Witnessing documents

Who can witness the execution of a document

If you need to make a statutory declaration or affidavit, you will need to get someone to witness your signature. Certain people are allowed to witness your documents. They are called authorised persons or approved witnesses. For example, a NSW Justice of the Peace (JP) or Public Notary.

The authorised person/approved witness must see you signing the document to confirm that it was you who signed it. They will then sign the document themselves. This means you must be with the witness when you sign your document, unless remote witnessing is allowed for the document you are signing. 

Who can witness your documents depends on the type of document. If you need to have a document witnessed or certified, you should check your document carefully as it might have a list of people who are allowed to witness it. You can contact the owner of the document, such as the court, for a full list of authorised persons. This is particularly important for affidavits.

NSW Justice of the Peace

A NSW Justice of the Peace (JP) is appointed by the Attorney General of NSW and can:

• witness signatures of individuals making a statutory declaration
• witness signatures of individuals making an affidavit
• certify that a copy of an original document is a true and accurate copy.

A JP must not charge you a fee or accept a gift for providing JP services, including witnessing or certifying documents.

There are two ways to find a Justice of the Peace in NSW:

• You can search the Public Register for a JP. The Register lists all JPs in that area, and includes a telephone contact number for JPs who serve the community directly.  
• You can check the listing of scheduled JP services. Various organisations make JPs available at scheduled times and locations across NSW. Each listing includes the times, dates and locations that a JP is available. 

Generally, a NSW Justice of the Peace may witness you sign a document that is made to use in:

• NSW
• any other Australian state or territory
• the Commonwealth of Australia.

NSW JPs are not allowed by NSW law to witness the execution of documents for use overseas. A JP can however certify a true copy of an original document that was produced overseas if the certified copy is to be used in Australia. For a JP to certify a copy of an original document, the JP must have both the original document and the copy in front of him/her.

Public notaries

A Public Notary is a solicitor or barrister who can certify (confirm something is true) and witness the execution of certain documents, for example, documents for use overseas.

To be appointed as a Public Notary, a solicitor or barrister must:

• have at least five years' experience as either a barrister or solicitor
• have a current Australian practising certificate
• have completed a Notarial Practice Course
• make a successful application to the Legal Profession Admission Board.

A Public Notary can:

• verify official, government and personal documents and information for overseas use
• verify a person's identity and witness their signature
• prepare and witness Powers of Attorney for use overseas
• certify true copies of documents for use overseas
• witness documents and verify transactions for companies and businesses
• deal with documents for land, property and deceased estates overseas.

You can find a Public Notary:

• in the yellow pages
• by using the Finding a Notary search on the Society of Notaries of New South Wales website.

You will have to pay for the service a Public Notary does for you. How much you will have to pay depends on the type and amount of work you ask the Notary to do. You should speak to the Notary about their fees before you ask them to do any work.

The Society of Notaries of New South Wales has set a recommended scale of minimum fees for Notaries. 

For more information, see Recommended Fees on the Society of Notaries of New South Wales website.

Remote witnessing

In NSW, witnessing certain documents can be done remotely by video.

For more information, see Witnessing legal documents remotely on the Department of Communities and Justice website.

In other jurisdictions, including the Commonwealth, remote witnessing of documents may not be permitted.

Charging of fees

Generally, the authorised person/approved witness (including a NSW Justice of the Peace), must not charge you a fee or accept a gift for witnessing documents. However, if you have asked an Australian legal practitioner to witness your documents, they can charge a fee.

Having documents witnessed while you are outside Australia

If you are overseas, a Public Notary or Australian Consular Official can witness your document. You may be able to find an authorised person at your nearest Australian Embassy or Consulate.

For more information, see the Department of Foreign Affairs and Trade website.

If you are completing a Commonwealth statutory declaration, your declaration may also be witnessed by a person on the list of Commonwealth authorised persons while they are overseas. 

Witnessing the execution of a document intended to be used overseas

In Australia, public notaries are able to witness signatures on overseas documents. For more information about public notaries, see Public notaries.

NSW Justices of the Peace are not allowed under NSW law to witness the execution of documents for use overseas, including “proof of life” forms for the purposes of claiming overseas pensions. 

Last updated: May 2026