From boardrooms to home offices, more NSW businesses and professionals are now finalising important paperwork over a secure video call. Remote witnessing isn’t just a pandemic workaround anymore - it’s a practical, lawful way to get documents signed and witnessed when getting everyone into the same room isn’t feasible.
In this guide, we explain what remote witnessing in NSW involves, which documents it can be used for, the step-by-step process to follow, who can act as a witness, and the key legal requirements to keep you compliant. We’ll also flag common mistakes we see and how you can build a reliable process for your team.
If you’re a founder, manager or in-house professional looking to save time without cutting corners, this is your go-to overview of NSW’s remote witnessing rules.
What Is Remote Witnessing In NSW?
Remote witnessing means a witness observes you sign a document via live audio-visual link (for example, Zoom, Teams or Webex) and then signs the document themselves (often electronically). The law recognises this as a valid alternative to face-to-face witnessing when certain conditions are met.
In NSW, remote witnessing started as an emergency measure but has since been embedded into permanent legislation by amendments to NSW laws (including the Electronic Transactions framework and related instruments). The goal is simple: keep important legal processes moving while preserving the integrity of witnessing.
A quick reminder: electronic signing and witnessing are related but different concepts. Electronic signing is about how signatures are applied (for example, with e-signature software). Witnessing is about someone observing the signing and attesting to it. Many documents can be both electronically signed and remotely witnessed - but there are exceptions, so it’s smart to confirm the exact rules for your document. If you’re weighing up when “wet ink” is still necessary, this overview of wet ink vs electronic signatures is a helpful benchmark.
Which Documents Can Be Witnessed Remotely?
Not every document needs a witness - and not every document that needs a witness can be witnessed remotely. However, NSW law now permits remote witnessing for a broad range of common documents when the required conditions are followed. These often include:
- Affidavits used in NSW proceedings (with prescribed witnessing formalities)
- Statutory declarations (noting the Commonwealth list of authorised witnesses applies)
- Deeds and other instruments that require a witness for individuals
- Powers of attorney and appointments of enduring guardian (subject to safeguards)
- Some wills and testamentary documents (again, subject to strict formalities)
- Other documents that specify a witnessing requirement
Two important clarifications:
- Most standard commercial contracts do not require a witness unless the contract itself, an associated policy, or a counterparty (for example, a bank) insists on it. If a contract will be executed as a deed, the witnessing rules become more relevant - our guide on what a deed is under Australian law explains the distinction.
- Companies can usually execute without a witness under section 127 of the Corporations Act (for example, by two directors, a director and company secretary, or a sole director/secretary). If you’re relying on that method, check the rules for signing under section 127 and make sure your execution block reflects it.
If you’re preparing an affidavit or statutory declaration, ensure you follow the form and witness requirements for that document type. For NSW-specific guidance on declarations, see this overview of statutory declarations in NSW.
How To Witness A Document By Video In NSW (Step-By-Step)
Here’s a practical, repeatable process you can use. We’ve kept it technology-agnostic so you can apply it whether you’re using Zoom, Teams or your preferred platform.
1) Confirm The Rules And The Right Witness
- Check that the document type can be witnessed remotely and note any special formalities (for example, the wording of a jurat on an affidavit).
- Line up an authorised witness for that document type. “Authorised” depends on the document - for example, a solicitor or Justice of the Peace (JP) for an affidavit in NSW, or a person listed under the Commonwealth regime for statutory declarations. If in doubt, refer to who can witness a signature in Australia.
2) Prepare The Signing Pack And Technology
- Circulate a clean, final PDF or signing pack ahead of time so everyone is looking at the same version during the call.
- Test your audio-visual link. The witness must be able to see and hear you sign in real time - recordings aren’t sufficient.
- Agree how each party will sign (electronic signature platform, stylus, or printing and signing followed by scanning) and how the witness will add their details.
3) Verify Identity And Willingness
- At the start of the call, the witness should confirm your identity (for example, by recognising you personally or by sighting a driver’s licence or passport) and that you understand and consent to sign.
- For affidavits, the oath or affirmation must be administered live over the link, just as it would be in person.
4) Sign While The Witness Watches
- Sign the document on-screen or on paper while the witness can see the act of signing via the video link.
- Where documents include multiple pages, follow any specific initialling requirements and show the relevant pages to the camera if asked (some witnesses will want to see page numbers and initials).
5) The Witness Completes Their Part
- The witness signs a counterpart or the same version, and includes any required endorsement (for example, a statement noting the document was witnessed by audio‑visual link and the date).
- For affidavits, the witness should complete the jurat and any annexure notes as required by the relevant rules or practice directions.
6) Collate, Exchange And Store Records
- Exchange signed copies promptly and compile the final “record version” (for example, a single PDF containing the signer’s and witness’s signed pages).
- Store the record securely, together with notes of the time, platform used and who attended the call. If you run a business process, add a checklist into your matter management or document workflow tool so the steps are consistently followed.
