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What can I witness before and after I am admitted?

The titles which employees of a law firm may use, and the documents they can sign/witness, are determined by legislation. Using the incorrect terms can be misleading. Below is a quick reference guide to allow firms to avoid the potential pitfalls that accompany misidentifying their employees.

The information below is for guidance only and correct as at the time of publication. If in doubt, the source legislation should be consulted or you can contact the QLS Ethics and Practice Centre on 07 3842 5843 or [email protected] .

Under no circumstances should any person witness a document for overseas use unless authorised by the domestic legislation of the foreign jurisdiction. Most overseas documents can be witnessed by a Notary Public or a consular officer. 

In those circumstances where the party seeking the witnessing of the document is asking you to act as a witness only, you should explicitly inform that party that you are not giving legal advice concerning that document.  

Authorised by the Principal Ethics and Practice Counsel, QLS Ethics and Practice Centre

30 April 2019 (Updated 12 July 2022)

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Having your documents certified ensures that we know your submitted documents are a genuine, true and correct copy of your original documents. It is important that you submit good quality, clearly scanned, colour certified documents to support your application to study with UniSQ. Documents in a language other than English, must have the English translation prepared by an accredited translator. The certification must be on the copy, not on another page attached to the copy.

For certified documents to be accepted by UniSQ, the certifying officer must:

In addition, if the certifying officer is a Justice of the Peace, the certifying officer must list registration number and state or territory of registration.

Example documents of what we may ask to be certified are as follows:

The certifying officer must be:

Part 1 - members of certain professions including:

Part 2 - other persons including:

How to get certified copies

When you submit a form, you need to provide certified copies of your identity documents.

A certified copy means an acceptable referee has endorsed the copy of your identity document.

Referees must be confident the copy of your identity document is a true copy of the original.

To certify a copy of your identity document, your referee needs to do all of the following:

Find out who can be an acceptable referee .

Find out which referees in Australia can certify copies of your identity documents when you request an Individual Healthcare Identifier (IHI).

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This information was printed 5 March 2023 from https://www.servicesaustralia.gov.au/how-to-get-certified-copies-documents . It may not include all of the relevant information on this topic. Please consider any relevant site notices at https://www.servicesaustralia.gov.au/site-notices when using this material.

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what to write when certifying documents qld

Who is authorised to certify copies of documents?

You must take the original documents to a representative who is authorised to certify them. The certifying person must be currently employed in one of the professions listed below:

In addition, for international students, the following are also acceptable:

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Required documents for radiation applications

If you are applying for a licence as an individual and you do not currently hold a licence issued under the Radiation Safety Act 1999 your application will need to include certified copies of your:

Certified copy: a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.

You can get your documents certified as correct copies of the original from a:

Proof of identity documents

Your application for a licence as an individual will need to include certified copies of 2 proof of identity documents:

At least 1 of the documents needs to contain a photograph.

Primary identity documents

You need to provide 1 document from this list:

Secondary identity documents

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© The State of Queensland (Queensland Health) 1996-2023

Queensland Government

Titles Queensland

Signing and witnessing requirements

Most Titles Queensland forms must be signed and dated in the presence of a qualified witness.

Witnesses must clearly print their full name near their signature as well as their qualification as a witness.

Use dense black or blue ink when signing the form to ensure that a quality electronic image of the signature is produced.

Additional requirements apply to some types of witnesses and to forms witnessed overseas. Please refer to Part 61 of the  land title practice manual  or speak to a lawyer for more information.

Who can witness?

Note:  A witness must not be a party to the instrument.

If the form is being executed in Australia, the witness must be either:

If the form is being witnessed outside Australia, the witness should be:

In special circumstances, it may be possible for another person to be approved to act as a witness. However, you must apply and obtain approval from the Registrar of Titles  before  the instrument is lodged. Please refer to Part 61-2400 of the  land title practice manual  or speak to a lawyer for more information.

A competent officer under the Defence Regulation 2016 (Cwlth) may witness the execution of a member of the Australian Defence Force (ADF) serving outside Australia (or a person who is accompanying the ADF outside Australia).

Overseas witnessing requirements

Additional requirements apply to overseas witnessing..

Before proceeding, please refer to Parts 61-2200 to 61-2220 of the  land title practice manual  or speak to a lawyer for more information.

Witnessing by Australian consular officers or Commonwealth employees

If your witness is an Australian consular officer or authorised employee of the Commonwealth, the witness will need to complete the Annex 12.2 —  Australian Embassy/High Commission/Consulate identity/witnessing certification form (PDF, 23KB) . You must attach the completed form when lodging your documents.

