Project No. 28(I)
The reference originated as a result of several long-standing concerns:
In 1972, the Committee was given a general reference to report on the law relating to the formality of oaths, declarations and the attestation of documents.
There has been no legislative action to date to implement the Commission’s recommendations regarding changing the law to allow unattested statutory declarations. However, in 1987, the range of qualified witnesses under the Declarations and Attestations Act 1913 (WA) was increased by amendment to allow certain individuals such as town clerks, police officers, university academics, pharmacists and legal practitioners to automatically qualify to witness documents without prior registration. This addressed some of the problems that motivated the original reference such as the lack of sufficient qualified witnesses and the backlog of applications for appointment of Commissioners for Declarations.
The signing of affidavits with rubber stamps has since been prohibited by the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) s 15.
Last updated: 31-Jan-2017
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