Who Can Witness Documents in Western Australia
Table of contents
In Western Australia, the correct witness depends on the document and destination. Statutory declarations, affidavits and enduring powers of attorney use different rules. For overseas use, the recipient may require a notary, but some original Australian public documents can go directly to DFAT. In regional WA, checking the exact rule can prevent an unnecessary trip.
Key takeaways
- WA's list of people who can witness a statutory declaration is long and covers many professions, which helps outside Perth.
- An affidavit has a shorter list of authorised witnesses, and courts add their own rules.
- A WA enduring power of attorney requires two adult witnesses with full legal capacity, present together; at least one must be an authorised statutory-declaration witness.
- JPs provide free authorised services, but DFAT will not legalise a copy certified only by a JP.
- For overseas documents, first determine whether the recipient wants the original, notarisation, DFAT legalisation, or a combination.
Why the witness list matters so much in WA
Western Australia covers a third of the continent, and many people live hours from a courthouse, a JP or a notary. Mining and fly-in fly-out rosters, pastoral stations and remote communities make it hard to be in the right town on the right day. That is why it pays to know exactly who may witness your document before you travel, rather than assuming only a JP or lawyer will do.
WA law sets out who may witness each kind of document, and the lists differ. Other state or territory rules may also differ. The WA Department of Justice publishes the current lists and forms. The body receiving your document can ask for more than the law requires, so read its instructions too.
Who can witness a WA statutory declaration?
WA's list is broad. Alongside JPs and lawyers, it includes specified registered professionals, police officers, public servants and other office holders. The maker must follow the statutory declaration procedure, including the oral declarations made in the authorised witness's presence. The witness then signs and records the required identifying and qualification details.
That breadth is useful in regional WA, but the person must currently meet the formal description; a retired professional may no longer qualify. Check the current WA authorised-witness list and form. A Commonwealth declaration is a different instrument, so use the form the receiving body specifies rather than assuming from the witness's occupation. Our guide to who can witness a statutory declaration compares them.
Who can witness an affidavit in WA?
An affidavit is sworn or affirmed evidence, usually for a court. WA limits ordinary affidavit witnesses to categories including a JP, legal practitioner, public notary, registrar or clerk of a court, and a mining registrar. The WA Government's JP guidance lists the current categories. The particular court may impose additional rules for the affidavit, annexures and exhibits.
If the affidavit is for a foreign court, do not assume an Australian notary or DFAT certificate is always required. Obtain written instructions identifying the permitted witness, certificate wording, legalisation and translation. See our guides to statutory declaration witnesses and notarial signature witnessing.
Who can witness an enduring power of attorney in WA?
A WA enduring power of attorney concerns property and financial decisions. The donor signs before two witnesses who are both at least 18 and have full legal capacity. Both must be present when the donor signs, and at least one must be currently authorised to witness WA statutory declarations. The non-authorised witness must not be an attorney, substitute attorney or another party to the document. WA guidance recommends that the authorised witness also be independent, and Landgate has its own requirements for land dealings.
The WA Government's current EPA guidance also explains that there is no general EPA register, although Landgate has separate requirements, timing and fees when an EPA will support land transactions. Enduring guardianship and advance health instruments have different functions and rules. Our power of attorney service guide and guide to enduring power witnesses give the general picture.
What does a WA Justice of the Peace do?
A WA JP is a volunteer office holder who may witness statutory declarations and affidavits and perform accepted certification functions without charging for the JP service. A JP does not give legal advice or certify that a declaration's contents are true, and JP status does not make someone the correct witness for every instrument.
Availability varies by town and roster. Before travelling, confirm that a JP is accepted for the exact document and ask what originals or identification to bring. For foreign use, distinguish the recipient's witnessing requirement from DFAT legalisation: a copy certified only by a JP is not eligible for DFAT legalisation. Our guide to witnessing signatures before a notary explains the overseas-document role.
Which WA 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 |
|---|---|---|
| WA statutory declaration | Anyone on WA's authorised witness list, including JPs | That the witness's role is on the current list |
| Commonwealth statutory declaration | Anyone on the Commonwealth list of approved witnesses | That the receiving body wants the Commonwealth form |
| Affidavit for a WA court | A JP, lawyer or other authorised witness | The court's rules on form and exhibits |
| Enduring power of attorney | Two eligible adults with full legal capacity; at least one authorised statutory-declaration witness | Current form, simultaneous presence and any Landgate requirements |
| Certified copy for an Australian body | A JP or another person the body accepts | The body's own list of certifiers |
| Document for use overseas | The issuer, a notary or another witness specified by the recipient | Whether it needs the original, notarisation, DFAT legalisation or a combination |
When do you need a notary in WA?
Use a WA notary when the overseas recipient requires a notarial act, such as witnessing a signature, administering an oath, verifying authority or certifying a copy. Overseas destination alone is not enough: many eligible original Australian government documents can be submitted directly for DFAT legalisation without prior notarisation.
DFAT's document legalisation guidance explains when an original, verified education document or notarised copy is acceptable. An apostille or authentication verifies the relevant signature, stamp or seal; it does not approve the content or decide whether a foreign recipient will accept it. Our document notarisation guide and apostille and authentication guide cover the steps.
