Oaths and Affirmations: New Bill Amendments in Victoria

On 6 June 2017, the Victorian Legislative Assembly introduced the Oaths and Affirmations Bill 2017 [VIC] (The Bill) which has the aim of re-enacting and modernising the law relating to oaths, affirmations, affidavits and statutory declarations, to establish a scheme for the certification of copies of documents, to repeal divisions 1 to 11 of part IV and part V and repeal or amend other provisions of the Evidence (Miscellaneous Provisions) Act 1958, to make consequential amendments to the Evidence Act 2008, the Constitution Act 1975, the Interpretation of Legislation Act 1984 and other acts and for other purposes.

Background - What are Oaths and Affirmations in Court

During a court trial, oaths or affirmations must be made by witnesses, interpreters, jurors or anyone involved with administering or affirming an affidavit. The aim of an oath or affirmation is a verbal promise to the court to tell the truth during the trial.

Oaths are frequently made while holding the Bible, the New Testament or the Old Testament. Witnesses may choose to swear an oath on another relevant religious text. It is not necessary that a religious text be used in taking an oath. Oaths may be taken by individuals, or by two or more people at the same time.

Affirmations are a verbal, solemn and formal declaration, which is made in place of an oath. A person may choose to make an affirmation rather than taking an oath. An affirmation has the same effect as an oath. Affirmations may also be made by individuals or by two or more people at the same time.

If an oath has been properly administered and taken, the fact that the person to whom the oath was administered had no religious beliefs at that time does not affect the validity of the oath.

At common law, the crime of perjury involves wilfully making a false statement to a court while under oath. There are also statutory offences whereby witnesses can be charged for making false statements in an affidavit or statutory declaration.

Oaths and Affirmations Around Australia

Oaths and Affirmations are covered by the following Acts in Australia:

• Oaths and Affirmations Act 1984 (ACT)

• Oaths, Affidavits and Declarations Act 2010 (NT);

• Oaths Act 1900 (NSW);

• Oaths Act 1867 (QLD);

• Oaths Act 1936 (SA);

• Oaths Act 2001 (TAS); and

• Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

Provisions in the New Victorian Bill

According to the Minister's Second Reading Speech, the Bill will repeal almost all of part 4 and all of part 5 of the Evidence (Miscellaneous Provisions) Act 1958 (VIC) (EMPA) — and will modernise those provisions. It clearly spells out what a person making an affidavit or statutory declaration must do and what the witnesses must do. This will make these processes more efficient and reduce the chance of procedural error and costly mistakes. The Bill will also remove a number of provisions that can be traced to Victoria's Evidence Act 1890 which are obsolete.

The Bill will also, for the first time, provide a clear, statutory process which business and the community can use to certify that a copy document is a true copy of an original.

The Bill is split into the following parts:

• Part 2 - Oaths and affirmations;
• Part 3 - Affidavits;
• Part 4 - Statutory declarations; and
• Part 5 - Certification.

According to the Media Release from the Attorney-General Martin Pakula:

The Bill is awaiting Second Reading Debate in the Legislative Assembly.

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Oaths and Affirmations Bill 2017 [VIC] and secondary materials as republished on TimeBase LawOne

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