General information

Affidavits for use in any court or for any legal purpose may be sworn and taken within Victoria before persons including:

• A public notary

• An Australian legal practitioner

• A police officer of or above the rank of sergeant or for the time being in charge of a police station

• A Victorian Public Service employee with a prescribed classification level of 4 or above

  • For example, a policy officer employed as a VPS5 or an adviser employed as a VPS4

• Any prescribed affidavit taker, including:

  • Transport Accident Commission officers and employees with a classification of level 4 or above

  • State Trustees officers and employees with a classification level of 4 or above

  • Victorian Institute of Teaching Investigators with a classification level of 4 or above

  • Country Fire Authority officers and employees with a classification level of 7

• A judicial officer

  • For example, a judge or magistrate

• An associate to a judicial officer

• An honorary justice

• The prothonotary or a deputy prothonotary of the Supreme Court

• The registrar of probates or an assistant registrar of probates

• The principal registrar, a registrar or a deputy registrar of the Magistrates’ Court

• The principal registrar, a registrar or a deputy registrar of the Children’s Court

• The principal registrar, a registrar or a deputy registrar of VCAT

• The principal registrar or a registrar of the Coroners Court

• A member of VCAT

• 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 senior officer of a Victorian municipal Council who meets one of the following criteria:

  • Chief Executive Officer

  • A member of Council staff with management responsibilities and reporting directly to the Chief Executive Officer

  • Any other member of Council staff earning a salary of at least $124,000 (or a higher threshold, if specified by the Minister under s 97B of the Local Government Act 1989)

• The registrar or a deputy registrar of the County Court

• A person registered as a patent attorney

• A fellow of the Institute of Legal Executives (Victoria)

• A person acting judicially

  • For example, an arbitrator or any person or body with authority to hear, receive and examine evidence

• Any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to take affidavits

People who may witness statutory declarations include:

• A person currently licensed or registered to practice in Australia as one of the following occupations:

  • Architect

  • Chiropractor

  • Conveyancer

  • Dentist

  • Financial adviser or financial planner

  • Legal practitioner

  • Medical practitioner

  • Midwife

  • Migration agent

  • Nurse

  • Occupational therapist

  • Optometrist

  • Patent attorney

  • Pharmacist

  • Physiotherapist

  • Psychologist

  • Trade marks attorney

  • Veterinary surgeon

• An accountant who meets at least one of the following criteria:

  • Fellow of the National Tax Accountants’ Association

  • Member of Chartered Accountants Australia and New Zealand

  • Member of the Association of Taxation and Management Accountants

  • Member of CPA Australia

  • Member of the Institute of Public Accountants

• Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

• Australian Public Service employee engaged on an ongoing basis with 5 or more years of continuous service who is not otherwise authorised

• Australian Consular Officer or Australian Diplomatic Officer

• Bailiff

• Bank officer with 5 or more continuous years of service

• Building society officer with 5 or more years of continuous service

• Chief executive officer of a Commonwealth court

• Clerk of a court

• Commissioner for Affidavits

• Commissioner for Declarations

• Credit union officer with 5 or more years of continuous service

• Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not otherwise authorised

• Employee of the Australian Trade and Investment Commission who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place

• Employee of the Commonwealth who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place

• An engineer who meets at least one of the following criteria:

  • A member of Engineers Australia, other than a student

  • A Registered Professional Engineer of Professionals Australia

  • Registered as an engineer under a law of the Commonwealth or a State or Territory

  • Registered on the National Engineering Register by Engineers Australia

• Finance company officer with 5 or more years of continuous service

• Holder of a Commonwealth statutory office not otherwise specified

  • For example, Director of the Australian Institute of Family Studies

• IBAC Officers

• Judge

• Justice of the Peace

• Local government Councillor

• Magistrate

• Registered marriage celebrant

• Master of a court

• Member of the Australian Defence Force who meets at least one of the following criteria:

  • An officer

  • A non-commissioned officer with 5 or more years of continuous service

  • A warrant officer

• Member of the Australasian Institute of Mining and Metallurgy

• Member of the Governance Institute of Australia Ltd

• Member of the Parliament of a State

• Member of a Territory legislature

• Member of a local government authority

• Registered minister of religion

• Notary public, including a notary public exercising functions at a place outside either the Commonwealth or the external Territories of the Commonwealth

• Permanent employee of the Australian Postal Corporation with 5 or more years continuous service who is employed in an office providing postal services to the public

• Permanent employee with 5 or more years of continuous service who is not otherwise specified, if employed at one of the following:

  • State

  • Territory

  • State authority

  • Territory authority

  • Local government authority

• Police officer

• Police reservist

• Protective service officer (PSO)

