The Sixteen Golden Rules of Giving Evidence

Who is allowed to witness me sign a statutory declaration?

Who is allowed to witness me sign a statutory declaration?

A statutory declaration under the Statutory Declarations Act 1959 may be made before:

  1. a person who is currently licensed or registered under a law to practise in one of the following occupations:
    • Chiropractor
    • Dentist
    • Legal practitioner
    • Medical practitioner
    • Nurse
    • Optometrist
    • Patent attorney
    • Pharmacist
    • Physiotherapist
    • Psychologist
    • Trade marks attorney
    • Veterinary surgeon
  2. a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or
  3. a person who is in the following list:
    • Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
    • Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
    • 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 the Australian Trade Commission who is:
      • in a country or place outside Australia; and
      • authorised under paragraph 3(d) of the Consular Fees Act 1955; and
      • exercising his or her function in that place
    • Employee of the Commonwealth who is:
      • in a country or place outside Australia; and
      • authorised under paragraph 3(c) of the Consular Fees Act 1955; and
      • exercising his or her function in that place
    • Fellow of the National Tax Accountants’ Association
    • Finance company officer with 5 or more years of continuous service
    • Holder of a statutory office not specified in another item in this list
    • Judge of a court
    • Justice of the Peace
    • Magistrate
    • Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
    • Master of a court
    • Member of Chartered Secretaries Australia
    • Member of Engineers Australia, other than at the grade of student
    • Member of the Association of Taxation and Management Accountants
    • Member of the Australasian Institute of Mining and Metallurgy
    • Member of the Australian Defence Force who is:
      • an officer; or
      • a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
      • a warrant officer within the meaning of that Act
    • Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
    • Member of:
      • the Parliament of the Commonwealth; or
      • the Parliament of a State; or
      • a Territory legislature; or
      • a local government authority of a State or Territory
    • Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
    • Notary public
    • Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
    • Permanent employee of:
      • the Commonwealth or a Commonwealth authority; or
      • a State or Territory or a State or Territory authority; or
      • a local government authority;
        with 5 or more years of continuous service who is not specified in another item in this list
    • Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
    • Police officer
    • Registrar, or Deputy Registrar, of a court
    • Senior Executive Service employee of:
      • the Commonwealth or a Commonwealth authority; or
      • a State or Territory or a State or Territory authority
    • Sheriff
    • Sheriff’s officer
    • Teacher employed on a full-time basis at a school or tertiary education institution

For more information or help please contact us on 02 8777 6007.

What to do when someone has died?

What to do when someone has died?

When someone dies, there are a number of important jobs that need to be taken care of. Take a look at just some of the things that need to be done here.

First – Death to be confirmed

  1. A doctor must sign a certificate to confirm the death.
  2. A funeral company can take the deceased into their care.
  3. The funeral director will generally collect all the information needed for registering the death and send it to the relevant state or territory government office.
  4. The funeral director may also help with newspaper notices, flowers and religious services.

Insurance policies

The person that has died may have had insurance through private health, sickness, accident or life insurance policies which may assist with funeral and other expenses.

If a policy can be located, call the company and ask if any assistance is available.

Funeral plans

Sometimes, people have pre-paid funeral plans and made some or all of the decisions regarding their own funeral.

Make sure that you search for any paperwork if you think that a prepaid funeral or a funeral bond was arranged. Sometimes, the paperwork may be with or near the Will, with the person’s solicitor or with the executor of the Will.

Wills

See our section on Wills. 

Who must be notified?

Basically all organisations that have had dealings with the person need to be told. After locating personal records and documents, you can use the following checklist provided by the Department of Human Services for people and organisations you may also need to contact.

Your solicitor can assist you with this task.

Removing names from mailing lists

To stop receiving some (not all) direct advertising/marketing material go to the ADMA association’s website at adma.com.au or write to them at:
GPO Box 3895
Sydney NSW 2001

Social media

Review each social media account section on ‘help’ and follow the relevant steps required to close the account if necessary.

You may be entitled to Government Assistance and Payments

It is best to review the Department of Human services site or visit your local office to enquire as to what assistance you may be entitled to. Such entitlements and assistance may include:

For more information or help please contact us on 02 8777 6007.