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OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS BILL 2005
Introduction and First Reading

Bill introduced, on motion by Hon Kim Chance (Leader of the House), and read a first time.

Second Reading

HON KIM CHANCE (Agricultural - Leader of the House) [8.20 pm]: I move -

That the bill be now read a second time.

In a modern state such as Western Australia, the way in which oaths, affirmations, affidavits and statutory declarations are made should reflect the needs of the twenty-first century, rather than those of more historic times. Therefore, this bill proposes two important changes: first, it consolidates legal provisions relevant to making oaths, affirmations, affidavits and statutory declarations; secondly, it provides for a religiously neutral form of oath, and enables a person to make an affirmation instead of taking an oath in all circumstances. This is entirely appropriate for our multicultural society.
This bill and the consequential provisions bill implement recommendations of the Western Australian Law Reform Commission and are also the product of consultation by the Chief Justice of the Supreme Court of Western Australia with a wide range of persons and organisations, including ethnic and religious groups and the WA Police Ethnic Advisory Council. The Chief Justice recommended that references to religious deities be removed from oaths taken in Western Australia courts. As a result, oaths will be taken in a religiously neutral form.

Clause 4 of the bill implements this recommendation by providing that if an oath is made, it is to begin with one of three alternatives, according to the person’s preference -

I swear by Almighty God . . .;
I swear by - then name of a deity recognised by his or her religion -. . . ; or

I swear, according to the religion and beliefs I profess . . .

An affirmation will begin with the following words -

I sincerely declare and affirm that . . .

The proposed new oath is similar to the oath now used in federal courts, which is prescribed in the schedule to the Commonwealth Evidence Act 1995.
The WA Law Reform Commission’s recommendations are contained in its report “Official Attestation of Forms and Documents”, project No 28, November 1978. Principally, that report deals with unattested statutory declarations. The bill deals with attested, not unattested, declarations. Consequently, the bill implements two recommendations in that report. The first recommendation was that section 106 of the Evidence Act 1906 be repealed. Section 106 sets out the formalities for making attested statutory declarations. That is, section 106 provides the form to be used when such a declaration is being made. Implementation of the recommendation to repeal that provision is done in clause 51 of the Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Bill 2005, which affects the repeal of section 106, as well as in schedule 1 of this bill, which sets out a new and modernised form of statutory declaration.

The WA Law Reform Commission’s second recommendation was that the declaration should be signed by a handwritten signature and not by a rubber stamp or other facsimile of a signature. This recommendation is implemented in clause 15 of the bill, which specifically provides that a person making or witnessing a statutory declaration must not use a rubber or other stamp as the person’s signature.

The bill provides for the manner of taking oaths and affirmations and the form of making affidavits, as well as prescribing the form of a statutory declaration. That is, the bill provides -

how oaths and affirmations are to be made;
who should make them and for what reason;

how affidavits can be made and before whom;

what form a statutory declaration should take; and

the persons who are authorised to witness such declarations.

Finally, and importantly, this bill consolidates into one modern statutory form all the matters that need to be taken into account in relation to the making of oaths and affirmations and the manner and form in which affidavits and statutory declarations may be made in this state.
As I trust all members will appreciate, this bill is a significant improvement and contains important law reforms that will be of practicable benefit to all members of our community. I commend the bill to the house.

Debate adjourned, pursuant to standing orders.