Who Can Witness Documents in the ACT?

In the ACT, a Justice of the Peace or another authorised witness can witness most documents used in Australia. Statutory declarations in the ACT generally follow the Commonwealth form. Enduring powers of attorney have stricter witness rules. Documents going overseas usually need a notary and then DFAT, and sometimes an embassy in Canberra.

Key takeaways

• ACT statutory declarations generally use the Commonwealth form and its broad list of approved witnesses. Check what the receiving body asks for.
• An enduring power of attorney in the ACT needs two adult witnesses, one of whom must be authorised to witness statutory declarations, and neither can be connected to the document.
• Justices of the Peace are free volunteers. Their signature cannot be apostilled for use overseas.
• For documents going abroad, use a notary public, then DFAT for an apostille or authentication.
• For countries outside the Apostille Convention, the last step is often legalisation at an embassy in Canberra.

Which statutory declaration form applies in the ACT?

Most states have their own statutory declaration law and form. In the ACT, statutory declarations are generally made under the Commonwealth arrangements, so the Commonwealth form and its list of approved witnesses are usually what you need, both for ACT matters and for federal agencies such as Home Affairs. If a receiving body gives you its own form, use that.

The Commonwealth list of approved witnesses is broad. It includes Justices of the Peace, lawyers, many health professionals, police officers, and many public servants and other professionals, which is useful in a city where so many people work in government. The Attorney-General's Department publishes the Commonwealth form, witness list and digital options. Our guide to who can witness a statutory declaration explains the list in more detail.

Who can witness an enduring power of attorney in the ACT?

An enduring power of attorney lets someone manage your affairs, including if you lose capacity. In the ACT it must be signed in front of two adult witnesses. One of them must be a person authorised to witness statutory declarations, and neither may be your attorney or a relative of you or your attorney. Both witnesses certify that you appeared to sign freely and understand the document.

The ACT has its own form for enduring powers of attorney, and a separate process for health directions. Because these documents may be relied on when you can no longer speak for yourself, get them right: use the current ACT form, arrange both witnesses at the same time, and speak to a lawyer if your affairs are complex. The ACT Public Trustee and Guardian publishes guidance. Our guide to powers of attorney gives the general picture.

What does an ACT Justice of the Peace do?

A Justice of the Peace in the ACT is a volunteer appointed to witness documents for the community. JPs do not charge. They witness statutory declarations and affidavits, certify copies of documents they have sighted, and can be one of the witnesses to an enduring power of attorney. A JP checks your identity and watches you sign, but does not give legal advice or confirm that what you have written is true.

JPs are available at community locations and by arrangement across Canberra. For documents that stay in Australia, a JP is often all you need. For documents going overseas, a JP cannot replace a notary, because DFAT cannot apostille a JP's signature. Our guide to notaries and JPs explains where a JP's role ends.

What about certified copies in the ACT?

Certified copies are the most common request in Canberra, for job applications, security vetting, university enrolments, visas and bank accounts. To certify a copy, the witness compares it with the original in front of them and signs it, usually with a statement that it is a true copy of the original sighted, their name, their role and the date. They cannot certify a copy of a copy, a scan or a document they have not seen.

For Australian bodies, a JP's certified copy is normally enough, and many bodies publish their own list of who may certify, which often includes a wide range of professionals. For an overseas university, employer or bank, a notarial certified copy is usually needed instead, because the foreign body can check the notary's standing and DFAT can apostille it. Our guide to a certified true copy explains the difference, and several certified copies covers larger sets of documents.

Which ACT document needs which witness?

The table gives the usual answer. The receiving body's instructions always come first.

Document	Usually witnessed by	What to check
Statutory declaration	Anyone on the Commonwealth list of approved witnesses	Whether the receiving body supplies its own form
Affidavit for an ACT court	A JP, lawyer or other authorised person	The court's rules on form and exhibits
Enduring power of attorney	Two adults, one able to witness statutory declarations	The current ACT form and guidance
Certified copy for an Australian body	A JP or another person the body accepts	The body's own list of certifiers
Document for a Hague Convention country	A notary, then a DFAT apostille	That the country is a member, on the day
Document for a non-member country	A notary, DFAT authentication, then the embassy	The embassy's current legalisation rules

When do you need a notary in the ACT?

You need a notary when a document is going overseas and the foreign body wants it notarised or apostilled. A notary public in the ACT is an experienced lawyer appointed under ACT arrangements to perform notarial acts: witnessing signatures, certifying copies, administering oaths and preparing notarial certificates for use abroad.

Common examples are powers of attorney for property overseas, affidavits for foreign courts, certified copies of degrees and passports for overseas employers, and company documents for foreign registries. After the notary signs, DFAT adds an apostille or authentication if the foreign body asks. Our guides to notary public in Canberra and which documents can be apostilled cover the practical steps.

How do Canberra's embassies fit in?

Canberra is home to most of the embassies and high commissions in Australia, and that matters for one kind of document. If the country your document is going to is not a party to the Hague Apostille Convention, an apostille is not available. Instead, DFAT authenticates the notary's signature and seal, and then the country's embassy or consulate legalises the document, usually in Canberra, though some countries also have consulates in other cities.

Each embassy sets its own rules for legalisation: what it accepts, whether it needs an appointment, whether it takes documents by post, and what translations it wants. Check the embassy's current requirements before you start, and check the HCCH status table on the day, because Convention membership changes. Our guide to consular legalisation explains the process.

Can documents be witnessed remotely in the ACT?

Some documents can be signed or witnessed electronically or by audio-visual link under current ACT and Commonwealth arrangements, and Commonwealth statutory declarations can in some cases be made digitally. Whether your document qualifies depends on its type, and the receiving body must also accept it.

A digital Commonwealth declaration can be convenient for a federal agency in Canberra, but check first that the agency accepts one, since some processes still ask for a signed paper form witnessed in person.

For documents going overseas, the foreign body decides whether it accepts a remotely witnessed act, and many do not. Ask before you arrange a video appointment. Our remote notary guide explains what to ask.

How do you prepare to have a document witnessed in the ACT?

1. Identify the document and where it is going: the ACT, a federal agency, or overseas.
2. Use the right form, usually the Commonwealth form for statutory declarations.
3. Arrange the right witnesses, including both witnesses together for an enduring power of attorney.
4. Leave the document unsigned until you are in front of the witness.
5. Bring original photo identification and the originals of anything to be certified.

What does this look like in practice?

Here is an illustration, not a real case. Omar works in the public service in Canberra. He needs a statutory declaration for a federal agency, and a power of attorney so his brother can deal with a family property in Jordan.

He makes the declaration on the Commonwealth form, witnessed by a colleague whose role is on the approved list. For Jordan, which was not a Convention member when he checked, he signs the power of attorney before a notary, sends it to DFAT for authentication, and then books an appointment at the Jordanian embassy in Canberra for legalisation, following its published requirements.

In short

In the ACT, statutory declarations generally use the Commonwealth form and its broad witness list, enduring powers of attorney need two unconnected adult witnesses, and JPs witness most everyday documents for free. Documents going overseas need a notary and DFAT, and, for countries outside the Apostille Convention, legalisation at an embassy, most of which are in Canberra.

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