sec.12Special witnesses

### sec.12 Special witnesses A special witness , for a document, is a person who is— an Australian legal practitioner; or a government legal officer under the Legal Profession Act 2007 who— is an Australian lawyer but not an Australian legal practitioner; and witnesses documents in the course of the government work engaged in by the officer; or a justice or commissioner for declarations approved by the chief executive under subsection (2) ; or a justice or commissioner for declarations— employed by the law practice that prepared the document; and who witnesses documents in the course of that employment; or a notary public; or a person mentioned in subsection (3) for the document. See sections 31Q and 31S for further provision about special witnesses. The chief executive may approve a justice or commissioner for declarations to be a special witness if the chief executive is satisfied the justice or commissioner for declarations is an appropriate person for witnessing documents under part 6A . For subsection (1) (f) , a person is also a special witness for a document if— the document is prepared by the public trustee; and the person is a justice or commissioner for declarations who is an employee of the public trustee. In this section— Australian lawyer see the Legal Profession Act 2007 , section 5 (1) . law practice see the Legal Profession Act 2007 , schedule 2 . s 12 prev s 12 om 1899 63 Vic No. 9 s 3(2) sch 3 pres s 12 ins 2021 No. 23 s 38 amd 2023 No. 23 s 139 hdg (prec s 13) amd 1908 8 Edw 7 No. 18 s 5 sch 3 om 1995 No. 24 s 27 (sec.12-ssec.1) A special witness , for a document, is a person who is— an Australian legal practitioner; or a government legal officer under the Legal Profession Act 2007 who— is an Australian lawyer but not an Australian legal practitioner; and witnesses documents in the course of the government work engaged in by the officer; or a justice or commissioner for declarations approved by the chief executive under subsection (2) ; or a justice or commissioner for declarations— employed by the law practice that prepared the document; and who witnesses documents in the course of that employment; or a notary public; or a person mentioned in subsection (3) for the document. See sections 31Q and 31S for further provision about special witnesses. (sec.12-ssec.2) The chief executive may approve a justice or commissioner for declarations to be a special witness if the chief executive is satisfied the justice or commissioner for declarations is an appropriate person for witnessing documents under part 6A . (sec.12-ssec.3) For subsection (1) (f) , a person is also a special witness for a document if— the document is prepared by the public trustee; and the person is a justice or commissioner for declarations who is an employee of the public trustee. (sec.12-ssec.4) In this section— Australian lawyer see the Legal Profession Act 2007 , section 5 (1) . law practice see the Legal Profession Act 2007 , schedule 2 . - (a) an Australian legal practitioner; or - (b) a government legal officer under the Legal Profession Act 2007 who— (i) is an Australian lawyer but not an Australian legal practitioner; and (ii) witnesses documents in the course of the government work engaged in by the officer; or - (i) is an Australian lawyer but not an Australian legal practitioner; and - (ii) witnesses documents in the course of the government work engaged in by the officer; or - (c) a justice or commissioner for declarations approved by the chief executive under subsection (2) ; or - (d) a justice or commissioner for declarations— (i) employed by the law practice that prepared the document; and (ii) who witnesses documents in the course of that employment; or - (i) employed by the law practice that prepared the document; and - (ii) who witnesses documents in the course of that employment; or - (e) a notary public; or - (f) a person mentioned in subsection (3) for the document. - (i) is an Australian lawyer but not an Australian legal practitioner; and - (ii) witnesses documents in the course of the government work engaged in by the officer; or - (i) employed by the law practice that prepared the document; and - (ii) who witnesses documents in the course of that employment; or - (a) the document is prepared by the public trustee; and - (b) the person is a justice or commissioner for declarations who is an employee of the public trustee.