Can documents be witnessed remotely in WA?
Do not rely on WA's former COVID-19 video-witnessing rules. The temporary provisions for affidavits and statutory declarations expired on 31 December 2022, and current EPA guidance requires both witnesses to be present when the donor signs. Unless a current law or the document's official procedure expressly provides otherwise, arrange physical presence.
Remote-witnessing permission in another jurisdiction does not automatically permit every notarial act by video in WA. A notary must confirm whether the particular act is legally and professionally permitted, and the receiving authority must accept it. Our mobile notary guide explains what to ask, and the article library covers practical planning questions.
How do you prepare to have a document witnessed in WA?
- Identify the document type and where it is going.
- Read the receiving body's instructions for the form and the witness it wants.
- Check the current WA list to confirm your witness's role qualifies.
- Follow the signing instructions and do not sign until the authorised procedure tells you to.
- Bring original photo identification and the originals of anything to be certified.
What are the common mistakes with WA documents?
Common problems include using a witness whose occupation is no longer current, choosing the WA form when a Commonwealth declaration was requested, missing the oral declaration or oath, or sending DFAT a copy certified only by a JP. Another is relying on expired remote-witnessing rules. In regional WA, each mistake can mean another trip, so check the current official procedure first.
How much does witnessing cost in WA?
A JP does not charge for authorised JP services, and the WA Government's EPA form and guide are available without charge. Lawyers and notaries may charge for advice, drafting or professional witnessing. Overseas work may also involve notarial certificates, extra signers or copies, travel from regional WA, urgency, and separate DFAT, translation, consular and courier fees. Send the complete document and recipient instructions before booking and request an itemised quote; do not pay for notarisation if an accepted free witness or eligible original public document is sufficient.
What does this look like in practice?
Here is an illustration, not a real case. Jake works fly-in fly-out from Perth to a mine in the Pilbara. He needs a WA statutory declaration for a vehicle matter, and a power of attorney so his father can sell a house in Ireland.
He checks the current WA list and confirms that the registered nurse at the site medical centre is currently eligible to witness his WA statutory declaration, so he follows the prescribed process on shift. The Irish solicitor supplies separate written instructions requiring the property power of attorney to be signed before a WA notary and then legalised. Jake books the notary for rostered leave and arranges the specified DFAT step.
In short
In Western Australia, match the witness and procedure to the document: the statutory-declaration list, the narrower affidavit categories, and two eligible witnesses for an EPA. Do not rely on expired COVID remote rules or assume every overseas document needs a notary. Check the current official guidance and recipient instructions before travelling or signing.
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Not sure who should witness your WA document? Send the document type, destination, recipient instructions, signer location and deadline. We can identify whether a notarial service is involved and provide an itemised quote before you book.
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Frequently asked questions
Who can witness a statutory declaration in WA?
A person on WA's current authorised-witness list, including JPs, lawyers and specified professionals and office holders. The maker must complete the prescribed oral declaration, and a professional witness generally must still hold the listed role.
Is a WA statutory declaration the same as a Commonwealth one?
No. They arise under different legislation and use different forms and procedures, although the eligible witness lists overlap. Use the form and method the receiving body specifies.
Who can witness an affidavit in WA?
A shorter list of authorised witnesses than for statutory declarations, including JPs, lawyers and certain court and public officers. Courts also have their own rules about the form of affidavits and exhibits, so follow the court's instructions.
Who can witness an enduring power of attorney in WA?
Two witnesses must be present when the donor signs; both must be at least 18 and have full legal capacity, and at least one must be currently authorised to witness WA statutory declarations. The non-authorised witness must not be an attorney, substitute attorney or another party. Independent witnesses are recommended, and Landgate requirements should be checked for land dealings.
Do WA JPs charge?
No. Justices of the Peace in Western Australia are volunteers and do not charge for witnessing documents or certifying copies. Many are available by arrangement, and some towns have regular JP sessions. Check availability before you travel.
Can a WA JP certify documents for overseas use?
A JP may certify a copy where accepted, but DFAT will not legalise a copy certified only by a JP. The overseas recipient may instead require an original public document, a notarised copy or another specified form. Ask first.
Who appoints notaries in WA?
In Western Australia, notaries are appointed by the Supreme Court of Western Australia. They are experienced lawyers who keep a permanent record of their notarial acts. Other states and territories have their own arrangements.
I live in a remote part of WA. How do I get a document witnessed?
Check the document-specific witness list first because a currently registered local professional may qualify. For overseas work, obtain written recipient instructions and ask the notary whether travel, a regional appointment or another lawful arrangement is available.
Can documents be witnessed by video in WA?
Do not rely on WA's former COVID provisions; they expired on 31 December 2022. Unless current law expressly permits video for the exact document, arrange physical presence. Remote permission elsewhere does not automatically permit a WA notarial act; the notary and recipient must confirm it.
What should I bring when a document is witnessed?
Bring the unsigned document with every page, original photo identification such as a passport or driver licence, and the originals of anything to be certified. Read the receiving body's instructions first so you know which form and witness it wants.
