{"id":"sr:oaths-and-affirmations-affidavits-statutory-declarations-and","name":"Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018","slug":"oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183326,"registerId":"vic-sr:oaths-and-affirmations-affidavits-statutory-declarations-and-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018","content":"Version No. 001\n\n**Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018**\n\n**S.R. No. 152/2018**\n\nVersion incorporating amendments as at  \n1 March 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\nPart 2—Authorised persons 3\n\n5 Prescribed authorised affidavit takers 3\n\n6 Prescribed authorised statutory declaration witnesses 4\n\nPart 3—Prescribed forms and words 6\n\n7 Prescribed form of affidavit 6\n\n8 Signature and oath requirements—deponent 6\n\n9 Statutory declarations made in Victoria 6\n\n10 Certified copies of documents 6\n\n11 Certified copies of certified copies of documents 6\n\nSchedule 1—Form of affidavit 7\n\nSchedule 2—Prescribed words for oath or affirmation for affidavit 8\n\nSchedule 3—Form of statutory declaration 9\n\nSchedule 4—Prescribed words for making a statutory declaration 11\n\nSchedule 5—Prescribed words for certifying a copy of a document 12\n\nSchedule 6—Prescribed words for certifying a copy of a certified copy of a document 13\n\n═════════════\n\nEndnotes 14\n\n1 General information 14\n\n2 Table of Amendments 16\n\n3 Amendments Not in Operation 17\n\n4 Explanatory details 18\n\n**Version No.** **001**\n\n**Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018**\n\n**S.R. No. 152/2018**\n\nVersion incorporating amendments as at  \n1 March 2019\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) a form which may be used to make an affidavit; and\n\n(b) a form which must be used to make a statutory declaration; and\n\n(c) persons or classes of persons as authorised affidavit takers; and\n\n(d) persons or classes of persons as statutory declaration witnesses; and\n\n(e) words—\n\n(i) that a deponent must swear or affirm aloud in making an affidavit; and\n\n(ii) that a person must say aloud before an authorised statutory declaration witness; and\n\n(iii) that must be recorded on a certified copy of an original document.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 52 of the **Oaths and Affirmations Act 2018**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 March 2019.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***public service employee*** means a person employed under Part 3 of the **Public Administration Act 2004**;\n\n***the Act*** means the **Oaths and Affirmations Act 2018**;\n\n***VicRoads*** means the Roads Corporation within the meaning of section 3 of the **Transport Integration Act 2010**.\n\nPart 2—Authorised persons\n\n\t5 Prescribed authorised affidavit takers\n\n(1) For the purposes of section 19(1)(q) of the Act, the prescribed classification for a public service employee is level 4 or equivalent or above, however described.\n\n(2) For the purposes of section 19(1)(w) of the Act, the following are prescribed classes of persons—\n\n(a) officers and employees appointed or employed under section 25(5) of the **Transport Accident Act 1986** with a classification of level 4 or above;\n\n(b) officers and employees appointed or employed by State Trustees within themeaning of section 3 of the **State Trustees (State Owned Company) Act 1994** with a classification of level4 orabove, however described;\n\n(c) Victorian Institute of Teaching Investigators appointed or employed under section 2.6.65(1) of the **Education and Training Reform Act 2006** with a classification of level 4 or above;\n\nReg. 5(2)(d) amended by S.R. No. 4/2019 reg. 4(a).\n\n(d) officers and employees appointed or employed by the Country Fire Authority with a classification of level 7, however described;\n\nReg. 5(2)(e) inserted by S.R. No. 4/2019 reg. 4(b).\n\n(e) persons employed under Part 3 of the **Public Administration Act 2004** with a classification level of 2 or 3, however described, in a court or tribunal when acting in the course of their duties in relation to that court or tribunal.