HomeBillsBill 81

📜 Oaths, Affidavits and Statutory Declarations Amendment (Electronic Affidavits) Bill 2026

Legislative Assembly Second ReadingLABill 8120 August 2026

This Bill amends the Oaths, Affidavits and Statutory Declarations Act 2005 to introduce a new system for online, electronic affidavits. It allows for affidavits to be made without a physical signature or an authorised witness in certain court or tribunal proceedings, with specific provisions for persons who are blind, illiterate, or not conversant with English.

Impact

This bill significantly impacts individuals involved in Western Australian court and tribunal proceedings by offering a new, more accessible method for making affidavits. It aims to streamline legal processes and enhance access to justice, particularly for vulnerable groups, by leveraging digital technology.

Key Changes

["Introduction of 'electronic affidavits' that can be made online without a physical signature or authorised witness in specific circumstances.", "New definitions for terms like 'approved identity service', 'authorised witness' for affidavits, 'ECMS' (electronic case management system), and 'false affirmation warning'.", "Provisions for making electronic affidavits for persons who are blind, illiterate, or not conversant with English.", "Consequential amendment to the Evidence Act 2025."]

Parliamentary Progress

  1. LA Second Reading SpeechLA20 Aug 2026
  2. LA IntroducedLA20 Aug 2026
  3. LA Second Reading MovedLA20 Aug 2026
Affected Sectors
justicepublic_sector

Penalty Provisions2 found

criminal
4Criminalcross reference

false affirmation under The Criminal Code section 124 (perjury)

Ref: The Criminal Code section 124

(a) that a person who makes an affirmation under section 10B(1) that is knowingly false may commit an offence, including — (i) perjury, under The Criminal Code section 124; or (ii) false statement on oath, under The Criminal Code section 169(1); (b) the penalty for each offence referred to in paragraph (a)(i) and (ii);

4Criminalcross reference

false statement on oath under The Criminal Code section 169(1)

Ref: The Criminal Code section 169(1)

(a) that a person who makes an affirmation under section 10B(1) that is knowingly false may commit an offence, including — (i) perjury, under The Criminal Code section 124; or (ii) false statement on oath, under The Criminal Code section 169(1); (b) the penalty for each offence referred to in paragraph (a)(i) and (ii);

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