The Law Handbook 2024

Chapter 1.2: An introduction to the courts 27 to talk to them after a trial to the Juries Commissioner (see ‘Contacts’ at the end of this chapter). More information for jurors For more information about being a juror, visit www.juriesvictoria.vic.gov.au. Also, after a trial, if jurors are upset or distressed by the experience of having been a juror, they may contact the Juror Support Program (see ‘Contacts’ at the end of this chapter) to arrange free confidential counselling. Legal documents Statutory declarations Statutory declarations are used for many purposes: • verification of insurance claims; • proof of age; • applications for sick leave or some benefits; • other situations where a formal record is required that states the information provided is true. The person making the statement (the declarant) must sign the declaration in the presence of an authorised witness (e.g. a justice of the peace) and make a solemn declaration that it is true and correct. A statutory declaration can only be made by a natural person (i.e. not by an organisation or company). Anyone knowingly making a false declaration is liable to criminal prosecution for perjury. A statutory declaration may be typed or hand­ written, and should be in a similar form to the following if for use in Victoria: STATUTORY DECLARATION I [ insert declarant’s full name ], [ insert occupation ] of [ insert declarant’s street address ] in the State of Victoria do solemnly and sincerely declare that [ insert details ]. I acknowledge that this declaration is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable to the penalties of perjury. [ To be signed here by the declarant, in the presence of an authorised witness ] (Witness to complete the following section) Declared at [ place ] in the State of Victoria, this [ date ] day of [ month ] 20[ XX ] before me, [ witness to sign here ] (Witness to write, type or stamp their name, title or position and address below their signature) Standard statutory declaration forms and a list of authorised witnesses are available on the website of the Victorian Government Department of Justice and Community Safety (www.justice.vic.gov.au) . ‘Document signing stations’ provide the community with convenient access to justices of the peace during business hours and evenings. The stations are located in public places (e.g. police stations and libraries). To find a document signing station, use the ‘Find a JP document signing station’ tool at www.justice.vic.gov.au. Services offered by justices of the peace at signing stations include: • attesting the execution of a document; • witnessing an affidavit for use in court; • witnessing a statutory declaration; • certifying a true copy of an original document; • certifying a person’s identity. For information about justices of the peace and public notaries, see ‘Witnessing legal documents’, below. Statutory declarations that are to be used in other Australian states may require different wording, and it is best to have them witnessed by a justice of the peace or a solicitor. Before making a declaration, check the require­ ments of the different states with the Law Institute of Victoria (see ‘Contacts’ at the end of this chapter). Declarations made under Commonwealth laws also require different wording. The list of authorised witnesses for Commonwealth declarations differs to those to be used in Victoria. The requirements for declarations made under Commonwealth laws should be checked with the relevant government department, authority or court before making the declaration. The Victorian Government Department of Justice and Community Safety’s website (www.justice.vic.gov.au) has information about this. Any documents that are to be used overseas should be witnessed by a public notary or justice of the peace. However, this depends on the country, as some will only accept the seal of a public notary. Check the requirements with the consulate for that country before having any documents witnessed. A statutory declaration may be signed, and witnessed, electronically.