Oaths and Affirmations (NT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

In the NT, a person may be required to make an affirmation or take an oath for a number of reasons including when they are signing an affidavit and when they are to give evidence in court. Oaths and affirmations in the NT are governed by the Oaths, Affidavits and Declarations Act 2010. Understanding the proper procedures for oaths, affirmations, and statutory declarations is crucial for anyone involved in legal proceedings in the Northern Territory.

These legal formalities serve as important safeguards in the justice system, ensuring that individuals understand the gravity of their statements and the legal consequences of providing false information. Whether you are a witness in a criminal trial, preparing an affidavit for civil proceedings, or making a statutory declaration, the requirements under NT law must be strictly followed.

Oaths

Religious Nature of Oaths

An oath is a religious declaration that can be sworn in accordance with a religion of the deponent's choice. It is not necessary for a copy of a scripture to be used when taking an oath. An oath should be spoken aloud but if the witness is unable to speak, it can be taken in an alternative way.

The religious aspect of an oath means that the person taking it calls upon their deity or religious beliefs as witness to their promise to tell the truth. This carries significant moral and spiritual weight for many individuals, making it a powerful tool for ensuring truthfulness in legal proceedings.

Administration and Forms of Oaths

Under the Evidence (National Uniform Legislation) Act 2011 (NT), oaths can be administered in various forms depending on the religious beliefs of the person taking them. The traditional Christian oath involves swearing "by Almighty God," but other forms are available for different faiths. The key requirement is that the oath must be binding on the person's conscience according to their religious beliefs.

For individuals with hearing impairments or other communication difficulties, alternative methods of taking oaths are permitted, including sign language or written responses, provided the solemnity and understanding of the oath are maintained.

Affirmations

Secular Alternative

An affirmation is the secular equivalent of an oath. A person can choose to make an affirmation rather than taking an oath. An affirmation has the same effect as an oath and carries identical legal weight in all proceedings.

Affirmations are particularly important in our diverse society, accommodating those who may not hold religious beliefs or prefer not to invoke religious elements in their legal obligations. The choice between oath and affirmation is entirely at the discretion of the individual, and no person should be questioned about their reasons for choosing one over the other.

Legal Equivalence

Under section 21 of the Evidence (National Uniform Legislation) Act 2011 (NT), an affirmation has the same legal effect as an oath for all purposes. Courts and legal practitioners must treat both forms equally, and there can be no discrimination or inference drawn from a person's choice to affirm rather than swear an oath.

Promises

Special Provisions for Vulnerable Witnesses

A child witness, or a witness who has an intellectual disability, may make a promise to tell the truth rather than taking a formal oath or affirmation. The promise can be made in any way that is appropriate for the individual's circumstances and level of understanding.

This provision recognizes that traditional oaths and affirmations may not be suitable for all witnesses. The courts have flexibility in determining what form of promise is most appropriate, considering factors such as the person's age, cognitive ability, and cultural background.

Judicial Discretion

Under section 13 of the Evidence (National Uniform Legislation) Act 2011 (NT), judges have discretionary power to determine the most appropriate form of promise for vulnerable witnesses. This may include simplified language, visual aids, or culturally appropriate modifications while maintaining the essential requirement of a commitment to truthfulness.

Who may administer an oath?

Authorized Personnel

Under section 7 of the Oaths, Affidavits and Declarations Act 2010, an oath or affirmation may be administered by the following persons:

• A Justice of the Peace
• A commissioner for oaths
• A person who is authorised to administer an oath such as a legal practitioner or medical practitioner

Additional Authorized Officers

Beyond those listed above, other authorized persons include magistrates, judges, court registrars, and certain public officials. Police officers may also administer oaths in specific circumstances related to their duties. It's important to verify that the person administering your oath or affirmation has the proper authority to do so, as documents witnessed by unauthorized persons may not be legally valid.

Each authorized person must maintain proper records and follow prescribed procedures when administering oaths or affirmations, including verifying the identity of the person making the declaration and ensuring they understand the nature and consequences of their statement.

Affidavit

Formal Requirements

Under section 14 of the Oaths, Affidavits and Declarations Act 2010, an affidavit must include the full name of the person making it, the date and place where it is made and the fact that it is made in the presence of an authorised witness.

The deponent must say in the presence of the witness that they are the person named as the maker of the affidavit and that the contents of the affidavit are true.

The deponent and witness must sign each page of the affidavit.

Content and Structure

Affidavits must be written in the first person and contain only facts within the deponent's personal knowledge, unless specifically stating the source of information and belief. Each paragraph should be numbered consecutively, and any exhibits must be properly marked and referenced. The document must conclude with a formal jurat stating when and where the oath or affirmation was taken.

Declarations

Statutory Declarations

A statutory declaration may be made in writing or as a recording. A written statutory declaration must include the full name of the person making it, the place and date where it is made and a statement to the effect that the maker knows it is an offence to make a false statement in a statutory declaration. The declaration must be witnessed by an adult who must sign and declaration and write their full name and contact details.

Uses and Applications

Statutory declarations are commonly used for various administrative purposes, including identity verification, proof of residence, relationship status, and other matters where formal legal evidence is required but court proceedings are not involved. They serve as an important alternative to affidavits in situations where sworn testimony is needed outside the court system.

Consequences of False Statements

Perjury Offences

Under section 96 of the Criminal Code Act 1983, a person who gives false testimony in judicial proceedings, either orally or in writing