Australia: Witnessing of documents during physical distancing in NSW

Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 - Commenced 22 April 2020

The Regulation is made under sections 15 and 17 of the Electronic Transactions Act 2000.

It provides broad allowances for witnessing to occur via audio visual link. The scope extends to the verification of identity as well as "seeing the face of the signatory" for witnessing affidavits.

The requirements that need to be satisfied are set out in r2(2):

• The witness must observe the person signing the document in real time;
• • This means that you must be able to see both the face of the person signing and the actual signing of the document simultaneously. In circumstances where electronic signatures are suitable, a video link with share screen may be appropriate. Don't hesitate to contact us if you require assistance or clarification.
• Attest or otherwise confirm the signature was witnessed by signing the document or a copy of the document;
• Be reasonably satisfied that the document the witness signs is the same document or a copy; and
• Endorse the document, or the copy of the document with a statement specifying the method used to witness the signature of the signatory; and that the document was witnessed in accordance with the regulation.

Practical considerations

Ensure that you take adequately detailed file notes and, if the audio visual link is to be recorded, obtain prior approval from all parties.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.