For more nuanced execution scenarios (for example, where parties sign separate copies, or you need to complete a transaction with multiple signatures), this explainer on documents being signed in counterpart can help you structure a clean signing process.
Who Can Act As A Remote Witness?
The fact you’re using a video link doesn’t expand or reduce who counts as an authorised witness - the same eligibility rules apply as if you met in person.
In NSW, the correct witness depends on the document type:
- Affidavits for NSW matters: typically a solicitor, barrister, Justice of the Peace (JP) or notary public.
- Statutory declarations (Commonwealth regime): a person from the Commonwealth’s authorised witness list (for example, legal practitioners, JPs, certain professionals). The relevant list, not your state of residence, governs who can witness.
- Deeds executed by individuals: commonly any adult witness not a party to the deed - but best practice is to use a professional witness (for example, a lawyer or JP), particularly if the deed will be lodged or relied on by a bank or government agency.
- Powers of attorney and enduring documents: require specific classes of witness and additional certifications. Engage a lawyer early to avoid rework.
A quick myth-buster: the witness does not have to be physically located in Australia for every document type. What matters is that they are an authorised witness for that document and the witnessing is done in accordance with the applicable NSW/Commonwealth rules. That said, cross‑border execution can raise extra issues (for example, where a document will be filed with a NSW court), so best practice is to keep the witness within NSW when you can.
If you’re designing execution blocks or finalising who will witness what, this guide to the legal requirements for signing documents is a useful reference point.
Legal Requirements, Record‑Keeping And Common Mistakes
Remote witnessing is valid and binding when you meet the statutory conditions. Here’s a practical checklist and the pitfalls to avoid.
Must-Have Requirements
- Real‑time audio‑visual link: The witness must see the signing as it happens. A photo or a recording later is not enough.
- Identity and capacity: The witness should be satisfied as to identity (and, where relevant, capacity). If they don’t know the signer, ask them to hold ID to the camera.
- Correct wording and jurat: Where rules prescribe wording (for example, on affidavits), make sure the remote witnessing statement is included. If annexures are referenced, label and initial them correctly.
- Witness signature and endorsement: The witness signs the same document or a counterpart and adds a statement noting the witnessing occurred by audio‑visual link, with the date (and, ideally, the location of each person).
- Reliable record: Keep a consolidated copy of the fully signed document. Maintain a note of the platform used, date/time and attendees. For businesses, align storage with your data security and retention approach - these data retention laws basics are a good starting point.
Common Mistakes To Avoid
- Using the wrong witness: Different documents have different witness eligibility rules. Don’t assume any professional can witness everything.
- Missing the endorsement: Forgetting to note that witnessing occurred by audio‑visual link is a frequent reason documents are queried or rejected.
- Unclear version control: If multiple PDFs or scans circulate, merge the final signed pages into one clean “record version” and label it clearly.
- Relying on pre‑recorded video: The law requires a live two‑way link. If the connection drops at the moment of signing, pause and re‑sign on camera.
- Over‑witnessing contracts: Most commercial contracts don’t need a witness. If execution is under section 127, a witness can be unnecessary and confusing - check your execution block rather than defaulting to a witness signature.
- Affidavits: The witness must administer the oath/affirmation by video and complete the jurat correctly. Courts can be strict, so follow their practice notes closely.
- Deeds by individuals: Make sure the deed is expressed as a deed and any witnessing requirements are satisfied. Where a company executes as a deed under section 127, witnessing is not required - but ensure your execution clause is drafted for deed execution. If you’re not sure whether to use an agreement or a deed, take a look at the basics of deeds in Australian law.
- Company execution: If you are using the Corporations Act method, rely on section 127 instead of witnesses, and ensure signatories hold the correct officeholder roles.
- Wills/Enduring documents: These carry extra formalities and policy safeguards. Get tailored legal advice before relying on a remote process for estate planning documents.
Finally, if documents include page‑by‑page initialling, remote sessions can become fiddly. A short pre‑brief with your witness and a quick run‑through of required initials or annexures will keep things smooth. If it helps, this quick note on initialling documents covers what’s typically expected.
Key Takeaways
- Remote witnessing in NSW is a lawful, everyday option for many documents when you use a live audio‑visual link and follow the prescribed steps.
- The document type dictates who can witness. A solicitor or JP may be appropriate for affidavits, while statutory declarations follow the Commonwealth authorised witness list.
- Most commercial contracts don’t need a witness, and companies can usually execute without a witness under section 127. Deeds by individuals typically still require a witness.
- Build a simple, repeatable workflow: verify identity, sign on camera, add the remote witnessing endorsement, and keep a clean record version of the fully signed document.
- Courts, banks and agencies can be strict about formalities. A quick check of the rules (and the right execution block) will prevent rework and delays.
- If you’re unsure whether your document can be remotely witnessed or how to structure execution, get advice early - it’s faster and cheaper than fixing an invalid signing later.
If you would like a consultation on setting up a compliant remote witnessing process for your NSW business or documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