\n\n\t6 Prescribed authorised statutory declaration witnesses\n\nFor the purposes of section 30(2)(d) of the Act, the following classes of persons are prescribed statutory declaration witnesses—\n\n(a) a public service employee with a classification of level 2 or equivalent or above, however described;\n\n(b) officers and employees appointed or employed under section 25(5) of the **Transport Accident Act 1986** with a classification of level 2 or above;\n\n(c) officers and employees appointed or employed by State Trustees within the meaning of section 3 of the **State Trustees (State Owned Company) Act** **1994** with a classification of level2 or above, however described;\n\n(d) a principal within the meaning of section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n(e) officers and employees appointed or employed by the Victorian WorkCover Authority under Part 11 of the **Workplace Injury Rehabilitation and Compensation Act 2013** with a classification of band 2 or above;\n\n(f) officers and employees appointed or employed by VicRoads under Part 5 of the **Transport Integration Act 2010** with a classification of level 2 or above;\n\n(g) protective services officers within the meaning of section 3(1) of the **Victoria Police Act 2013**;\n\n(h) police reservists within the meaning of section 3(1) of the **Victoria Police Act 2013**;\n\n(i) IBAC Officers within the meaning of section 3(1) the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(j) Victorian Inspectorate Officers within the meaning of section 3(1) of the **Victorian Inspectorate Act 2011**;\n\n(k) Councillors within the meaning of section 3(1) of the **Local** **Government Act 1989**;\n\n(l) licensees within the meaning of section 3 of the **Conveyancers Act 2006**.\n\nPart 3—Prescribed forms and words\n\n\t7 Prescribed form of affidavit\n\nFor the purposes of section 23 of the Act, the prescribed form is set out in Schedule 1.\n\n\t8 Signature and oath requirements—deponent\n\nFor the purposes of section 25(2) of the Act, the prescribed oath or affirmation is the words set out in Schedule 2.\n\n\t9 Statutory declarations made in Victoria\n\n(1) For the purposes of section 30(1) of the Act, the prescribed form is set out in Schedule 3.\n\n(2) For the purposes of section 30(4) of the Act, the prescribed words are set out in Schedule 4.\n\n\t10 Certified copies of documents\n\n(1) For the purposes of sections 41(2)(a) and 43(c) of the Act, the prescribed words are set out in Schedule 5.\n\n(2) The prescribed words in subregulation (1) are to be written or stamped on the first page of the certified copy of an original document, unless there is insufficient space on the first page.\n\n\t11 Certified copies of certified copies of documents\n\n(1) For the purposes of section 42(2)(a) of the Act, the prescribed words are set out in Schedule 6.\n\n(2) The prescribed words in subregulation (1) are to be written or stamped on the first page of the certified copy of a certified copy of an original document, unless there is insufficient space on the first page.\n\nSchedule 1—Form of affidavit\n\nRegulation 7\n\nI, [*full name*] of [*address*], [*occupation or child*], *affirm/*make oath and say:\n\n[*insert statement to be sworn or affirmed in numbered paragraphs*]\n\n1.\n\nThe contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n*Sworn/*Affirmed at [*place*]\n\n*in the State of Victoria\n\non [*date*]\n\n[*signature of person swearing or affirming the affidavit contents, to be signed in front of the authorised* *affidavit  \ntaker*]\n\nBefore me,\n\n[*signature of authorised affidavit taker*]\n\non [*date*]\n\n[*name, statement of the capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp*]\n\nA person authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\n*delete if not applicable\n\nSchedule 2—Prescribed words for oath or affirmation for affidavit\n\nRegulation 8\n\n**Oath**\n\nI, [*name of person making oath*], swear [*or promise*] by Almighty God [*or the person may name a god recognised by the person's religion*] that the contents of this affidavit are true and correct.\n\n**Affirmation**\n\nI, [*name of person making affirmation*], solemnly and sincerely affirm that the contents of this affidavit are true and correct.\n\n**Child or cognitively impaired deponent**\n\nI, [*name of person making the promise*] promise that I have told the truth in this affidavit and it is correct.\n\nSchedule 3—Form of statutory declaration\n\nRegulation 9(1)\n\nI, [*name, address and occupation of person making the statutory declaration*], make the following statutory declaration under the **Oaths and Affirmations Act 2018**:\n\n[*insert statement to be declared using numbered paragraphs*]\n\n1.\n\nI declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.