By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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In Western Australia, a person will be required to take an oath or make an affirmation when they are signing an affidavit or when they are to give evidence in court. Oaths and Affirmations in WA are governed by the Oaths, Affidavits and Statutory Declarations Act 2005. Understanding the legal requirements and procedures surrounding oaths and affirmations is crucial for anyone involved in legal proceedings, whether as a witness, party to litigation, or when preparing sworn documents for court proceedings.
Oaths
An oath is a religious declaration that involves a person swearing before God or in accordance with their religious beliefs that they will tell the truth. The taking of an oath has deep historical significance in the legal system and remains a fundamental aspect of court proceedings and legal documentation in Western Australia.
Forms of Oaths in Western Australia
Under section 4 of the Oaths, Affidavits and Statutory Declarations Act 2005, a person in Western Australia may take an oath in any of the following ways:
- I swear by Almighty God…
- I swear by …
- I swear, according to the religion and the beliefs I profess…
Religious Considerations for Oaths
The legislation recognises that different religions have varying practices and beliefs regarding oath-taking. Witnesses may request to take an oath on their religious text of choice, such as the Bible, Torah, Quran, or other sacred texts. Courts and legal practitioners must accommodate these religious requirements where practical, ensuring that the oath-taking process respects the individual's faith and beliefs while maintaining the legal validity of the sworn statement.
Affirmations
An affirmation is a non-religious equivalent of an oath. A person may take an affirmation if they object to taking an oath or if it is not practical to do so. Affirmations carry the same legal weight and consequences as oaths, providing an inclusive alternative for those who do not wish to make religious declarations.
When to Use Affirmations
An affirmation is given by saying, 'I sincerely declare and affirm…'. People may choose to make an affirmation rather than an oath for various reasons, including atheistic beliefs, agnostic views, or when their religious practices do not permit oath-taking. The choice between an oath and affirmation is entirely at the discretion of the individual, and no person should be disadvantaged or questioned about their decision to choose one over the other.
Legal Equivalence
Under Western Australian law, affirmations hold exactly the same legal status as oaths. This means that making false statements under affirmation carries identical penalties to perjury committed under oath. The secular nature of affirmations ensures that the legal system remains accessible to all members of the community regardless of their religious beliefs or lack thereof.
Who may administer an oath or affirmation?
The following persons may administer an oath or affirmation in WA:
- Judicial officers
- Judicial registrars
- Justices of the Peace
- Legal Practitioners who have held a practising certificate for at least two years
- Public Notaries
Qualifications and Responsibilities
Each category of authorized witness has specific qualifications and responsibilities when administering oaths or affirmations. Legal practitioners must maintain current practising certificates and have at least two years of experience. Justices of the Peace undergo specific training and must be appointed by the Governor. These requirements ensure that only qualified individuals can witness the solemn act of oath-taking or affirmation-making.
Court Proceedings and Evidence
Witness Testimony in Criminal Cases
In criminal law proceedings, witnesses must take an oath or make an affirmation before giving evidence. This requirement applies to all witnesses, including expert witnesses, character witnesses, and complainants. The Evidence Act 1906 (WA) works in conjunction with the Oaths, Affidavits and Statutory Declarations Act 2005 to govern how testimony is given in Western Australian courts. Failure to properly swear in a witness can result in their evidence being ruled inadmissible.
Judicial Discretion and Special Circumstances
Courts have discretion to modify oath-taking procedures for witnesses with special needs, including children, people with cognitive impairments, or those with communication difficulties. The Evidence Act 1906 provides provisions for alternative methods of receiving evidence while maintaining the essential requirement that witnesses understand their obligation to tell the truth.
Affidavits
When a person makes an affidavit, they must take an oath or affirmation in the presence of an authorized witness. The affidavit must conclude with a statement that it is sworn or affirmed in the presence of an authorized witness and the place where it is being signed. Both the deponent and the witness must sign each page of the affidavit and the deponent must take an oath or affirmation that they are the person named in the affidavit as its maker, that the contents of the affidavit are true and that the signature or mark is theirs. The witness must clearly write their name and qualification.
Essential Elements of Valid Affidavits
A properly executed affidavit must contain several mandatory elements including the deponent's full name, address, occupation, and a clear statement of facts. The document must be structured in numbered paragraphs and conclude with the appropriate jurat clause. Any exhibits attached to the affidavit must be properly identified and sworn to as part of the oath or affirmation process.
Statutory declarations
When a person makes a statutory declaration, they must sign or mark the declaration and declare in the presence of an authorized witness that they are the person named in the declaration and that its contents are true. The authorized witness must sign or mark the declaration and write their name and qualification.
Uses of Statutory Declarations
Statutory declarations are commonly used for administrative purposes, insurance claims, and situations where formal sworn evidence is required outside of court proceedings. They provide a simpler alternative to affidavits while maintaining legal enforceability through criminal penalties for false statements.
Digital and Electronic Procedures
Technology and Remote Witnessing
Recent amendments to Western Australian legislation have introduced provisions for electronic witnessing of certain documents, particularly following the COVID-19 pandemic. The Electronic Transactions Act 2011 (WA) and related regulations provide framework for digital signatures and remote witnessing where permitted by law. However, traditional in-person oath-taking remains the standard requirement for most legal proceedings.
Authentication and Security Measures
When electronic methods are used, additional security measures must be implemented to verify the identity of parties and prevent fraud. These may include video recording of the oath-taking process, digital certificates, and enhanced identification procedures.
Offences
Under section 17 of the Oaths, Affidavits and Statutory Declarations Act 2005, it is an offence to pretend to be an authorized witness for an affidavit or statutory declaration. This offence is punishable by imprisonment for 12 months.