Commissioners for Declarations

Commissioners for Declarations (CDs) serve the public by signing documents that need a qualified witness. Although the role of a CD is purely administrative, Commissioners are empowered to exercise some of the ministerial functions of justices.

A CD can:

• witness signatures to documents
• certify a true copy of an original document (subject to any specific instructions)
• witness a statutory declaration

A CD cannot:

• issue summons or warrants
• take or receive an oath, affidavit or affirmation
• receive a complaint

The Minister may appoint persons to be CDs. A person may also be a CD if that person is:

(a) authorised to practice as a member of a profession;

(b) a person listed in an employment group; or

(c) a member of a group of persons declared by the Minister to be an occupational group.

Find a Commissioner for Declarations

Commissioners for Declarations (CDs) are similar to Justices of the Peace, and often more convenient to find than a JP.

People are CDs due to their profession (for example, pharmacists and accountants), while others are appointed by the Attorney­‑General.

The signing page or section of your document should tell you what service you need. For example, if your document requires you to ‘declare’, a CD can sign your document, unless there are instructions requiring a JP.

CDs and JPs do not provide legal advice, and cannot accept payment, gifts or any other benefits for providing their services. CDs cannot:

• administer, take or receive an oath, affirmation or affidavit
• receive a complaint
• issue a summons or warrant
• provide legal advice

What to do when you contact a Commissioner for Declarations

CDs are volunteers who provide their services to the community.

Please remember that they are just like you, with jobs and other commitments.

• Contact the CD at a reasonable time.
• If possible, contact a CD who is close to where you would like to meet.
• If possible, provide a reasonable time to enable the CD to provide the service.
• Ask the CD where and when they are available to provide the service. Don’t assume the CD will come to your location.
• Tell the CD what service(s) you require, and how complex this is.
• The CD may not agree to your request; in which case, please search for another CD. Have all the documents ready for the CD, but do not sign them before meeting the CD.
• If you need copies of original documents signed, take the relevant and required number of copies of the originals with you when you see the CD. If the document is on your laptop, mobile phone or other device, have print outs of the document. It is not the CD’s responsibility to arrange copies for you.
• Have your personal identification documents with you.

The Role of Commissioners for Declarations

This guide for CDs covers witnessing, certifying documents, statutory declarations and more.

Handbook for Justices of the Peace

The Handbook for Justices of the Peace is also a useful reference for CDs as you perform your duties. It covers ethics, witnessing, affidavits, certifying documents, statutory declarations and more.

Statutory declarations

Magistrates Court website

The Magistrates Court of Tasmania website has useful information for background knowledge about the Tasmanian legal system, including a glossary of legal terms.