Witnessing by other authorised witnesses

Any other authorised witness (e.g. Australian lawyer or notary public) must complete a  Form 20 – Identity/witnessing certification  which is available from the  Titles Queensland forms page . This must be lodged along with your documents.

Proof of identity

Witnessing officers are legally required to take reasonable steps to verify the identity of the person signing the form and must keep a record of the steps taken or evidence of doing this.

Witnessing officers can ensure that they take reasonable steps by verifying your identity using the Verification of Identity Standard outlined in Part 61-2700 of the  land title practice manual .

If you fail to provide the witnessing officer with adequate proof of your identity, they may decline to witness your signature. You may wish speak to a lawyer about the proof of identity you intend to provide before arranging an appointment with a witnessing officer.

Documents must be current and could include combinations such as the following:

Please refer to Parts 61-2300 and 61-2310 of the  land title practice manual  for further information on the obligations of witnesses to verify your identity.

Proof of entitlement to sign

In addition to verifying the identity of the person signing the form, witnessing officers are also legally required to take reasonable steps to ensure the person signing the form is entitled to do so.

They must keep a record of the steps taken or evidence of doing this.

If you fail to provide adequate evidence of your entitlement to sign the form, they may decline to witness your signature.

Adequate evidence could consist of current documents such as:

Please refer to Parts 61-2300 and 61-2320 of the  land title practice manual  for further information on the obligations of witnesses to verify your entitlement to sign.

New purchasers

New purchasers who cannot provide the evidence listed above may provide either:

Signing under a power of attorney

An attorney for a person or for a corporation can sign a Titles Queensland form under the authority of a power of attorney. A signing clause must be inserted adjacent to the signature of the attorney stating  ‘[Name of principal] by their duly constituted attorney [Name of attorney and/or designation attorney] under Power of Attorney [dealing number of registered power of attorney]’ .

You will need to produce the original or a certified copy of the power of attorney to the witnessing officer as evidence of entitlement to sign.

The power of attorney is not required to be registered with Titles Queensland at the time of signing the form, but it must be registered prior to registration of the form with Titles Queensland.

For further information on signing under a power of attorney and relevant witnessing requirements, please refer to Part 61-3050 of the  land title practice manual .

Company signatures

Corporations can execute documents with or without affixing a company seal. If the seal is not affixed, then the full name of the company and its Australian company number must be shown adjacent to the execution. An execution by a company in this manner does not need to be witnessed. The designations of the signatories must also be shown. See Part 50-2000 of the  land title practice manual  for more information.

Statutory declarations

If a statutory declaration is required, the requirements that apply to the form and witnessing of the declaration are those of the jurisdiction where the declaration is made.

The Registrar of Titles will accept a statutory declaration made by person under the  Oaths Act 1867  (Qld) even if the declaration is made outside Queensland, provided the person taking the declaration is authorised under that Act and the form used is as provided for by that Act.

See Part 60-0260 of the  land title practice manual  for more information about statutory declaration requirements or speak with a lawyer.

Find a qualified witnessing officer

The Queensland Government has a service to help you  find a justice of the peace  or commissioner for declarations.

Attorney-General's Department logo

How to complete a Commonwealth statutory declaration

Important information.

Updated: 13 December 2022

Temporary changes to execution and witnessing

Temporary changes have been made to the law, through the Coronavirus Economic Response Package (Modifications—Statutory Declarations and Notices of Intention to Marry) Determination 2021 . These changes allow Commonwealth statutory declarations to be completed and witnessed electronically. This means you can use an electronic signature to make a Commonwealth statutory declaration. You can also get it witnessed using audio visual technology. These changes are in place until 31 December 2023. Visit How to complete a statutory declaration to find out more.

The Commonwealth, states and territories all have different statutory declarations. We are responsible for and can help with Commonwealth statutory declarations.

Download a statutory declaration

Download a Commonwealth statutory declaration form

Download a Commonwealth statutory declaration for electronic execution form   

We highly recommend that you use the Commonwealth statutory declaration form if the form is to be signed with pen in front of an approved witness or the Commonwealth statutory declaration for electronic execution form if the form will be signed with an electronic signature and/or witnessed over audio visual technology.

You can only create your own form if it has all the required elements in Schedule 1 of the Statutory Declarations Regulations 2018 and if the form is being executed electronically it also has all the required elements specified in the Coronavirus Economic Response Package (Modifications—Statutory Declarations and Notices of Intention to Marry) Determination 2021 .

Write your name, address and occupation

Section 1 of a statutory declaration requires you to write your:

Your name should be your full legal name.