• Registrar, or Deputy Registrar, of a court

• A school principal

• Senior executive employee of a Commonwealth authority

• Senior executive employee of a State or Territory

• Senior Executive Service employee of the Commonwealth

• Sheriff

• Sheriff’s officer

• State Trustees officer or employee with a classification level of 2 or above

• Teacher employed on a permanent full-time or part-time basis at a school or tertiary education institution

• Transport Accident Commission officer or employee with a classification of level 2 or above

• VicRoads officer or employee with a classification of level 2 or above

• Victorian Inspectorate Officer

• A Victorian Public Service employee with a prescribed classification level of 2 or above

  • For example, a project officer employed as a VPS4 or an administrative assistant employed as a VPS2

• Victorian WorkCover Authority officer or employee with a classification of band 2 or above

• Any authorised affidavit taker, including:

  • A judicial officer

    • For example, a judge or magistrate

  • An associate to a judicial officer

  • An honorary justice

  • The prothonotary or a deputy prothonotary of the Supreme Court

  • The registrar of probates or an assistant registrar of probates

  • The registrar or a deputy registrar of the County Court

  • The principal registrar, a registrar or a deputy registrar of the Magistrates’ Court

  • The principal registrar, a registrar or a deputy registrar of the Children’s Court

  • The principal registrar, a registrar or a deputy registrar of VCAT

  • The principal registrar or a registrar of the Coroners Court

  • A member of VCAT

  • 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 senior officer of a Victorian municipal Council who meets one of the following criteria:

    • Chief Executive Officer

    • A member of Council staff with management responsibilities and reporting directly to the Chief Executive Officer

    • Any other member of Council staff earning a salary of at least $124,000 (or a higher threshold, if specified by the Minister under s 97B of the Local Government Act 1989 (External link))

  • A fellow of the Institute of Legal Executives (Victoria)

  • A person acting judicially

    • For example, an arbitrator or any person or body with authority to hear, receive and examine evidence

  • Any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to administer affidavits

People who may certify copies of original documents include:

• A person currently licensed or registered to practice in Australia as one of the following occupations:

  • Architect

  • Chiropractor

  • Conveyancer

  • Dentist

  • Financial adviser or financial planner

  • Legal practitioner

  • Medical practitioner

  • Midwife

  • Migration agent

  • Nurse

  • Occupational therapist

  • Optometrist

  • Patent attorney

  • Pharmacist

  • Physiotherapist

  • Psychologist

  • Trade marks attorney

  • Veterinary surgeon

• An accountant who meets at least one of the following criteria:

  • Fellow of the National Tax Accountants’ Association

  • Member of Chartered Accountants Australia and New Zealand

  • Member of the Association of Taxation and Management Accountants

  • Member of CPA Australia

  • Member of the Institute of Public Accountants

• Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

• Australian Public Service employee engaged on an ongoing basis with 5 or more years of continuous service who is not otherwise authorised

• Australian Consular Officer or Australian Diplomatic Officer

• Bailiff

• Bank officer with 5 or more continuous years of service

• Building society officer with 5 or more years of continuous service

• Chief executive officer of a Commonwealth court

• Clerk of a court

• Commissioner for Affidavits

• Commissioner for Declarations

• Credit union officer with 5 or more years of continuous service

• Employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not otherwise authorised

• Employee of the Australian Trade and Investment Commission who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place

• Employee of the Commonwealth who is authorised in writing by the Secretary of DFAT to collect fees under s 3(d) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee’s duties at that place

• An engineer who meets at least one of the following criteria:

  • A member of Engineers Australia, other than a student

  • A Registered Professional Engineer of Professionals Australia

  • Registered as an engineer under a law of the Commonwealth or a State or Territory

  • Registered on the National Engineering Register by Engineers Australia

• Finance company officer with 5 or more years of continuous service

• Holder of a Commonwealth statutory office not otherwise specified

  • For example, Director of the Australian Institute of Family Studies

• IBAC Officers

• Judge

• Justice of the Peace

• Local government Councillor

• Magistrate

• Registered marriage celebrant

• Master of a court

• Member of the Australian Defence Force who meets at least one of the following criteria:

  • An officer

  • A non-commissioned officer with 5 or more years of continuous service

  • A warrant officer

• Member of the Australasian Institute of Mining and Metallurgy

• Member of the Governance Institute of Australia Ltd

• Member of the Parliament of a State

• Member of a Territory legislature

• Member of a local government authority

• Registered minister of religion

• Notary public, including a notary public exercising functions at a place outside either the Commonwealth or the external Territories of the Commonwealth

• Permanent employee of the Australian Postal Corporation with 5 or more years continuous service who is employed in an office providing postal services to the public

• Permanent employee with 5 or more years of continuous service who is not otherwise specified, if employed at one of the following:

  • State

  • Territory

  • State authority

  • Territory authority

  • Local government authority

• Police officer

• Police reservist

• Protective service officer (PSO)

