A statutory declaration is a written statement which a person declares to be true in the presence of an authorised witness. Various organisations often require information to be provided to them in a statutory declaration. Justices of the Peace (JPs) are volunteers appointed by the Governor of New South Wales.
JPs come from all sections of the community and are available across NSW. Procedures where the affidavit or declaration is for use in Englan Wales and Northern Ireland 3. The following procedure describes that for taking an affidavit for use in Englan Wales and Northern Ireland. However, in some cases a deponentmight object to being sworn or a statutory declaration may be required.
How do I make a statutory declaration? What is a statutory declaration? JPs in the Community Program. Identity Verification. Statutory Declarations.
All statutory declarations must contain the following wording. Insert here the text setting out what you need to declare) and I make this solemn declaration. The affidavit must conclude with a statement (known as the “ Jurat ”) that says: a. Please note that if your statutory declaration requires copies of documents to be attache copies of these documents cannot currently be certified remotely. The person who is making the affidavit must: a. You will need to have copies of any documents required certified in person. The law authorises certain people, including JPs , to perform this function.
Sometimes, when an affidavit is not required , a statutory declaration may be used to give weight to a statement, such as in support of a plea to lessen (mitigate) a punishment. Each state and territory has its own legislation to regulate the appointment and powers of JPs. Like an affidavit, a statutory declaration is a statement of facts made in writing. The statement is verified by the solemn declaration of the person making the statement.
That is the wording you need to include to make a document into a statutory declaration. A person making a statutory declaration must solemnly declare that those statements are true before a person with the power to administer solemn declarations. Affidavits and statutory declarations are used to establish legal rights. There are types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. We only give information about Commonwealth statutory declarations.
Fto make Provisions for the Abolition of unnecessary Oaths. Queensland JPs and Cdecs may complete the new jurat according to the simple instructions therein, but any technical failure by the JP or Cdec to comply with section 34(1) would not affect the validity of the statutory declaration or affidavit in NSW. YOUR DUTIES IN COMPLETING THE AFFIDAVIT OR STATUTORY DECLARATION. If there are any interlineations, alterations or erasures on an affidavit or statutory declaration (including the jurat ), you should place a check mark at the beginning and end of each of the changes and then write your initials beside each change. The jurat of an affidavit is a statement set out at the end of the document which authenticates the affidavit.
The statutory declaration sets out the information that must be included to comply with Land Registry requirements when an application is being made to register the benefit of a prescriptive right of way. For more information, see Land Registry Practice Guide 52: Easements claimed by prescription. They are used when no statute or regulation authorizes the use of an affidavit. Some witnesses required a person making a statutory declaration to make a declaration aloud but others only required the statutory declaration to be signed.
It refers to the statement requiring the name of the person swearing or affirming the document and where, when, and before whom it was sworn or affirmed.
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