Your address should be your home address, or a place where you can be contacted such as your work address.

You cannot use an email address in this section. To add an email address, you may write it in Section 10.

Your occupation is your type of job. If you don't have a job you may write unemployed, student (if you are a student), or leave this part blank.

Make your statement

Section 2 of a statutory declaration is where you write your statement.

You can type your statement, or use a pen. You should not use a pencil because information could be erased.

We cannot give you advice about what to write in your statement.

Contact the person who asked you for the statutory declaration if you:

There are no rules about the length of your statement, but if you use more than 1 page you should:

There are legal consequences for making a false statement .

Using a language other than English

If you want to write your declaration in a language that is not English, you should ask the person who requested it from you.

They can tell you if they will accept a declaration that is:

Attach documents to your statutory declaration if you need to

You may attach documents or other information to your statutory declaration.

If you have attachments, you should mention them in your declaration.

Your approved witness should see the attachments, but they don't need to sign or read them.

Ask an approved person to witness your statutory declaration

For your statutory declaration to be valid, it must be witnessed by an approved witness .

Your approved witness should:

Talk to the person who asked you for the statutory declaration if your witness makes a mistake. You can also talk to them if there are other issues about your witness signature.

Sign the statutory declaration

In the past, a valid statutory declaration could only be made if it was signed in front of an approved witness with a pen. A statutory declaration can still be validly made this way using the Commonwealth statutory declaration form.

There has however been a temporary change to the Commonwealth law that means that a Commonwealth statutory declaration can be signed with an electronic signature and witnessed using audio visual technology. This change to the law has been made to facilitate the execution of statutory declarations during COVID-19. This change will apply until 31 December 2022. Further guidance on this is set out below.

What to do if you cannot sign the declaration

If you are the person making the declaration, you have to be the person to sign it. You can make a mark in place of a signature if you are:

If you cannot read or are visually impaired or blind, your approved witness must:

Your witness must then write next to the mark you have made:

'I, being the person before whom this statutory declaration is made, certify that this mark was placed by [declarant's full name] on this statutory declaration in my presence.'

Temporary change to the law due to COVID-19 – electronic execution of your statutory declaration

Electronic execution of your statutory declaration.

If you choose to execute your statutory declaration using an electronic signature or you are having the form witnessed through audio visual technology, you will need to ensure that you use the correct version of the form, that is the statutory declaration for electronic execution form . This version of the form contains words that note that the statutory declaration is made is accordance with the Coronavirus Economic Response Package (Modifications—Statutory Declarations and Notices of Intention to Marry) Determination 2021 . It also requires that the approved witness include their phone number and/or email address.

Electronic signatures

The temporary change to the law means that you and the approved witness can sign the statutory declaration using an electronic signature.

There are many different ways of including an electronic signature in either the Microsoft Word or PDF versions of the statutory declaration. For example, you could take a photograph of your handwritten signature and insert the image of your signature into the form using the 'insert picture' function in Microsoft Word or Acrobat Reader for the PDF document. You could use the draw function in either the Microsoft Word or PDF version of the document to write your signature using the mouse or the touchpad, or you could use a stylus or your finger to draw on the screen of your device.

The internet contains a lot of useful guidance on including electronic signatures in Microsoft Word and PDF documents if you are unsure how to do this.

Witnessing using audio visual technology

The temporary change to the law also means that the approved witness can observe you signing the statutory declaration using audio visual technology.

If you decide that witnessing will occur using audio visual technology, the camera in the video conferencing facility will need to be positioned so that, whether you use a pen or an electronic signature, the approved witness can watch you sign the statutory declaration form.

There are many different forms of audio visual technology available including Zoom, Skype, CiscoWebEx or Microsoft Teams.

Copies of the statutory declaration for electronic execution

To facilitate the electronic execution of statutory declarations during COVID-19, the law has also been temporarily changed so that if the approved witness has observed you sign the statutory declaration through audio visual technology, you can provide a copy (rather than the original version) of the statutory declaration to the witness for them to sign.

Therefore, once you have included your electronic signature in the statutory declaration, you can email the statutory declaration to the approved witness for signature.

Alternatively, if you have signed the statutory declaration with a pen, you can scan or take a photo of the statutory declaration and email it to the approved witness for signature.

Steps for the approved witness to complete electronic execution of the statutory declaration

The law requires that before the approved witness signs a copy of the statutory declaration, which they have received from you, they need to be satisfied it is a true copy of the form that was signed by you.

