ACS Statutory Declaration : Can notary be the witness? Or the notary itself is the witness?

For the Statutory Declaration document, once the colleague who is providing the reference has signed, does it need to be signed by another witness (e.g. another colleague) (and then notary signs during notary procedures)? Or the notary can be a witness also? Or the notary itself is the witness?

Notary cannot be the witness. It has to be some other person.

I found the details here: Who can witness your statutory declaration | Attorney-General's Department It is kind of confusing and says contradicting things.

If you are not in Australia, you will need to find an approved witness overseas.

Your approved witness can be a:

  • family member
  • friend
  • person related to the content in your statement

Find an approved witness overseas

You can make a Commonwealth statutory declaration if you are overseas. But it must be witnessed by a:

These are for normal documents. For the work experience reference letter from co-worker, you can get any person as witness.

Oh ok. I was under the impression that the Notary signature also acts as a witness signature. Thanks @Anil_Gupta

@Anil_Gupta One more query. I am getting the ACS affidavit from my colleague who stays in another city than me so once he and his witness signs it, he will courier it to me. which I will notarise at a later date. So the witness date and notary date would differ by few days. The affidavit rules says it will be rejected if “The declaration is NOT witnessed on the same day”.

So can I ask my colleague to leave the date field blank which I can fill by hand while notarising ?

Hi @manish41711

You can do whatever you want to do but this obviously is not as per the rules.

Normally dates are written by hand only, anyways right? For both declarant and notary. Or does it have to be at the top, and printed?

You can write date either by hand or type.

In the sample affidavit provided by ACS and by this website (truvisa/am22) as well, the date is printed at the top, not at the place of signature. You mean to say we can deviate from that format and omit date from the top and simply write the date by hand, below the signature?

Hi @manish41711

The best option is to type everything to avoid any suspicion on the letter. If ACS is suspicious, they will reject the letter.

Now, it is upto you to write whole letter by hand, or only dates by hand or whole letter by typing or whatever other combination you think will work for you.

ACS can also call your colleague and ask them about what they have written in the letter.

Thank you @Anil_Gupta Really appreciate your taking time out to understand situation and help!

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