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Issued: 23 April 2020
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On 22 April 2020, the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 ("Witnessing of Documents Regulation") commenced and introduced processes for witnessing the signing of documents by audio visual link ("AVL"), during the COVID-19 pandemic.
The Witnessing of Documents Regulation amends the Electronic Transactions Regulation 2017 ("ET Regulation") and introduces three important processes relevant to court documents. These changes permit:
As noted in our alert of 8 April 2020, in general, when witnessing a person signing a court document, the witness has been required to be physically present with a signatory and able to immediately sign to verify their role as witness. However, in light of the COVID-19 pandemic and the need for social distancing, difficulties witnessing court documents in person have been recognised.
The Witnessing of Documents Regulation is made under the Electronic Transactions Act 2000 ("ET Act"), including the regulation making power provided in s.17, which was recently added by emergency legislation.
When preparing to witness court documents, it is important to read carefully the newly inserted cl. 8A and Sch. 1 to the ET Regulation. It remains important to also consider the particular jurisdiction and document in question to identify specific requirements that may continue to apply. By way of guidance, it should be noted that:
Consider seeking advice if the witnessing requirements for court documents are not clear in a particular case.
Cheryl Drummy, Assistant Crown Solicitor
Civil Law Division
cheryl.drummy@cso.nsw.gov.au
02 9474 9201
0431 656 690
Naomi Malhotra, Assistant Crown Solicitor
Inquiries & Criminal Law Division
naomi.malhotra@cso.nsw.gov.au
02 9474 9184
0416 927 933
John McDonnell, Assistant Crown Solicitor
Administrative Law, Employment & Child Protection Division
john.mcdonnell@cso.nsw.gov.au
02 9474 9219
0411 259 472
Felicity Shaw, Assistant Crown Solicitor
Commercial & Property Law Division
felicity.shaw@cso.nsw.gov.au
02 9474 9442
0466 480 286
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16 Nov 2022
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.