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:: Frequently Asked Questions
Before whom may statutory declarations be made in Immigration matters?
Click here for the list taken from the Commonwealth Statutory Declarations Regulations.
Who can certify copies of documents as being true copies?
Regulations made under the Migration Act 1958 provide that the following persons may certify in writing that a copy of an original document is a true copy:
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a Justice of the Peace; or |
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Commissioner for Declarations; or |
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a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959 ; or |
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if the copy is to be certified in a place outside Australia — a person who is the equivalent of a Justice of the Peace or Commissioner for Declarations in that place. |
Click here for the list of persons before whom a statutory declaration may be made.
How should I communicate with the Department of Immigration and Citizenship?
Regulation 2.13 of the Migration Regulations sets out in some detail how communications must be made with the DIMIA.
As a general rule, communications must be in writing.
However communication may be oral if the communication is about:
| - | an application for a bridging visa; or |
| - | (enquiry about the stage reached in the consideration of a visa application; or |
| - | an oral application; or |
| - | a communication about an application for an Electronic Travel Authority (Class UD) visa. |
| - | a communication about an application for an Electronic Travel Authority (Class UD) visa. |
Written communications must include:
| - | applicant's full name, as set out in the application; and |
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| - | the applicant's date of birth; and |
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| - | one of the following: |
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(i) |
the applicant's client number; |
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(ii) |
the Immigration file number; |
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(iii) |
the number of the receipt issued by Immigration when the visa application was made; and |
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| - | if the application was made outside Australia, the name of the office at which the application was given to the Minister. |
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Where can I get an Enduring Power of Attorney or an Enduring Power of Attorney (medical )?
Example Power of Attorney documents can be found in our documents webpage.
Who can witness an Enduring Power of Attorney(Medical) or an enduring Power of Attorney?
Some of the forms which are available at various shops for these powers may be misleading as to who may or must witness these Powers of Attorney.
An Enduring Power of Attorney must be witnessed by two persons, one of whom shall be a person authorised by law to take and receive statutory declarations and neither of whom shall be the agent or alternate agent to be appointed. Note that the reference to persons authorised by law to take and receive statutory declarations refers to Victorian Law and are different form the persons authorized by Commonwealth law to take statutory declarations in relation to Immigration matters. Click here for the list of persons authorised to witness Enduring Powers of Attorney. The Instruments Act 1958 provides that neither the donor (giver) of the power nor the person appointed as attorney can be a witness and that only one of the witnesses can be a relative of the donor or of the person appointed as the attorney.
An Enduring Power of Attorney (medical) must be witnessed by two persons, one of whom shall be a person authorised by law to take and receive statutory declarations and neither of whom shall be the agent or alternate agent to be appointed. Note that the reference to persons authorised by law to take and receive statutory declarations refers to Victorian Law and are different form the persons mentioned in relation to the first question above. Click here for the list of persons authorised to witness Enduring Powers of Attorney (medical).
It is not entirely clear whether the Instruments Act provisions that apply to ordinary Enduring Powers of Attorney (see above) also apply to the medical variety. It would be wise to assume that they do and avoid witnesses who fall into those categories.
