Remotely signing documents via AVL (Audio Visual Link)
NSW Justice of the Peace are now allowed to witness documents via AVL when it's not possible for a client to be in attendance with the JP
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Contact Les
(Mobile 0466 717 221
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10:30-4:00pm
Les Dainter JP
Registration Number 140888
NSW Justices Association Member Number M20544
The
Electronic Transactions Act1 was amended in 2021 to
enable remote witnessing of documents. The JP may
witness statutory declarations and affidavits remotely
in accordance with this Act.
This imposes several
requirements on JPs, including that:
• The JP must
see the signatory signing the document in real time over
the audio-visual link;
• The JP must sign the
document, or an exact copy of the document, signed by
the signatory as evidence that they witnessed the
signature;
• The JP must be reasonably satisfied that
the document they sign is the same document, or a copy
of the document, signed by the signatory.
The remote witnessing scheme allows a NSW JP to remotely
witness a statutory declaration or an affidavit for a
person located outside of NSW over a video link. And,
the JP may also be outside of NSW at the time of
witnessing a statutory declaration or affidavit provided
that
• the document is required to be signed under a
NSW Act or law or, (1)
• the governing laws for the document are the laws of
NSW. (2)
1 See
Electronic Transactions Amendment (Remote Witnessing)
Bill 2021.
2 See Section 14i and 14j of the Electronic Transactions Amendment (Remote Witnessing) Bill 2021 [NSW].
This content was taken from the 2022 JP Handbook
Please note, I am not able to assist in this function