Oaths and Affirmations (Tas)

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

In Tasmania, there is a range of situations where a person may be required to take an oath or make an affirmation. This may be because they are to give evidence, because they are taking up public office or because they are signing a statutory declaration or affidavit. Oaths and affirmations in Tasmania are governed by the Oaths Act 2001.

Understanding the legal requirements and implications of oaths and affirmations is crucial for anyone involved in legal proceedings, employment in public service, or dealing with official documentation in Tasmania. These solemn declarations form the foundation of truthful testimony and sworn statements in the Tasmanian legal system.

Oaths

An oath is a religious declaration where a person swears before God to tell the truth to the best of their ability. It may be sworn in accordance with the religion of the deponent's choice. An oath should be spoken aloud, unless the deponent is unable to speak. It is not necessary that a copy of a scripture be used when an oath is being taken.

Religious Considerations for Oaths

Under the Oaths Act 2001, individuals taking an oath may do so according to their religious beliefs and practices. This includes swearing on religious texts such as the Bible, Quran, Torah, or other sacred scriptures. The person administering the oath must accommodate the religious requirements of the individual, ensuring the oath is meaningful and binding according to their faith traditions.

Form and Procedure of Taking an Oath

The standard form of an oath typically involves the person raising their right hand and repeating words such as "I swear by Almighty God that the evidence I shall give will be the truth, the whole truth, and nothing but the truth." The specific wording may vary depending on the context and religious preferences of the individual.

Affirmations

An affirmation is a non-religious declaration that a person will tell the truth to the best of their ability. A person can choose to make an affirmation rather than taking an oath because they are not a follower of a religion, or for any other reason.

An affirmation has the same effect as an oath.

Legal Equality of Affirmations

Under Tasmanian law, affirmations carry identical legal weight to religious oaths. This ensures that individuals who choose not to swear a religious oath are not disadvantaged in legal proceedings. The Evidence Act 2001 (Tas) supports this principle by treating both forms of declaration equally in all legal contexts.

Typical Affirmation Wording

A standard affirmation usually follows the format: "I solemnly, sincerely and truly declare and affirm that the evidence I shall give will be the truth, the whole truth, and nothing but the truth." This secular alternative ensures all individuals can participate fully in legal proceedings regardless of their religious beliefs.

Promises

When a child witness gives evidence or when a person who is intellectually disabled needs to make a sworn statement, they may make a promise to tell the truth rather than taking a formal oath or affirmation.

Special Provisions for Vulnerable Witnesses

The Evidence Act 2001 (Tas) recognises that traditional oaths or affirmations may not be appropriate for all witnesses. For children and individuals with intellectual disabilities, the concept of a promise may be more comprehensible and meaningful. The court assesses each person's capacity to understand the importance of telling the truth before determining the appropriate form of declaration.

Who can administer oaths and affirmations?

In Tasmania, the following person can administer an oath or affirmation:

• Justices of the Peace
• Commissioners for Declarations
• Another person authorised by law such as a legal practitioner or medical practitioner

Justices of the Peace

Justices of the Peace are volunteer judicial officers appointed by the Governor of Tasmania. They are widely available throughout the state and can administer oaths and affirmations for most purposes, including statutory declarations and affidavits. Their services are typically provided free of charge to the community.

Commissioners for Declarations

Commissioners for Declarations are appointed under the Oaths Act 2001 and have authority to witness statutory declarations and administer affirmations. Many legal practitioners, public servants, and other professionals hold these commissions, making these services readily accessible to the public.

Other Authorised Persons

Various other professionals are authorised by law to administer oaths and affirmations, including legal practitioners, medical practitioners, pharmacists, police officers, and court registrars. The specific authority depends on the context and type of document being witnessed.

When is an oath or affirmation taken?

A person may be required to take an oath or make an affirmation in the following situations:

• When they are to give evidence in court
• When they are signing a statutory declaration
• When they are signing an affidavit
• When they are taking up public office
• When they are to serve as a juror
• When they are to act as an interpreter in court proceedings

Court Proceedings

In criminal and civil proceedings, all witnesses must take an oath or make an affirmation before giving evidence. This requirement applies to both expert and lay witnesses and ensures the integrity of testimony presented to the court. The presiding judicial officer typically administers these oaths or affirmations.

Official Appointments

Public officials, including members of parliament, public servants, and appointed board members, must often take oaths of office. These oaths typically include commitments to serve faithfully, maintain confidentiality where required, and act in the public interest according to law.

Statutory declarations

A statutory declaration must be made using the approved form. It must contain the full name, address, occupation, phone number and signature of the person making it. It should include the full name and credentials of the person witnessing the signature and the date that it is signed and witnessed.

If documents are referenced in the statutory declaration, they should be described and numbered in the statement and copies should be attached, labelled, signed and witnessed.

If any changes are made to a statutory declaration after it has been signed and witnessed, the alternation should also be signed and witnessed.

Legal Requirements for Statutory Declarations

Under the Statutory Declarations Act 1959 (Cth), which applies in Tasmania, statutory declarations must follow prescribed formats and procedures. The declarant must be physically present when signing the document before an authorised witness. Electronic or remote witnessing is generally not permitted for statutory declarations in Tasmania.

Affidavits

An affidavit is a sworn statement that is tendered as evidence in court proceedings.

Court Rules for Affidavits

Affidavits in Tasmania must comply with the Supreme Court Rules 2000, Magistrates Court Rules, or other relevant court rules depending on