Witnesses who are authorised to take affidavits
There are specific witnessing requirements for the Enduring Power of Attorney (Financial and Personal) and Appointment of a Medical Treatment Decision Maker.
The documents are not valid unless they are properly witnessed. The documents must be witnessed by two independent adult witnesses, one of whom is a person authorised to take affidavits or is a medical practitioner.
Here is a list of witnesses who are authorised to take affidavits:
Any judge or the associate to any judge;
An Associate Judge of the Supreme Court or the associate to such Associate Judge;
An associate judge of the County Court or the associate to such associate judge;
A justice of the peace or a bail justice;
The prothonotary or a deputy prothonotary of the Supreme Court;
The registrar or a deputy registrar of the County Court;
The principal registrar or a registrar or deputy registrar of the Magistrates’ Court;
The principal registrar or a registrar or deputy registrar of the Children’s Court;
The registrar of probates or an assistant registrar of probates;
A senior member or ordinary member of the Victorian Civil and Administrative Tribunal who, immediately before the commencement of section 8.2.1 of the Legal Profession Act 2004, was the registrar or a deputy registrar of the Legal Profession Tribunal;
A member or former member of either House of the Parliament of Victoria;
A member or former member of either House of the Parliament of the Commonwealth;
A public notary;
A legal practitioner;
A police officer of or above the rank of sergeant or for the time being in charge of a police station;
A person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed for receiving affidavits**;
A senior officer of a Council as defined in the Local Government Act 1989;
A person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth;
A fellow of the Institute of Legal Executives (Victoria).
Please contact us if you are unsure if your witnesses are authorised.