The approved witness can sign the statutory declaration form either using a pen or an electronic signature. Regardless of the way they sign the form, the approved witness is required to include their phone number or email address (or both if they choose) on the form.

Electronic execution in person

It is important to keep in mind that if you and the approved witness are in the same room, you can still both sign the statutory declaration using electronic signatures. If you do use electronic signatures on the statutory declaration, you will need to use the statutory declaration for electronic execution form .

Change your statutory declaration

To change anything in your statutory declaration after your witness has signed it, you must make the changes in front of the same witness.

You and your witness need to write your initials next to every change.

If there are many changes, it may be easier to complete a new statutory declaration. An approved witness must sign the new declaration.

Your statutory declaration is valid as long as the information in it is true. However, some organisations that ask for statutory declarations have time limits. To find out if you can use an existing statutory declaration, check with the person who asked you for it.

You cannot revoke a statutory declaration. If you need to change a statutory declaration because the facts have changed, you should write a new one.

Submit your statutory declaration

Do not send your statutory declaration to us unless we have requested it (for example, in relation to the Marriage Act 1961 ). We do not process statutory declarations.

You can send your statutory declaration to the person or organisation that asked for it .

You must submit your statutory declaration in hard copy (printed), if it's required by legislation. For example, under the Marriage Act 1961 , you may need to complete a statutory declaration and provide it in hard copy.

If it's not required by legislation, you can ask the person who requested it if they want to receive it electronically or in hard copy.

Commonwealth statutory declaration form Commonwealth statutory declaration for electronic execution form

Contact details

For more information or assistance with Commonwealth statutory declarations you can email [email protected] .

Legislation

what to write when certifying documents qld

RCR Law Logo

Abolition of Paper Certificates of Title in Queensland

Written by: Elicia Lin Published: May 9, 2019

There have been some recent changes in the way the Titles Registry deals with paper certificates of title (paper CTs) in Queensland, which aims to streamline and facilitates electronic conveyancing .

What is a certificate of title?

A paper Certificate of Title (paper CT), or a title deed, is a paper record showing the current owner and title particulars of a property. Before 1994, a paper CT existed for every property in Queensland and the Certificate Of Title (paper CT) was required in order to deal with the property, by sale, transfer, mortgage or otherwise.

However, from 1994 the Titles Registry converted to an electronic titles register and has not automatically issued paper Certificates of Title for property since then. A paper CT could only be obtained from the Titles Registry on request from a property owner. Currently only about 11% of properties in Queensland still have a paper CT in existence.

The main reason associated with obtaining a paper Certificate of Title was to ensure that further dealings with the property were not lodged (e.g. transfer of title, registration of mortgages, leases etc) unless the paper CT was deposited with that dealing. Paper CTs are also sometimes used as a form of security held by a lender to secure repayment of a loan or facility.

What is the change – Certificate Of Title?

On 29 March 2019, The Land, Explosives and Other Legislation Amendment Act 2019 was passed in Parliament and amended a number of Acts, including the Land Title Act 1994. The amendments mean that from 1 October 2019, property owners will not be able to request a paper Certicate of Title from the Titles Registry and paper CTs will no longer have any legal effect.

Until 1 October 2019, the current laws that govern paper CTs remain in place. This means any property transactions where there is a Certificate Of Title, will still need that paper CT to be deposited.

If you have a paper Certificate of Title, you should store this in a safe place until the changes take place on 1 October 2019, after which the paper CT will become an item of sentimental value only and will no longer need to be deposited when a property dealing is lodged.

Where a paper CT is currently held as a form of security, we recommend that you make other arrangements as soon as possible before the changes take place. We can assist you with reviewing and amending your current finance agreements and seek alternative security such as mortgages, security interests and/or personal guarantees.

Elicia Lin

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Fill in a death certificate application form

Step 1—complete this part online.

Step 2—Complete this part by post or in person

In person at:

Or by post:

Ensure the safe delivery of your certificate

You have changed the type of post. We value identity protection, so we recommend that you choose registered post to ensure the delivery of the certificate can be tracked and delivered to you securely within Australia.

Important update

Australia Post are suspending their express post guarantee of next-day delivery. Express post is still available and treated as a priority, but may not be delivered the next business day every time. Normal application processing timeframes still apply.

Important information

We value identity protection and you have chosen a more secure delivery outside Australia. However, be aware that international registered mail can’t be tracked, and signing is not available in every country.

You will need to submit your proof of ID documents to us by post or in person to finalise your order.

Don't use this form

We can only issue a death certificate if the death has been registered in Queensland. If the person passed away outside of Queensland, apply to the interstate or overseas registry offices .

