Frequently Asked Questions

A Justice of the Peace is authorised to administer oaths and affirmations, witness statutory declarations and affidavits, witness signatures, and attest and certify documents.

Nothing! Justices of the Peace are volunteers who provide their services to the community free of charge.

A JP cannot give legal advice. If you are uncertain about the consequences of signing papers for your son, you should seek legal advice from a solicitor or someone qualified to provide advice before you sign those papers.

We welcome all forms of feedback, including complaints, regarding the service offered by JPs within the ACT and about our services, activities, and operations. Our Complaints Handling Policy has information about how you can make a complaint and how we will handle it.

A certified copy is a copy of a document (the original) that has been endorsed by an authorised person as a true copy of the primary document.

The authorised person is certifying that the copy and the original document are identical, not that the document presented as an original is authentic or that the content of the original is accurate or that the original was correctly and validly issued.

Yes. The JP must sight the original document and ensure the copy is a complete and accurate copy of it.

The JP will usually:

• review the original document
• compare the copy with the original to ensure there are no alterations or amendments and that it is a complete and accurate copy
• stamp or write a certification on the copy and sign and date it.

You can help us help you if you:

• bring the original document and the copy
• bring photographic identification such as drivers’ licence, Proof of Identity/Proof of Age card or passport

It may be best to make an appointment by searching the Justice of the Peace Register to find a JP in your area. This will ensure there is enough time to help you. If you are attending a JP Signing Centre, you may be interrupted to allow others to have their needs met, or you may be asked to wait.

A JP can certify an electronic document, such as one received by email or downloaded from the internet, as a true copy of the original under certain circumstances. If the JP cannot certify the document, you may be asked to prepare a statutory declaration that the document is a true copy of the original and is printed without alteration or amendment.

The JP will usually be able to certify a copy of a document if they have sighted the original document on a site under the control of the document’s issuing authority.  The JP must see the original document to be satisfied the document is unaltered or amended, and be satisfied that the copy is a true and accurate reproduction of the electronic document (in every pertinent detail). If the JP cannot be satisfied about the original or the print-out, you may be asked to prepare a statutory declaration that the document is a true copy of the original and is printed without alteration or amendment.

No. If you are seeking services at a JP Signing Centre, these are commonly located in public libraries or other places where a photocopier is available and you can make copies for a small fee.

It depends on the purpose for which you need a certified copy.  If there is anything on the reverse side such as a registration number that may be relevant to the purpose for which you need the copy, then yes.  If you are using, for example, a rates notice or bank statement to confirm your address, then it may not be necessary to copy both sides or all pages of a multi-page document.

Yes, provided all the documents (both sides where appropriate) are copied clearly and there is enough space for the Justice of the Peace to certify each photocopy separately without covering any relevant or required features/information on each copy.

Yes, as long as you bring the original documents and the photocopies with you. You will be asked to provide your own photographic identification, as in this case you are the client, not your daughter.

A statutory declaration is a written statement that you (the declarant) sign and declare to be true and correct in the presence of an authorised witness. By signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false.

Visit the Commonwealth Attorney-General’s Department website and follow the links to download a blank statutory declaration Form.

No, you must complete it.  It is your statement.

No, the Justice of the Peace needs to witness you signing the statutory declaration.

The JP will usually:

• review the document to ensure it is in the proper form and does not contain any blank spaces or alterations;
• warn the declarant (you) of the consequences of making a false statement;
• witness the declarant (you) sign the statutory declaration;
• if required on the form, complete a statement describing how the JP confirmed your identity;
• complete a statement that sets out the place the declaration is made and the date on which it was made.

You can help us help you if you:

• bring the completed, but unsigned, Statutory Declaration, including any attachments that may be referred to in the statement
• bring photographic identity such as drivers’ licence, Proof of Identity/Proof of Age card or passport
• sign the statutory declaration in the presence of the JP.  (The JP must witness you signing the statutory declaration.)

You will be asked to provide a photographic form of identification such as drivers’ licence, passport or a Proof of Identity/Proof of Age card.

No, the person making the declaration must sign it.

An affidavit is the written statement of a person which sets out facts that are within that person’s own knowledge.  Affidavits are often required in court proceedings as the evidence of the person giving the affidavit (sometimes called the “deponent”)

An affidavit is sworn or affirmed by the deponent before an authorised person.  A Justice of the Peace is an authorised person.

Visit the ACT Government Legislation Register website and you will be able to download and complete a blank affidavit form applicable to your circumstances or your solicitor will complete the affidavit for your signature and witnessing.

No, you need to bring your prepared affidavit to the Justice of the Peace. The JP will check that it is in the proper form, but it is your responsibility to prepare the document.

Although the format of affidavits may differ depending on the purpose, when witnessing an affidavit the JP will usually:

• review the affidavit to ensure it is in the proper form (including any annexures referred to in the affidavit) and does not contain any blank spaces that could be filled in after swearing or affirming
• confirm the deponent understands the nature of the oath/affirmation and warn the deponent of the consequences of making a false statement
• witness the deponent sign the affidavit
• administer an oath or affirmation
• endorse any exhibits attached to the affidavit
• complete a statement (termed a jurat) at the end of the document that sets out the place the affidavit is made and the date on which it was made.

You can help us help you if you:

• bring the completed, but unsigned, affidavit
• bring photographic identification such as drivers’ licence, Proof of Age card or passport
• sign the affidavit in the presence of the JP.  (The JP must witness you signing the affidavit)

You will need to provide the Justice of the Peace a photographic form of identification such as Driver’s licence, passport or a Proof of Age card.

