Who Can Witness Documents in South Australia?

In South Australia, who can witness a document depends on what it is. Statutory declarations, enduring powers of attorney and advance care directives each have their own rules about authorised witnesses. A Justice of the Peace can witness many everyday documents free of charge. Documents going overseas usually need a notary public, whose signature DFAT can apostille.

Key takeaways

• South Australia sets out who may witness statutory declarations, affidavits, enduring powers of attorney and advance care directives. The lists are not all the same.
• Since 2014, the advance care directive has been South Australia's single document for future health, accommodation and personal decisions.
• An enduring power of attorney covers financial matters only, and has its own form and witness rules.
• 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 if an apostille is asked for.

Which documents have their own witness rules in South Australia?

South Australia treats witnessing as a safeguard, and it sets rules for each kind of document according to what is at stake. A statutory declaration is a written statement you declare to be true. An affidavit is sworn evidence for a court. An enduring power of attorney hands someone control of your finances, possibly after you lose capacity. An advance care directive records your wishes about health care and appoints people to make decisions for you.

Each has its own form, and the people who may witness it are set out in South Australian law. The lists overlap, and Justices of the Peace and lawyers appear on most of them, but they are not identical. So the first step is always to identify the document, and the second is to check the current list for that document. The South Australian Government publishes the forms and guidance.

Who can witness a South Australian statutory declaration?

A South Australian statutory declaration must be witnessed by a person authorised under South Australian law, such as a Justice of the Peace, a lawyer, a notary or certain other office holders. The witness watches you sign, checks your identity and completes the witness details on the form.

South Australia's list is not as long as some other states' lists, so check that your witness qualifies before you rely on them. If the receiving body is a Commonwealth agency, such as Home Affairs, it will usually want a Commonwealth statutory declaration instead, which has its own form and a broad list of approved witnesses. The Attorney-General's Department publishes the Commonwealth form and witness list. Our guide to who can witness a statutory declaration compares the options.

What is an advance care directive?

An advance care directive is South Australia's document for recording your wishes and values about future health care, where you live, and other personal matters, and for appointing substitute decision-makers to act if you cannot. Since 2014 it has replaced the older South Australian documents that covered these matters separately, such as enduring powers of guardianship and medical powers of attorney. Documents made under the older arrangements before the change generally continue to have effect.

An advance care directive must be made on the approved form and signed in front of an authorised witness, who also confirms that you appeared to understand it and were not pressured. The list of authorised witnesses for advance care directives includes JPs and lawyers as well as certain health practitioners and other professionals; check the current list with the South Australian Government's advance care directive guidance before you sign. Our guide to enduring guardianship forms explains how the equivalent documents work elsewhere.

Who can witness a South Australian enduring power of attorney?

An enduring power of attorney in South Australia covers financial and property matters, not health or personal decisions, which belong in an advance care directive. It must be made on the prescribed form and witnessed by an authorised witness, such as a Justice of the Peace, a lawyer or another person authorised under South Australian law, who certifies that you appeared to understand the document.

These documents may be relied on when you can no longer speak for yourself, so the rules are applied strictly. Use the current form, read its notes, and speak to a lawyer if your affairs are complex or your family situation is difficult. Our guide to powers of attorney gives the general picture.

Which SA 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
SA statutory declaration	A JP, lawyer, notary or other authorised person	That your witness is on the current SA list
Commonwealth statutory declaration	Anyone on the Commonwealth list of approved witnesses	That the receiving body wants the Commonwealth form
Affidavit for an SA court	A JP, lawyer or other authorised person	The court's rules on form and exhibits
Enduring power of attorney	An authorised witness, such as a JP or lawyer	The current prescribed form
Advance care directive	An authorised witness from the advance care list	The current approved form and witness list
Document for use overseas	A notary public, then DFAT if asked	What the foreign body wants: notarisation, apostille or both

What does a South Australian JP do?

A Justice of the Peace in South Australia is a volunteer appointed to serve the community. JPs do not charge. They witness statutory declarations, affidavits and many other documents, and certify copies of documents they have sighted. 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 sessions in many suburbs and towns, and by arrangement. For documents that stay in Australia, a JP is often all you need. For documents going overseas, a JP cannot replace a notary. Our guide to notaries and JPs explains where a JP's role ends.

When do you need a notary in South Australia?

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

Overseas authorities recognise a notary's signature and seal, and DFAT can authenticate it or add an apostille. DFAT does not apostille a JP's signature, and most foreign bodies do not accept JP certifications. Common examples are powers of attorney for property overseas, affidavits for foreign courts, certified copies of degrees for overseas employers, and company documents for foreign registries. Our guides to notary public in Adelaide and which documents can be apostilled cover the practical steps.

Can documents be witnessed remotely in South Australia?

South Australia allows some documents to be signed or witnessed electronically or by audio-visual link, under conditions set by South Australian law, and those arrangements have changed since 2020. Whether your document qualifies depends on its type, and the receiving body must also be willing to accept it.

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 SA?

1. Identify the document: statutory declaration, affidavit, enduring power of attorney, advance care directive, or something for overseas.
2. Use the current approved form, and read any notes that come with it.
3. Check your witness is authorised for that particular document.
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. Rosa lives in Mount Gambier. She wants her son to manage her finances if needed, her daughter to make health decisions for her, and she has inherited a share of a family property in Italy.

She completes an enduring power of attorney for her finances and an advance care directive for health decisions, each on the current South Australian form, and signs both in front of a JP at a community session after checking that a JP is an authorised witness for each. For the Italian inheritance, the notaio in Italy asks for a notarised power of attorney with an apostille, so she books a notary and then sends the document to DFAT.

In short

In South Australia, match the document to its purpose and its witness: an authorised witness for statutory declarations, an enduring power of attorney for finances, an advance care directive for health and personal decisions, and a notary for documents going overseas. Use the current forms, check the witness list for each document, and follow the receiving body's instructions.

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Not sure who should witness your South Australian document? Send us the instructions you were given, and we will explain each step before you book.