\n\n[*signature of person making this statutory declaration in the presence of the authorised statutory declaration witness*]\n\nDeclared at [*place*] in the State of Victoria\n\non [*date*]\n\n***I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:***\n\n[*signature of authorised statutory declaration witness*]\n\non [*date*]\n\n[*full name and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp*]\n\n[*qualification as an authorised statutory declaration witness*]\n\nA person authorised under section 30(2) of the **Oaths and Affirmations Act 2018** to witness the signing of a statutory declaration.\n\n****I confirm that reasonable modifications were used in preparing this statutory declaration and that the contents of this statutory declaration were read to the person making the statutory declaration in a way that was appropriate to the person's circumstances.***\n\n[*signature of authorised statutory declaration witness*]\n\n*delete if not applicable\n\nSchedule 4—Prescribed words for making a statutory declaration\n\nRegulation 9(2)\n\nI, [*full name of person making declaration*] of [*address*], declare that the contents of this statutory declaration are true and correct.\n\nSchedule 5—Prescribed words for certifying a copy of a document\n\nRegulation 10\n\n**Certified copy of an original document**\n\nCertified to be a true copy of the original seen by me.\n\nSchedule 6—Prescribed words for certifying a copy of a certified copy of a document\n\nRegulation 11\n\n**Certified copy of a certified copy**\n\nCertified to be a true copy of another certified true copy seen by me.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018, S.R. No. 152/2018 were made on 10 October 2018 by the Governor in Council under section 52 of the **Oaths and Affirmations Act 2018**, No. 6/2018 and came into operation on 1 March 2019: regulation 3.\n\nThe Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 will sunset 10 years after the day of making on 10 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Oaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nOaths and Affirmations (Affidavits, Statutory Declarations and Certifications) Amendment Regulations 2019, S.R. No. 4/2019\n\n| *Date of Making:* | 5.2.19 |\n| --- | --- |\n| *Date of Commencement:* | 1.3.19: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulations implement the Act’s objectives by prescribing forms, words and authorised persons. Amendments recorded in the Table of Amendments (Oaths and Affirmations Amendment Regulations 2019, S.R. No. 4/2019) modified regulation 5(2)(d) and inserted 5(2)(e), expanding the prescribed classes of authorised affidavit takers (adding Country Fire Authority officers at level 7 and certain public administration employees in courts/tribunals at classification levels 2 or 3). This changes the detailed reach of who may act as authorised takers but does not alter the Regulations’ core function of prescribing forms and words."},"complexity_factors":["Multiple cross-references to other Acts (Transport Integration Act 2010; Public Administration Act 2004; Education and Training Reform Act 2006; etc.) requiring interpretive alignment with external statutes","Prescribed classes tied to internal classification levels (eg. ‘level 2’, ‘level 4’, ‘band 2’) and the phrase ‘however described’, which can create interpretive uncertainty for employers and authorised officers (reg 5, reg 6)","Six Schedules containing precise form text and prescribed oral words that must be followed verbatim for validity (Schedules 1–6; regs 7–11)","Amendment annotations (S.R. No. 4/2019) altering specific categories of authorised persons, so users must track version history","Operational detail such as where certification words must be placed (first page unless insufficient space), and optional deletions/insertions in forms, creating minor administrative compliance steps (regs 10–11; Schedule 1 and Schedule 3)","Special wording for children or cognitively impaired deponents and confirmation clauses for modified-statements processes, which add limited procedural complexity (Schedule 2; Schedule 3)"],"plain_english_summary":"These Regulations set out the exact affidavit and statutory-declaration forms, the classes of people authorised to take or witness them, and the precise words and certification statements to be used (regs 1–11; Schedules 1–6). Affected parties include deponents, declarants, authorised witnesses and specified public employees; the State decides which job classifications may act as authorised takers and witnesses, and compliance requires using these forms/words, creating routine administrative steps for agencies and individuals (regs 5–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing forms, authorised persons, and ceremonial wording for affidavits, statutory declarations, and certifications. The 2019 amendments added two narrow categories of authorised affidavit takers (Country Fire Authority officers and lower-level court/tribunal staff) without expanding beyond the administrative machinery function."