20. JPs, authorised witnesses, and notaries public

Authorised witnesses are authorised to witness documents such as statutory declarations and affidavits under the Oaths and Affirmations Act 2018.

JPs are one type of authorised witness but there are many other authorised witnesses for Victoria. Many automatically become authorised witnesses because of their profession. Authorised witnesses in Victoria are:

A person currently licensed or registered to practice in Australia in 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
• Trademarks 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

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

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

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

Any authorised affidavit taker, including:

• A judicial officer
• 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 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
• An Australian legal practitioner
• A person acting judicially. For example, an arbitrator or any person or body with authority to hear, receive and examine evidence
• a Victorian Public Service employee with a prescribed classification level of 4 or above
• Any prescribed affidavit taker. For example, Country Fire Authority officers and employees with a classification level of 7.
• A senior officer of a Victorian municipal Council who satisfies the specified criteria
• A person registered as a patent attorney
• A fellow of the Institute of Legal Executives (Victoria)
• A police officer of or above the rank of sergeant or for the being in charge of a police station
• 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

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)

Any of the following:

• 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 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(c) of the Consular Fees Act 1955, if at a place outside Australia and in the course of the employee's duties at that place
• Finance company officer with 5 or more years of continuous service
• Holder of a Commonwealth statutory office not otherwise specified
• IBAC Officers
• Judge
• Justice of the Peace
• Local government Councillor
• Magistrate
• Registered marriage celebrant
• Master of a court
• Member of the Australian 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 ouside 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
• 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
• Victorian WorkCover Authority officer or employees with a classification of band 2 or above
• A fellow of the Institute of Legal Executives (Victoria)
• A person acting judicially
• 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

Of this list of authorised witnesses, the department only manages Justices of the Peace and Bail Justices (collectively known as honorary justices).

20.2 Notaries

JPs are not notaries. A notary, otherwise known as a notary public or public notary, is a public officer, usually a solicitor, whose witnessing of documents will be recognised and accepted by foreign courts and authorities. Notaries usually charge for their services.

The functions of a notary include preparing powers of attorney, wills, deeds, contracts, and other legal documents, for use overseas and noting and protesting bills of exchange; and preparing admiralty documents.