirmed at...

More than one person: By the above named deponents…

Altered after oath/affirmation: Re-sworn/Reaffirmed at…

24.8 Remote and online witnessing

Steps for remote and online witnessing
1. Determine whether the document can be electronically signed and witnessed online.
2. Ensure that you as an authorised JP can witness the document – this includes being a 'special witness'.
3. In addition to the usual enquiries you would make about the type of document being dealt with, ensure the necessary technology requirements are met.
4. Ensure all parties involved are connected through an audio-visual link.
5.

Ensure the existing requirements of witnesses are satisfied, for example:

  • The identity of the signatory
  • That the signatory has decision-making capacity
  • That there is no defect (e.g., undue influence, duress, or unconscionable conduct) apparent in the transaction
  • That the signatory is signing freely and voluntarily
6. Using audio-visual technology, conduct the processes that you would usually undertake in witnessing signatures, making declarations and taking oaths and affirmations.
7. Ensure a statement is included that specifies the manner of the witnessing and clarify whether a scanned or electronic copy of the document was used.
8. Ensure all steps are completed on the same day.

24.9 Conflict of interest

Use these considerations when assessing a potential conflict of interest.

Public duty versus private interest Do I have personal or private interests that may conflict or be perceived to conflict with my public duty?
Potential Could there be benefits for me now or in the future that could cast doubt on my objectivity?
Perception Could there be benefits for me now or in the future that could cast doubt on my objectivity?
Proportion Does my involvement in the decision appear fair and reasonable in the circumstances?
Presence of mind What are the consequences if I ignore a conflict of interest? What if my involvement was questioned publicly?
Promises Have I made any promises or commitments in relation to the matter? Do I stand to gain or lose from the proposed action or decision?

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