},"complexity_factors":["Short length (11 regulations plus 6 schedules)","Minimal defined terms (only 3 definitions in regulation 4)","Straightforward structure with clear Part divisions matching the Act's framework","No nested conditional logic or exceptions to exceptions","Cross-references limited to specific sections of the parent Act and other Acts for job classifications","Schedules consist of template forms with fill-in-the-blank fields rather than substantive legal rules","Amendment history visible but not complex (single amending instrument with 2 minor insertions)"],"plain_english_summary":"This legislation sets out the practical rules for making **affidavits** (sworn written statements used in court), **statutory declarations** (formal statements made outside court), and **certified copies** of documents in Victoria.\n\n**What it does:**\n- **Prescribes official forms** — Provides template wording and layouts that must or may be used for affidavits, statutory declarations, and certifying document copies.\n- **Sets out who can witness these documents** — Lists specific job roles and seniority levels (e.g., public servants at certain pay grades, police officers, teachers, councillors, conveyancers) who are authorised to take affidavits or witness statutory declarations.\n- **Specifies the words to say** — Provides the exact wording for oaths (religious promises), affirmations (non-religious promises), and declarations that people must speak aloud when making these documents.\n- **Covers special cases** — Includes simplified wording for children or people with cognitive impairments making affidavits.\n\n**Who it affects:**\n- Anyone in Victoria who needs to make a statutory declaration or affidavit for legal, government, or official purposes.\n- Public servants, police, teachers, and other professionals who are authorised to witness these documents.\n- People needing certified copies of original documents (e.g., for identity verification).\n\n**Why it matters:**\nThese documents are legally binding. Making a false statement in an affidavit or statutory declaration is a criminal offence (perjury). These regulations ensure consistency across Victoria so courts, government agencies, and businesses can trust the documents they receive."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no indication that the scope of the regulation changed from its original intent. It appears to remain focused on procedural requirements for affidavits, statutory declarations, and certifications as originally enacted in 2018."},"complexity_factors":["Requires understanding of the parent Act (Oaths and Affirmations Act 2018) to fully interpret the regulations","Involves multiple document types (affidavits, statutory declarations, certifications) each with potentially different procedural requirements","Interacts with court rules and other regulatory frameworks that govern how documents are used in legal proceedings","Authorised witness categories can be technical — different people are authorised to witness different document types","Severely limited source text provided — only structural/metadata content available, preventing full substantive analysis","Multiple versions exist, meaning practitioners must ensure they are applying the correct version for a given time period"],"plain_english_summary":"This Victorian regulation sets the formal rules for swearing, affirming or certifying affidavits, statutory declarations and certified copies. It governs who can witness or certify, how documents must be executed, and when they will be treated as valid.\n\nIt affects anyone making or receiving sworn statements or certified copies in Victoria — members of the public, lawyers, businesses, agencies and authorised witnesses — and matters because non‑compliant documents can be invalid and rejected."}},"importantCases":[],"_links":{"self":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018","history":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018/history","analysis":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018/analysis","conflicts":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018/conflicts","importantCases":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018/important-cases","documents":"/api/acts/oaths-and-affirmations-affidavits-statutory-declarations-and-certifications-regulations-2018/documents"}}