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We can't send you a death certificate unless you have authority, check the certificate access policy .

We can't send you a death certificate until you can prove your identity. You can contact us if you need more information about this.

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COMMENTS

  1. Certifying copies of documents

    Certifying copies of documents Certifying a copy of a document is stating that, in your opinion, the document is a true copy of what you sighted. In this module we provide information about how you can assist a person when you certify copies of a range of documents, including enduring documents.

  2. Certifying copies of documents

    For information regarding your witnessing role, please contact the Justices of the Peace Branch on [email protected] or 1300 301 147 during business hours Monday to Friday. Additional Information

  3. PDF 3.1 Certifying copies of documents

    3.1 Certifying copies of documents What is certifying a copy? Certifying a copy is stating that, in your opinion, the document is a true and complete copy of the original that you have sighted. It is a statement saying a particular document is an identical copy of the original. Certifying copies of documents is a common duty of JPs.

  4. Guidelines for the certification of documents

    Before certifying a document, the certifier must ensure the copy to be certified is an identical copy of the original. Suggested wording for the certification is as follows: I certify that this is a true copy of the document produced to me on Signature Name Qualification (e.g. JP, Pharmacist) Documents in languages other than English

  5. Have documents witnessed online by a JP or Cdec

    a physical copy of your documents to be witnessed, a pen, and the ability to scan and email your signed documents to the JP or Cdec for witnessing software that allows you to sign electronically and the ability to use it.

  6. Certifying Documents

    Any documents containing a photograph (e.g. a passport, driver's licence, etc.) must be certified by an Authorised Officer with the statement 'I certify that this is a true copy of the original and the photograph is a true likeness of the person presenting the document as sighted by me.' Certifying documents instructions

  7. What can I witness before and after I am admitted?

    If in doubt, the source legislation should be consulted or you can contact the QLS Ethics and Practice Centre on 07 3842 5843 or [email protected] Under no circumstances should any person witness a document for overseas use unless authorised by the domestic legislation of the foreign jurisdiction.

  8. Certify your documents

    For certified documents to be accepted by UniSQ, the certifying officer must: write on the copy "This is a true copy of the original documents sighted by me" sign and print their name provide an address and a contact telephone number state their profession or occupation group (as below) write on the copy the date certified

  9. How to get certified copies of documents

    To certify a copy of your identity document, your referee needs to do all of the following: sight your original document and the copy write This is a true copy of the original as supplied to me on each copy sign their signature on each copy. Find out who can be an acceptable referee. Acceptable referees

  10. Who is authorised to certify copies of documents?

    You must take the original documents to a representative who is authorised to certify them. The certifying person must be currently employed in one of the professions listed below: Justice of the Peace (who must also provide their registration number) Solicitor / lawyer / barrister

  11. Certified copies of qualifications and proof of identity documents

    Your application for a licence as an individual will need to include certified copies of 2 proof of identity documents: primary identity document secondary identity document At least 1 of the documents needs to contain a photograph. Primary identity documents You need to provide 1 document from this list: Australian birth certificate

  12. Signing and witnessing requirements

    You must attach the completed form when lodging your documents. Witnessing by other authorised witnesses. Any other authorised witness (e.g. Australian lawyer or notary public) must complete a Form 20 - Identity/witnessing certification which is available from the Titles Queensland forms page. This must be lodged along with your documents.

  13. How to complete a Commonwealth statutory declaration

    Important information. Download a statutory declaration. Write your name, address and occupation. Make your statement. Ask an approved person to witness your statutory declaration. Sign the statutory declaration. Temporary change to the law due to COVID-19 - electronic execution of your statutory declaration.

  14. Certified copy

    The certifier must also write or stamp on the copy: their signature their full name their occupation their phone number the date their address (optional) Complete an identity declaration Someone can also help you complete an identity declaration if they: are an Australian citizen are not related to you by birth, marriage or a de facto relationship

  15. Ahpra

    Ahpra

  16. Abolition of Paper Certificates of Title in Queensland

    The amendments mean that from 1 October 2019, property owners will not be able to request a paper Certicate of Title from the Titles Registry and paper CTs will no longer have any legal effect. Until 1 October 2019, the current laws that govern paper CTs remain in place. This means any property transactions where there is a Certificate Of Title ...

  17. Fill in a death certificate application form

    How will you submit your proof of ID documents (and application if not submitted online)? * View the proof of ID you will need to provide. In person at: my local Queensland Magistrates Court or Queensland Government Agent Program (QGAP) office (excludes the Brisbane Magistrates Court) or participating JPs in the Community location with original proof of ID