Bulletin No. 343 | 23 September 2020
CIB 343: COVID-19 response witnessing of statutory declarations
23 September 2020
Landgate continues to monitor developments and legislative change surrounding the State Government’s response to the COVID-19 pandemic.
On 12 September 2020, the COVID-19 Response and Economic Recovery Omnibus Act 2020 (CRERO Act) was enacted. For Landgate customers, the CRERO Act enables remote witnessing of statutory declarations for the purposes of the Transfer of Land Act 1893.
Remote witnessing is when the witness and the person executing the document can see and hear each other, whether by audio-visual communication (e.g. Skype, Zoom, Microsoft Teams etc) or in person.
The witnessing arrangements for other documents lodged at Landgate remain unchanged.
Signing a statutory declaration as a witness by audio-visual communication
The witnessing requirements are met if the witness:
- is satisfied the declaration they are about to sign is a copy of the declaration being executed
- signs the document, or copy or counterpart of the document endorses the copy of the counterpart declaration with a statement that it was executed in accordance with the relevant section of the CRERO Act, which provides for audio-visual communication witnessing.
The witness must sign the declaration while the witness and person executing the declaration are still able to see and hear each other by audio-visual communication. If it is not practicable for the witness to sign the copy of the declaration at the time, they should do so as soon as practicable afterwards.
Lodging of documents witnessed by audio-visual communication
The original signed declaration and the copy or counterpart declaration signed by the witness must be lodged together by the lodging party as proof of the execution of the declaration.
The provisions of the CRERO Act expire on 31 December 2021 unless extended by proclamation issued by the Governor of Western Australia.
Refer to Land Titles Registration Policy and Procedure Guide DOC-04 Statutory Declarations and Supporting Evidence.
Registrar of Titles