• Registrar, or Deputy Registrar, of a court

• A school principal

• Senior executive employee of a Commonwealth authority

• Senior executive employee of a State or Territory

• Senior Executive Service employee of the Commonwealth

• Sheriff

• Sheriff’s officer

• State Trustees officer or employee with a classification level of 2 or above

• Teacher employed on a permanent full-time or part-time basis at a school or tertiary education institution

• Transport Accident Commission officer or employee with a classification of level 2 or above

• VicRoads officer or employee with a classification of level 2 or above

• Victorian Inspectorate Officer

• A Victorian Public Service employee with a prescribed classification level of 2 or above

  • For example, a project officer employed as a VPS4 or an administrative assistant employed as a VPS2

• Victorian WorkCover Authority officer or employee with a classification of band 2 or above

• Any authorised affidavit taker, including:

  • A judicial officer

    • For example, a judge or magistrate

  • An associate to a judicial officer

  • An honorary justice

  • The prothonotary or a deputy prothonotary of the Supreme Court

  • The registrar of probates or an assistant registrar of probates

  • The registrar or a deputy registrar of the County Court

  • The principal registrar, a registrar or a deputy registrar of the Magistrates’ Court

  • The principal registrar, a registrar or a deputy registrar of the Children’s Court

  • The principal registrar, a registrar or a deputy registrar of VCAT

  • The principal registrar or a registrar of the Coroners Court

  • A member of VCAT

  • 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 senior officer of a Victorian municipal Council who meets one of the following criteria:

    • Chief Executive Officer

    • A member of Council staff with management responsibilities and reporting directly to the Chief Executive Officer

    • Any other member of Council staff earning a salary of at least $124,000 (or a higher threshold, if specified by the Minister under s 97B of the Local Government Act 1989 (External link))

  • A fellow of the Institute of Legal Executives (Victoria)

  • A person acting judicially

    • For example, an arbitrator or any person or body with authority to hear, receive and examine evidence

  • Any other officer or person empowered, authorised or permitted by or under any Act or rules of a court or rules of a tribunal to administer affidavits

In order to deal with land in Victoria, you need to be formally identified by way of identification documents. Sometimes this can be done in person, but often it is done remotely via WebVOI, an internet based platform that verifies your identification documents and allows me to identify you via video.

You might be familiar with the 100 point ID check conducted by banks. The VOI process is similar. To be verified, you must provide certain documents to meet requirements. Start at the top of the list to see if you can satisfy category 1; if not, check category 2, and so on.

1. Australian driver licence (current) / photo card
   + passport (current from any country, or Australian expired less than 2 years)
   + marriage or change of name certificate if names don't match

2. Passport (current from any country, or Australian expired less than 2 years)
   + full birth certificate / citizenship certificate / descent certificate
   + Medicare card / Centrelink card / Department of Veterans’ Affairs card
   + marriage or change of name certificate if names don't match

3. Australian drivers licence (current) / photo card
   + full birth certificate / citizenship certificate / descent certificate
   + Medicare card / Centrelink card / Department of Veterans’ Affairs card
   + marriage or change of name certificate if names don't match

4. Passport (current from any country, or Australian expired less than 2 years)
   + another form of government issued photographic identity document
   + marriage or change of name certificate if names don't match

5. Passport (current from any country, or Australian expired less than 2 years)
   + full birth certificate
   + another form of government issued identity document
   + marriage or change of name certificate if names don't match

6. Identifier declaration*
   + full birth certificate / citizenship certificate / descent certificate
   + Medicare card / Centrelink card / Department of Veterans’ Affairs card
   + marriage or change of name certificate if names don't match

7. Identifier declaration by a person specified in Verification of Identity Standard paragraph 4.4(e)**
   + Medicare card / Centrelink card / Department of Veterans’ Affairs card
   + marriage or change of name certificate if names don't match

For non-Australian citizens or residents:

8. Foreign passport (current)
   + another form of government issued photographic identity document
   + marriage or change of name certificate if names don't match

9. Foreign passport (current)
   + full birth certificate
   + another form of government issued identity document
   + marriage or change of name certificate if names don't match

*An identifier declaration is a declaration made by a person who can be identified with category 1-5 documents and who is:

• over 18

• someone who has known you for more than one year

• not related to you

• not a party to the conveyancing transaction you're being identified for

• willing to sign a declaration confirming your identity.

**Where you cannot produce any photographic identification, the identifier declaration must be made by one of the following:

• Australian Legal Practitioner

• Bank Manager

• Community Leader

• Court Officer

• Doctor

• Land Council Officeholder

• Licensed Conveyancer

• Local Government Officeholder

• Nurse

• Police Officer

• Public Servant

Verification of identity can be done by me in person, remotely via your computer / smart phone / tablet, or in person at Australia Post or selected pharmacies. The cost varies, with Australia Post being the most expensive option at around $50.