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Documents a NSW JP cannot witness
There are a number of documents a NSW JP cannot witness for various reasons, in all cases, your JP will advise what you can do as an alternative.
Legislation regarding this directive is changing on a regular basis and listed by the Administrative Services Unit of the NSW Department of Communities and Justice. This page will be updated if or when any changes may occur.
Documents include:
| General power of attorney or an enduring power of attorney | NSW law doesn't authorise a NSW JP to witness these documents |
| Documents for use overseas and documents in a foreign language | NSW JP's are not authorised under NSW law to witness the execution of documents for use overseas |
| Overseas proof of life documents | Customers can go to a Notary Public or international Services Branch of Centrelink.Centrelink www.servicesaustralia.gov.au/individuals/services/centrelink/international-services or Notary Public https://notarynsw.org.au |
| Certify that a photograph is a true likeness | s8. of the Act allows a JP to certify a copy of an original document, but it does not authorise a JP to compare a face with a photo. JP's cannot certify that a photograph is a true likeness of a person in any situation. |
| Land title documents from another state | this is allowed under the Oaths Act 1900, but JP's have been advised "to exercise caution when asked to witness any property transactions" |
| Certify a copy of laminated Australian Citizenship Certificate | A JP cannot certify a laminated copy of an Australian Certitizenship Certificate |
| Wills and private letters | A JP can witness a signature as a private citizen but not act in the capacity of a JP |
| JP's cannot witness documents from overseas | NSW JP's are not authorised under NSW law to witness the execution of documents for use overseas |