Oaths and Affirmations (SA)

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

A person in South Australia may be required to take an oath or make an affirmation in a range of situations. These include when the person is to give evidence in court and when they are signing a statutory declaration or affidavit. Oaths and affirmations in South Australia are governed by the Oaths Act 1936.

Understanding the legal significance of oaths and affirmations is crucial for anyone involved in legal proceedings or required to provide sworn statements in South Australia. These formal declarations carry serious legal weight and consequences for those who make false statements.

Oaths

An oath is a religious declaration that a person can make before God or in accordance with their belief system. The Oaths Act 1936 contains different oaths to be sworn in different circumstances, including a judicial oath, an oath of office, and an oath of allegiance.

Types of Oaths in South Australia

The Oaths Act 1936 prescribes several specific types of oaths for different purposes. A judicial oath is taken by judges and magistrates when assuming office, while an oath of office applies to various public officials and statutory appointees. The oath of allegiance is typically required for citizenship ceremonies and certain government positions.

Religious Requirements and Flexibility

When taking an oath, individuals may swear according to their religious beliefs, whether Christian, Jewish, Muslim, Hindu, or any other faith tradition. The oath can be administered using religious texts appropriate to the person's beliefs, such as the Bible, Torah, Quran, or other sacred texts. Courts and authorized officials in South Australia are equipped to accommodate diverse religious requirements when administering oaths.

Affirmations

An affirmation is the non-religious equivalent of an oath. A person may elect to make an affirmation rather than taking an oath because they do not believe in a religion, or for any other reason.

An affirmation has the same effect as an oath and the penalties for making a false statement are the same regardless of whether the evidence was given under oath or under affirmation.

Legal Equivalence

Under South Australian law, affirmations carry identical legal weight to oaths. The Evidence Act 1929 (SA) recognizes that both forms of declaration are equally valid for legal proceedings. This ensures that individuals who choose not to take a religious oath are not disadvantaged in any way during legal processes.

Personal Choice and Rights

The right to choose between an oath and affirmation is protected under South Australian legislation. No person can be compelled to take a religious oath if they prefer to make an affirmation, and no adverse inference can be drawn from their choice. This protection extends to all legal contexts, including court proceedings, statutory declarations, and affidavits.

Promises

When a child or a person with an intellectual disability is required to give evidence or sign a declaration, they may do so by making a promise to tell the truth rather than taking a formal oath or affirmation. The promise may be given in any way that is appropriate to the child's level of maturity or the person's level of cognition.

Special Considerations for Vulnerable Witnesses

The Evidence Act 1929 (SA) provides specific provisions for children and individuals with cognitive impairments. Courts must ensure that the promise is understood by the witness and given in language appropriate to their comprehension level. This may involve simplified language, visual aids, or other communication methods that ensure the witness understands their obligation to tell the truth.

Who may administer oaths and affirmation?

Under Schedule 1 the Oaths Act 1936, the following person may administer oaths and affirmations in South Australia:

• Justices of the Peace
• Police officers
• Notaries public
• Conveyancers
• Commissioners to taking affidavits in the Supreme Court

Additional Authorized Officials

Beyond those listed in Schedule 1, various other officials may administer oaths in specific circumstances. These include judges, magistrates, coroners, members of Parliament, and certain government officials when acting within their official capacity. Legal practitioners admitted to practice in South Australia are also authorized to administer affidavits in many circumstances under the Legal Practitioners Act 1981 (SA).

Verification of Authority

It is essential to verify that a person is properly authorized before allowing them to administer an oath or affirmation. Authorized officials should provide identification and evidence of their authority when requested. This verification helps prevent offences under section 35 of the Oaths Act 1936.

Statutory Declarations and Affidavits

Statutory Declarations

A statutory declaration is a written statement declared to be true in the presence of an authorized witness. These declarations are commonly used for administrative purposes, insurance claims, and various legal processes where formal evidence is required but court attendance is not necessary.

Affidavits

An affidavit is a written statement of facts sworn or affirmed before an authorized person, typically used in court proceedings. Affidavits must comply with specific formatting requirements under the Supreme Court Rules and other relevant procedural rules in South Australia.

Court Proceedings and Evidence

Witness Requirements

All witnesses giving evidence in South Australian courts must take an oath, make an affirmation, or give a promise before testifying. This requirement applies to criminal proceedings under the Criminal Law Consolidation Act 1935 (SA) and civil proceedings under the Evidence Act 1929 (SA).

Consequences of Refusal

A witness who refuses to take an oath, make an affirmation, or give a promise may be found in contempt of court. The court has discretion to determine appropriate penalties, which may include fines or imprisonment until the witness complies with the court's direction.

Offences

Under section 27 of the Oaths Act 1936, a person who makes a false statement in a statutory declaration is guilty of an offence punishable by imprisonment for four years.

Under section 30 of the Oaths Act 1936, a person who makes a false statement in an affidavit commits an offence punishable by imprisonment for seven years.

Under section 35 of the Oaths Act 1936, a person who administers an oath or affirmation when they are not authorised to do so is guilty of an offence punishable by a fine of $10,000 or imprisonment for six months. Under the same section, a person who represents themselves as authorised to administer such a declaration when they are not is guilty of an offence punishable by a fine of $1,500.

Under section 242 of the Criminal Law Consolidation Act 1935, a person who makes a false statement under oath is guilty of perjury, which is punishable by imprisonment for seven years.

Prosecution Considerations

The decision to prosecute for false declarations typically requires evidence that the false statement was made knowingly and was material to the matter at hand.