Affidavits
Signing an affidavit
You can either sign your affidavit on paper or by using an electronic signature.
Refer to the Witness information for statutory declarations or affidavits fact sheet to find out more.
When signing, you should also initial:
- every page
- all changes and erasures.
You cannot make changes to the affidavit after you sign it.
Signing on paper
If you will be signing your affidavit on paper, you and your witness must sign:
- the same original paper document
- on the same day and in each other’s presence.
It is recommended you sign using a pen with blue or black ink.
Signing by electronic signature
You can also use software to apply an electronic signature to your affidavit if it is witnessed by a special witness.
For example, you can:
- sign using a digital signature in your PDF reader
- use an online document signing platform
- paste an image of your handwritten signature into the document.
If your affidavit is signed electronically, your special witness can sign the same document or a true copy. They can also sign a copy of the affidavit that does not contain your signature (called a counterpart).
Learn about special witnesses in the Who can witness a statutory declaration or affidavit in Queensland fact sheet.
Asking someone else to sign for you
You can direct another person to sign the document for you. This person is called a substitute signatory.
For example, you can direct someone else to sign for you if you:
- physically cannot sign the document yourself
- have difficulties applying an electronic signature.
What a substitute signatory does
The role of the substitute signatory is simply to sign the document for you.
The affidavit is made in your name. This means you must swear or affirm that the contents of the affidavit are true to the best of your knowledge and belief. The substitute signatory cannot do this for you.
Who can be a substitute signatory
Generally, any adult can be a substitute signatory for you.
If the affidavit will be filed or admitted into evidence in a proceeding, the people listed below cannot be a substitute signatory for you:
- the witness to the affidavit
- a person who is another party to the proceeding
- a relative of a person who is another party to the proceeding.
If you will direct the substitute signatory to sign the document over audio visual link, they must be one of the following:
- an Australian legal practitioner
- a government legal officer who both
- is an Australian lawyer
- witnesses documents in the course of their government work
- an employee of the Public Trustee of Queensland.
There may also be others who cannot be your substitute signatory, depending on the type of proceeding involved. See the Who can sign a statutory declaration or affidavit as a substitute signatory fact sheet for more information.
When to sign
You can only direct someone to sign the affidavit for you when you both meet with your witness—not before.
Both you and the substitute signatory must meet with the witness at the same time to make the document. This applies whether you meet in person or over audio visual link.
At the meeting, the witness must observe you directing the substitute signatory to sign for you.
They must be satisfied that you are freely and voluntarily:
- making the affidavit
- directing the substitute signatory to sign for you.
In this guide:
- Download an affidavit form
- A witness for an affidavit
- Information an affidavit must include
- Making an affidavit
- Oaths and affirmations for an affidavit
- Signing an affidavit
- After an affidavit is made