Industrial Relations (Tribunals) Rules 2011
sec.55Certificate of reading or signature for person making affidavit
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sec.55 Certificate of reading or signature for person making affidavit
If an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify— that fact; and that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and that the person seemed to understand the affidavit; and that the person signified that the person made the affidavit. The affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise. (sec.55-ssec.1) If an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify— that fact; and that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and that the person seemed to understand the affidavit; and that the person signified that the person made the affidavit. (sec.55-ssec.2) The affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise.
- (a) that fact; and
- (b) that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and
- (c) that the person seemed to understand the affidavit; and
- (d) that the person signified that the person made the affidavit.