By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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When a person gives evidence in court or in an affidavit, they must take an oath or make an affirmation to the effect that the information they are giving is the truth. In the ACT, this is governed by the Oaths and Affirmations Act 1984. This page deals with oaths and affirmations in the ACT, providing comprehensive information about their legal requirements, administration, and consequences.
Understanding the distinction between oaths and affirmations is crucial for anyone involved in legal proceedings in the Australian Capital Territory. These solemn declarations serve as the foundation of truthful testimony in our justice system, ensuring that witnesses, interpreters, and public officials are legally bound to provide accurate information.
When are they required?
A person must take an oath or make an affirmation in the following situations under the Oaths and Affirmations Act 1984.
- Where the person is to give evidence in a court proceeding
- Where the person is to act as an interpreter during court proceedings
- Where the person signs an affidavit
- Where a person takes up public office
- Where a person becomes a member of the Legislative Assembly
Court Proceedings
In criminal and civil court proceedings, every witness must be sworn in before providing testimony. This applies to both prosecution and defence witnesses, expert witnesses, and character references. The oath or affirmation creates a legal obligation to tell the truth and establishes the foundation for potential perjury charges if false information is provided.
Statutory Declarations and Affidavits
When preparing sworn documents outside of court, such as statutory declarations or affidavits for family law matters, criminal proceedings, or civil disputes, the declarant must take an oath or affirmation before an authorised person. The Act provides different oaths with different wording to be used in each of the above situations. The different oaths are contained in the Schedules to the Act.
Who can administer oaths and affirmations?
Under section 11 of the Act, members of the following occupations may administer an oath or affirmation in the ACT:
- Legal practitioners
- Justices of the Peace
- Notaries public
Sworn statements made in other jurisdictions may be administered by any person qualified to administer an oath in that state or territory.
Qualifications and Responsibilities
Each category of authorised person has specific qualifications and responsibilities when administering oaths and affirmations. Legal practitioners must hold a current practising certificate, while Justices of the Peace must be appointed under the relevant ACT legislation. These individuals have a duty to ensure the person taking the oath or affirmation understands the significance and legal consequences of their declaration.
Interstate Recognition
The ACT recognises oaths and affirmations administered in other Australian jurisdictions, provided they are conducted by appropriately qualified persons under the relevant state or territory legislation. This facilitates interstate legal proceedings and document preparation while maintaining the integrity of sworn statements.
Oaths
An oath is a religious declaration that is sworn before God. An oath may be made in accordance with the religion of the deponent's choice.
If the person is physically capable of speaking the words of the oath, they should do so. If they are not capable of speaking, they may take the oath by other means.
A religious text does not need to be used when taking an oath.
Religious Flexibility
The ACT legislation recognises diverse religious beliefs and practices. While traditional Christian oaths invoke God, individuals may request to swear by their preferred deity or religious concept. This inclusive approach ensures that people of all faiths can participate meaningfully in the oath-taking process while maintaining their religious integrity.
Alternative Methods
For individuals with speech disabilities or other communication challenges, the Act provides flexibility in how oaths may be administered. This may include written responses, sign language, or other appropriate communication methods, ensuring equal access to justice for all community members.
Affirmations
An affirmation is the non-religious equivalent of an oath, which is taken when a person who is required to give sworn evidence objects to taking a religious oath. This may be because they are not religious or because they follow a religion that does not practise religious oaths.
An affirmation has the same effect of an oath.
Legal Equivalence
Under section 4 of the Oaths and Affirmations Act 1984, affirmations carry identical legal weight to religious oaths. Courts and legal proceedings treat affirmed statements with the same seriousness and legal consequences as sworn statements. This equality ensures that non-religious individuals are not disadvantaged in legal proceedings.
Secular Alternative
Affirmations provide an important secular alternative for atheists, agnostics, or members of religious groups that prohibit oath-taking. The affirmation process focuses on the declarant's personal integrity and commitment to truthfulness rather than religious beliefs, making it accessible to all members of society regardless of their spiritual convictions.
Child witnesses
When a child is called as a witness in a court proceeding, they may be asked to make a promise that the evidence they give will be truthful rather than taking a formal oath or affirmation. The promise can be given in a form that is appropriate to the child's age and level of maturity.
Age-Appropriate Procedures
Courts recognise that children may not fully understand the concept of oaths or religious declarations. The promise format uses language and concepts that children can comprehend, such as agreeing to "tell the truth" in simple terms. This approach ensures that young witnesses understand their obligation to provide honest testimony while accommodating their developmental stage.
Judicial Discretion
Judges have discretion in determining the most appropriate way for a child to make their promise to tell the truth. This may involve explaining the importance of honesty in age-appropriate terms or using familiar concepts that resonate with the child's understanding of right and wrong.
Legal Procedures and Protocols
Standard Wording
The Oaths and Affirmations Act 1984 specifies the exact wording for different types of oaths and affirmations through various schedules attached to the legislation. These standardised forms ensure consistency across all ACT legal proceedings and official appointments.
Record Keeping
Authorised persons administering oaths and affirmations must maintain proper records of sworn statements, including the identity of the declarant, the date of administration, and their own qualifications to administer the oath or affirmation. These records may be crucial in subsequent legal proceedings.
Penalties and Enforcement
There are several offences that relate to the giving or administering of oaths and affirmations in the ACT.
Under section 25 of the Oaths and Affirmations Act 1984, a person who requires a person to take or administers an oath or affirmation when not qualified to do so commits an offence punishable by a fine of 50 penalty units or imprisonment for six months, or both.
Under
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