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ARTICLE · 08 MAY 2020

Witnessing of documents during physical distancing in NSW

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

AustraliaCoronavirus (COVID-19)

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.

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