identity
This file last saved 11 August, 2019 13:18
taking identity details
- While photographic identification is ideal, it is not always possible. You should be wary of service club ID cards.
- Technical Bulletin 01/09 requires you to:
- follow the general witnessing procedures in your handbook or logbook;
- advise the deponent that certain particulars are required to be recorded in case the witnessing is queried;
- scan identification under a 'black' lamp if this is available;
- record only the details necessary in the log book; and
- not record specific numbers from passports, driver's licences or other documents.
- You must provide a total of 100 points of Australian or state-isssued documentation to prove your digital identity.
- Different types of identify documents are worth different points (see table below). You can use different combinations of documents to make up your 100, points, but you must include at least one primary document as part of your 100 points.
- You must provide documents that match your family name. Only one document can list a different family name, unless you provide a marriage certificate that shows that your have change your name to either your spouse's name or a combination of your maiden name and your spouse's name using a hyphen or space. Change of name documents cannot be used to support a change of your name between documents.
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- Birth certificate
- Driver Licence
- Passport
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- Certificate of Australian citizenship
- Change of name certificate
- Australian visa
- Marriage certificate
- Technical Bulletin 01/13 advises that victims of flood or cyclone may not have identity documents. Witnessing procedure for statutory declarations is unchanged, but in these cases write on the document and in your logbook that identification was not sighted due to the event. This technical bulletin was amended in 2016 to reflect the fact that it now applies generally to natural disasters.
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Technical Bulletin 04/09 advises that the only role for witnesses is to certify documentation as a
true copy of the original,
NOT to certify that they have identified the mortgagor/borrower. - Technical Bulletin 11/09 requires male JP/CD to treat the matter sensitively and refer women wearing face coverings to a female JP/CD.
- Technical Bulletin 06/12 advises that the Oaths Act 1900 (NSW) now specifies that a person who takes and receives a Statutory Declaration or Affidavit in NSW must follow prescribed procedures concerning identification. Queensland JP/CD who are asked to witness a NSW Statutory Declaration or Affidavit may complete the new jurat which has additional wording about the confirmation and certification of identity, but any technical failure to comply with the new section 34(1) of the NSW Act would not affect the validity of the document in NSW.
- Technical Bulletin 03/14 advises that the applicant must provide 100 points of personal identification that includes one primary document and one or more secondary documents. The two passport photos must be certified and signed and the certifying officer must complete Section B of the application where required. The point value for each document and photograph requirements are outlined in the application forms.
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The Act does NOT require JP to complete a witness certificate to witness the applicant's delaration on the application form.
- Technical Bulletin 01/15 requires JPs and CDecs NOT to discriminate on any basis, let personal attitudes, values or beliefs affect the performance of their role or refuse a service on the basis of those attitudes, values or beliefs.
- As noted above, and for digital identity in Queensland, see Proving Digital Identity.
- The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - Jun 2018 Sections, 4.1, 4.3.