Electronic Witnessing

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In response to the recent social distancing and isolation rules as a result of the COVID-19 pandemic, the NSW government passed the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 under the Electronic Transactions Act 2000, on the 22nd of April 2020. This Amendment will expire on 22 October 2020 unless otherwise determined by NSW Parliament.

This amendment will enable the electronic witnessing of documents in New South Wales by way of audio visual link (continuous and instantaneous audio and visual communication between persons at different places, including video conferencing such as Zoom, Skype, Microsoft Teams, FaceTime or WhatsApp).

Documentation that can be witnessed electronically and included in this amendment are:

  • a will

  • a power of attorney or an enduring power of attorney

  • a deed or agreement

  • an enduring guardianship appointment

  • an affidavit, including an annexure or exhibit to the affidavit

  • a statutory declaration

What are the requirements for electronic witnessing?

  • Observation of the signature of the document in real time

  • Confirmation the signature was witnessed by signing a copy of the signed document or a counterpart of the document

  • Be reasonably satisfied the document the witness signs is the same document, or a copy of the document signed by the signatory

  • 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 this Regulation

COVID-19Cristy Houghton