澳洲的法定声明 Statutory declaration 放到国内可以看作是公证。如果是一些国外的资料,或者是一些直接的英文资料,国内申请人找这类人群也有被认可的。
但需要注意的是,签证申请阶段建议统一用公证,澳洲移民部是根据澳洲法律给出的澳洲境内的 Statutory declarations 资格要求:
A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:
- on the list of authorised witnesses (below)
- has a connection to Australia.
For example, a doctor who is registered to practise medicine in Australia can witness your declaration, but a doctor who is not registered in Australia cannot.
Statutory declarations
Only certain people may witness Commonwealth statutory declarations. All departmental offices outside Australia have a person who can witness statutory declarations.
下列人是我们比较熟悉的有资格的 witness:
- 太平绅士 \ Justice of Peace
- 事务律师 \ Solicitor
- 澳洲注册的医生和护士,包括牙医 \ Nurse
- 药剂师 \ Pharmacist
- 警察 \ Police Officer
- 澳大利亚工程师协会会员 \ Member of Engineers Australia
- 税务管理会计师协会会员 \ Member of the Association of Taxation and Management Accountants
- 澳大利亚各会计师协会会员 \ Member of the Institute of Chartered Accountants in Australia
- 教师(全职就职在普通学校或者高等学府) \ Teacher employed on a full-time basis at a school or tertiary education institution
上面说的是澳洲境内认可的有 Statutory declaration 资格的人群。有些概念其他国家没有。对中国大陆来说,一切都可以用公证来代替 Statutory declaration 。
太平绅士(这个中国大陆就没有),这是名义上由政府委任民间人士担任维持社会安宁,防止非法刑罚及处理一些较为简单的法律程序的职衔,但并不是相关的法律界人士,仅仅可以看作一种社会荣誉称号,而且成为太平绅士并不需要任何学历和资格认证的要求,简单来说就是一个社会名号。
太平绅士签阅文案是免费的,是他们的义务也是责任。
事务律师,律师的一种,与讼务律师的区别在于,他们没有资格代表当事人在法庭发表或者代理辩护意见,这类律师通常都在律师事务所里面办公和处理申诉一些法律事件,不过,作为律师的一类,他们所签署的文件和文案效力是能够获得 Statutory declaration 的认可。
实际中,合格 witness 人群一直在变化,下面是 2016 年官方给出的合格人群列表。
List of authorised witnesses
There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:
- on the list of authorised witnesses (below)
- has a connection to Australia.
For example, a doctor who is registered to practise medicine in Australia can witness your declaration, but a doctor who is not registered in Australia cannot.
If you are currently overseas, you may be able find someone who is an authorised witness at your nearest Australian Embassy, high commission or consulate. For more information, including contact details, visit the Department of Foreign Affairs and Trade or Smartraveller website. An authorised witness overseas may attract a fee under the Consular Fees Act 1955.
A statutory declaration may be made before a person on the list of authorised witnesses in the Statutory Declarations Regulations 1993:
- a person who is currently licensed or registered under a law of a State or Territory to practise in one of the following occupations:
- Chiropractor
- Dentist
- Legal practitioner
- Medical practitioner
- