{"id":"nsw:sl-2024-0385","name":"Oaths Regulation 2024","slug":"oaths-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"385 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174359,"registerId":"nsw-sl-2024-0385-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Oaths Regulation 2024](/view/html/inforce/current/sl-2024-0385).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Oaths Regulation 2017](/view/html/repealed/current/sl-2017-0447), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 2 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Identification of persons making statutory declarations and affidavits—the Act, s 34","content":"# Part 2 Identification of persons making statutory declarations and affidavits—the Act, s 34\n\nPart 2 Identification of persons making statutory declarations and affidavits—the Act, s 34","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Exemption from requirement to see person’s face","content":"#### 4 Exemption from requirement to see person’s face\n\n4 Exemption from requirement to see person’s face\n\n> For the Act, section 34(3)(c), an authorised witness is exempted from the requirement under the Act, section 34(1)(a) to see the face of a person making a statutory declaration or affidavit if—\n> \n> > (a) the person is wearing a face covering, and\n> \n> > (b) the authorised witness is satisfied the person has a special justification for not removing the face covering.\n> > \n> > Note—\n> > \n> > A special justification includes having a legitimate medical reason for not removing the face covering.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Period of time authorised witness must know person","content":"#### 5 Period of time authorised witness must know person\n\n5 Period of time authorised witness must know person\n\n> For the Act, section 34(1)(b), an authorised witness knows a person if the authorised witness has known the person for a period of at least 12 months.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Confirmation of identity of person not known to authorised witness","content":"#### 6 Confirmation of identity of person not known to authorised witness\n\n6 Confirmation of identity of person not known to authorised witness\n\n> > (1) For the Act, section 34(1)(b), an authorised witness satisfies the requirement to confirm the identity of a person making a statutory declaration or affidavit if, before the declaration or affidavit is made, the authorised witness sights an original or certified copy of an identification document relating to the person.\n> \n> > (2) For subsection (1), an authorised witness must not rely on an identification document if the document—\n> > \n> > > (a) has expired, other than an Australian passport that has been expired for less than 2 years, or\n> > \n> > > (b) has been cancelled, or\n> > \n> > > (c) is referred to in the definition of identification document, paragraph (c), (d), (e), (g) or (j) and is in a language other than English, unless the document is accompanied by a document purporting to contain an English translation of the identification document, or\n> > \n> > > (d) is referred to in the definition of identification document, paragraph (l)(iii) and is more than 1 year old, or\n> > > \n> > > Note—\n> > > \n> > > Under subsection (2)(a), an authorised witness must not rely on a credit card or passbook that has expired.\n> > \n> > > (e) is referred to in the definition of identification document, paragraph (m) or (n) and is more than 2 years old.\n> \n> > (3) For subsection (1), a copy of a document may be certified as a true copy of the original by—\n> > \n> > > (a) an authorised witness, or\n> > \n> > > (b) a person authorised to take and receive statutory declarations under the Act, section 21(1).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Matters to be certified on statutory declaration or affidavit","content":"#### 7 Matters to be certified on statutory declaration or affidavit\n\n7 Matters to be certified on statutory declaration or affidavit\n\n> > (1) For the Act, section 34(1)(c), an authorised witness certifies the Act, section 34 has been complied with by certifying the following matters in a certificate on the declaration or affidavit—\n> > \n> > > (a) that the authorised witness—\n> > > \n> > > > (i) saw the face of the person making the declaration or affidavit, or\n> > > \n> > > > (ii) did not see the face of the person because of a face covering, but is satisfied the person had a special justification for not removing the covering,\n> > \n> > > (b) that the authorised witness—\n> > > \n> > > > (i) knows the person, or\n> > > \n> > > > (ii) has, in compliance with section 5, confirmed the person’s identity based on an identification document presented to the authorised witness,\n> > \n> > > (c) if the authorised witness has relied on an identification document to confirm the identity of the person—that the document on which the authorised witness relied is the document specified by the authorised witness in the certificate.\n> \n> > (2) A certificate may, but need not, be in the form set out in Schedule 1.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Savings","content":"#### 8 Savings\n\n8 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Oaths Regulation 2017](/view/html/repealed/current/sl-2017-0447), had effect under that regulation continues to have effect under this regulation.","sortOrder":9},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Form for certificate under the Act, section 34(1)(c)","content":"# Schedule 1 Form for certificate under the Act, section 34(1)(c)\n\nSchedule 1 Form for certificate under the Act, section 34(1)(c)\n\nsection 7(2)\n\nCertificate under the [Oaths Act 1900](/view/html/inforce/current/act-1900-020), section 34(1)(c)\n\n\\**Please cross out any text that does not apply*\n\nI \\[*insert name of authorised witness*\\], a \\[*insert qualification to be authorised witness*\\], certify the following matters concerning the making of this \\*statutory declaration/affidavit by the person who made it—\n\n> 1 \\*I saw the face of the person *or* \\*I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.\n\n> 2 \\*I have known the person for at least 12 months *or* \\*I have confirmed the person’s identity using an identification document and the document I relied on was \\[*describe identification document relied on*\\].\n\n  \n\\[*insert signature of authorised witness*\\]\n\nDate—","sortOrder":10},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 2 Dictionary\n\nSchedule 2 Dictionary\n\nsection 3\n\nforensic patient has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n\nidentification document means the following—\n\n> (a) a birth certificate or birth extract issued by a State or Territory,\n\n> (b) a citizenship certificate issued by the Commonwealth,\n\n> (c) a citizenship certificate issued by a foreign government,\n\n> (d) a birth certificate issued by a foreign government or the United Nations,\n\n> (e) a licence or permit for driving a vehicle—\n> \n> > (i) issued under a law of a State or Territory or equivalent authority of a foreign country, and\n> \n> > (ii) containing a photograph of the person in whose name the licence or permit is issued,\n\n> (f) a passport issued by the Commonwealth,\n\n> (g) a passport or similar document for international travel—\n> \n> > (i) issued by a foreign government or the United Nations, and\n> \n> > (ii) containing a photograph and the signature of the person in whose name the document is issued,\n\n> (h) a Photo Card issued under the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020),\n\n> (i) a card for proving a person’s age—\n> \n> > (i) issued under a law of the Commonwealth or a State or Territory, and\n> \n> > (ii) containing a photograph of the person in whose name the card is issued,\n\n> (j) a national identity card for identification purposes—\n> \n> > (i) issued by a foreign government or the United Nations, and\n> \n> > (ii) containing a photograph and the signature of the person in whose name the document is issued,\n\n> (k) the following issued by the Commonwealth or a State or Territory—\n> \n> > (i) a Medicare Card,\n> \n> > (ii) a pensioner concession card,\n> \n> > (iii) a Department of Veterans’ Affairs entitlement card,\n> \n> > (iv) an entitlement card of a similar kind,\n\n> (l) the following issued by a bank, building society or credit union—\n> \n> > (i) a credit card,\n> \n> > (ii) a passbook,\n> \n> > (iii) a statement of account,\n\n> (m) an electoral enrolment card or other evidence of enrolment as an elector,\n\n> (n) a student identification card, or a certificate or statement of enrolment, from an educational institution,\n\n> (o) for an inmate within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)—an inmate identification card, or other document containing information identifying the inmate, prepared or used by the correctional centre in which the inmate is held,\n\n> (p) for a forensic patient—a residential identification card, or other document containing information identifying the patient, prepared or used by the mental health facility, correctional centre or other place in which the patient is detained,\n\n> (q) for a patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), other than a forensic patient—a residential identification card or other document containing information identifying the patient, prepared or used by the mental health facility to which the patient is admitted,\n\n> (r) a police identification card issued to a police officer by the Commissioner of Police.\n\nspecial justification has the same meaning as in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 19B.\n\nthe Act means the [Oaths Act 1900](/view/html/inforce/current/act-1900-020).\n\nUnited Nations includes an agency of the United Nations.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: operationalising the identity verification requirements in section 34 of the Oaths Act 1900. The 2024 version replaces the 2017 regulation but maintains the same core scope — prescribing how authorised witnesses identify people making statutory declarations and affidavits. While the specific ID document rules have been updated and expanded (particularly regarding foreign documents, inmates, and forensic patients), this represents refinement within the existing framework rather than scope creep into new policy areas."},"complexity_factors":["18 defined terms in Schedule 2, including complex nested definitions for 'identification document' with 18 sub-paragraphs (a)-(r)","Multiple cross-references to external legislation: Oaths Act 1900, Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Law Enforcement (Powers and Responsibilities) Act 2002, Crimes (Administration of Sentences) Act 1999, Mental Health Act 2007, Photo Card Act 2005, Interpretation Act 1987, and Subordinate Legislation Act 1989","Conditional logic with multiple exceptions in section 6(2): 5 separate exclusion clauses for expired documents, cancelled documents, translation requirements, and age limits on specific document types","Nested definitions within definitions (e.g., 'forensic patient' defined by reference to another Act, then used within the definition of 'identification document')","Dual pathways for compliance (face seen vs. face covering exemption; personally known vs. ID document verification) creating parallel but distinct compliance routes"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out the practical rules for how people prove who they are when making **statutory declarations** (sworn written statements) or **affidavits** (sworn statements used in court) in New South Wales.\n\n**Who it affects:**\n\n- **Ordinary people** who need to make a statutory declaration or affidavit (for example, for a court case, government application, or business matter)\n- **Authorised witnesses** — the people legally allowed to watch you sign these documents (such as Justices of the Peace, lawyers, police officers, and certain other professionals)\n\n**The key rules:**\n\n- **Seeing your face:** Normally, the witness must see your face. But if you're wearing a face covering (like for medical or religious reasons), you can keep it on if you have a \"special justification\" — basically, a legitimate reason.\n\n- **Knowing who you are:** The witness must either:\n  - Have known you personally for at least **12 months**, OR\n  - Check your ID by looking at an original or certified copy of an **identification document** (like a driver's licence, passport, Medicare card, bank card, or even a student ID)\n\n- **ID rules:** There are specific restrictions on what ID counts:\n  - Expired documents generally don't work (except Australian passports expired less than 2 years ago)\n  - Foreign documents need English translations\n  - Bank statements can't be more than 1 year old\n  - Electoral enrolment cards and student IDs can't be more than 2 years old\n\n- **Paperwork:** The witness must fill out a certificate on the declaration confirming they followed these rules. There's a standard form in Schedule 1 they can use.\n\n**Why it matters:**\n\nThis regulation replaced an older 2017 version and tightens up identity verification to help prevent fraud. It ensures that when someone swears a legal document, there's a reliable paper trail proving they are who they claim to be — while still allowing flexibility for people with face coverings or limited ID options."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a standard remake or continuation of oaths-related procedural rules, consistent with the typical rolling repeal-and-remake cycle for NSW subordinate legislation under the Subordinate Legislation Act 1989."},"complexity_factors":["Very limited substantive content is visible in the provided text — only metadata and status information was supplied, not the actual regulatory provisions","The underlying subject matter (oaths and declarations) is procedural and well-established in law, not inherently complex","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of temporal complexity","Sits within a broader legislative framework (parent Oaths Act) that must be understood to fully interpret the regulation"],"plain_english_summary":"This regulation implements practical rules under the Oaths Act for how people in NSW make and witness oaths, affirmations, statutory declarations and affidavits — including approved forms, witnessing arrangements and related administration. It affects anyone needing sworn or witnessed documents (e.g., for court, government applications or identity matters) and the authorised witnesses who sign them. The regulation is set to be automatically repealed on 1 September 2029."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation replaces the Oaths Regulation 2017 and preserves prior effects (s2; s8). It primarily clarifies and prescribes procedural steps for authorised witnesses—face covering discretion (s4), the 12‑month acquaintance rule (s5), how identity must be confirmed and which documents are acceptable including expiry/translation limits (s6; Schedule 2), certification of copies (s6(3)), and required certificate contents (s7). These are procedural clarifications rather than an expansion of substantive scope."},"complexity_factors":["Cross-references to the Oaths Act and Interpretation Act increase interpretive links (see s3 and general notes).","Discrete rules on face coverings that require subjective satisfaction by the authorised witness (s4).","A fixed acquaintance period (12 months) as an alternative to documentary ID creates a binary standard (s5).","Detailed identification rules with category-specific expiry and translation requirements, and a long list of acceptable documents in Schedule 2 (s6; Schedule 2).","Limits on relying on expired or cancelled documents and age limits for certain document types add conditional complexity (s6(2)).","Rules for certification of copies and who may certify them create procedural steps (s6(3)).","Prescribed matters to be included in witness certificates and an optional form in Schedule 1 mean compliance must follow a defined format (s7; Schedule 1).","Special provisions for inmates, forensic patients and mental health patients introduce separate evidentiary pathways (Schedule 2, items o–q).","A savings clause preserving prior regulation effects may require parallel compliance checks against the repealed regulation for legacy acts (s8).","Commencement and replacement timing add an implementation date to manage transitions (s2)."],"plain_english_summary":"This regulation sets the rules for how authorised witnesses verify the identity and face of people making statutory declarations or affidavits. It permits witnesses to accept face coverings when the person has a \"special justification\", requires witnesses to know the person for 12 months or sight specified identity documents, and provides a certificate form.\n\nIt affects authorised witnesses and people making declarations or affidavits by changing which identity documents and evidence are acceptable and by shifting judgment calls and procedural steps onto the witness and the declarant."}},"importantCases":[],"_links":{"self":"/api/acts/oaths-regulation-2024","history":"/api/acts/oaths-regulation-2024/history","analysis":"/api/acts/oaths-regulation-2024/analysis","conflicts":"/api/acts/oaths-regulation-2024/conflicts","importantCases":"/api/acts/oaths-regulation-2024/important-cases","documents":"/api/acts/oaths-regulation-2024/documents"}}