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.