If you wish to swear an oath on a holy text, you should also bring the text.  However, since April 2018, it is no longer necessary to use a religious text in taking an oath (Section 21(2) Oaths and Affirmations Act 1984).

A Power of Attorney is a legal document that gives a person (the ‘attorney’) who is chosen by the ‘principal’ the legal authority to act for the principal and to make legally binding decisions on the principal’s behalf.  There are two types of Powers of Attorney:

General Power of Attorney

A General Power of Attorney is a legal document made by one person, ‘the principal’, authorising another person, an attorney’, to act on behalf of the principal in relation to the principal’s property (including financial) matters.  It operates while the principle has decision making capacity.  It generally commences at the time it is signed and the attorney can start acting straight away.  A principal may limit the power in a power of attorney and specify when and how the power under the power of attorney may be exercised.

A general power of attorney ceases to have effect and cannot be used once the principal no longer has decision-making capacity.

Enduring Power of Attorney

An Enduring Power of Attorney (EPOA) is a legal document appointing one or more attorneys to act on behalf of the principal if the principal has impaired decision-making capacity.

In the ACT, an Enduring Power can nominate someone to make decisions on behalf of the principal in property (including financial), personal care, health care or medical research matters.

NOTE: Legislation concerning Enduring Powers of Attorney differs across Australia.  A JP in the ACT may not be able to witness an Enduring Power of Attorney prepared under legislation of another state or territory.

The ACT Justices of the Peace Association strongly recommends you obtain a copy of The Power to Choose before preparing your Enduring Power of Attorney. The Power to Choose is published by the ACT Public Trustee and Guardian and clearly explains the ‘whys’ and ‘wherefores’ of Enduring Powers of Attorney. It includes guidelines on how to complete the document and includes the relevant form.

You can also download blank Power of Attorney forms (Enduring and General Powers of Attorney) from the ACT Government Legislation Register.

The person assigning the power (the principal) must attend and two adult witnesses, one of whom must be a person authorised to witness a statutory declaration and only one witness can be a relative of the principal or the attorney.   Attorneys do not need to be present, but they will need to sign their acceptance before the Power of Attorney can take effect; this can be done at a later date if necessary.

The Justice of the Peace cannot always provide the second witness. The principal should bring an appropriate second witness when the power of attorney is to be witnessed by the JP.  The second witness must be an adult over 18 years of age and cannot be a proposed attorney or a person signing the enduring Power of Attorney for the principal.

Yes, you should bring photographic identification if you are the principal.  You may also need to bring a 2nd witness.

Before proceeding, the Justice of the Peace will need to be satisfied that the principal has a clear understanding of the powers they are giving and the possible consequences of the actions they are taking, and is preparing the document voluntarily. Those present may be asked to leave the room while the Justice of the Peace speaks with the principal privately.  The JP will then usually:

• review the document to ensure it is in the proper form and that all required sections have been completed
• take reasonable steps to ensure the principal has a full understanding of the nature and effect of the Power of Attorney and is signing the document voluntarily.  This may mean asking questions of the principal in private
• witness the principal sign the document
• sign and date the document and complete the witness certificate.

You can help us to help you if you:

• ask a second witness to attend
• bring photographic identification
• bring the completed, but unsigned, document(s)

The Justice of the Peace will ask you to sign the document again, in the presence of the JP and the second witness.

The JP must be able to communicate sufficiently well with the principal to understand your parent’s intentions when preparing the Enduring Power of Attorney and to be satisfied they understand the nature and intent of the document.

You may use the services of qualified interpreter who is registered with the National Accreditation Authority for Translators and Interpreters (NAATI).

You cannot use a family member or friend to translate or interpret.

Persons receiving a social benefit (pension) from a country other than Australia may be required to submit a ‘proof of life’ document to continue to receive the benefit. Sometimes known as a ‘certificate of existence’ or a ‘certificate of life’, the purpose of the document is to make sure the recipient is still alive and is the person actually receiving those benefits.

That will depend on the requirements of the relevant authority. The JP will examine the document to be satisfied that they have the authority to witness it. Depending on the country, you may need to have your document completed by a Consular Official or Notary Public.

You need to bring the document sent to you plus a photographic form of identification such as Drivers Licence, passport or a Proof of Identity/Proof of Age card. It would be helpful if you could also bring any instructions sent by the relevant authority.

If you need a Justice of the Peace, search the Justice of the Peace Register to find a JP in your area to make arrangements to attend a suitable location.

Note:  Some authorities allow the proof of life document to be completed by an agent under certain circumstances. This should be explained in any notes accompanying the document.

It is not necessary for a document to be written in English for a Justice of the Peace to certify it as a true copy.

A JP is not concerned with the content – it matters only that the copy is a true copy of the original. If the JP is confident that this is so (for example, because the JP witnessed the copy being made or carefully compared the two documents), they can proceed as normal.

Some Justices of the Peace have indicated on the public JP Register that they speak a language other than English. Search the Justice of the Peace Register to find a JP proficient in the appropriate language.

There are two alternatives you can take to assist your parents:

1. search the Justice of the Peace Register to find a JP proficient in the appropriate language. Some Justices of the Peace have indicated on the public JP Register that they can speak a language other than English or
2. bring an interpreter to the appointment, who is prepared to certify they will be accurate in their translation.  Depending on the nature of the service and any accompanying instructions, it may be necessary to use a qualified interpreter/translator, registered with the National Accreditation Authority for Translators and Interpreters.