Using technology to make documents during COVID-19
These temporary laws expired on 30 April 2022. The Justice and Other Legislation Amendment Act 2021 commenced on 30 April 2022 and replaced the temporary laws with permanent laws. See the Queensland Legislation website for further details.
Temporary laws apply to the making, signing and witnessing of affidavits, statutory declarations, general powers of attorney and particular mortgages. These temporary laws also apply to how deeds can be made and oaths can be administered.
Temporary laws were previously put in place to allow wills, enduring powers of attorney and advance health directives to be witnessed over video conference, however they expired on 1 July 2021. Wills, enduring powers of attorney and advance health directives must now be made in the usual way, meaning they must be signed on paper and witnessed in person. Find more information about power of attorney and making decisions for others.
However, temporary laws continue to allow nurse practitioners to sign the certificate in an advance health directive, as well as a doctor.
These temporary laws will help to reduce face-to-face contact and protect the health, safety and welfare of Queenslanders during the COVID-19 emergency. The laws relate to sections 8 and 9 of the COVID-19 Emergency Response Act 2020.
Temporary laws for wills, enduring powers of attorney and advance health directives.
Affidavits can be witnessed over video by a special witness during the COVID-19 crisis.
Statutory declarations can be witnessed by additional people or over video by a special witness during the COVID-19 crisis.
Oaths can be administered over video during the COVID-19 crisis.
Making deeds and particular mortgages during the COVID-19 pandemic and when it is ok to make and sign them electronically.
Documents authorising others to act on your behalf can be witnessed by a special witness by video to maintain social distancing during the pandemic.