The COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) was passed on 25 March 2020 and Part 4 of this Act enables the regulation maker to make altered arrangements for witness signatures, including requirements for certification of certain matters by witness and verification of identity, provided for by an Act or another law.
More information, see here.
Following above NSW legislation, VIC may pass similar legislation soon. See here.
As the relevant law/Acts have not been altered yet, but the trend is clear: for the limited time period, due to the difficulties of the face to face meeting, the special arrangement may be made to witness affidavits, declaration and other documents which need to be witnessed through electronic method.
Generally speaking, online or web VOID is permitted if the solicitor is satisfied while online or web witness documents would be absolutely prohibited. But during the pandemic time, the ongoing concerns for the health and safety of clients and lawyers have been given to the law maker so that alternative options including electronic systems for witnessing documents and verifying identity have been introduced or temporally accepted.
Prudentia Legal will keep a close eye on this alternative arrangement and every solicitor should make him/herself familiar with the changes.
Fei Wang
Prudentia Legal
20 April 2020
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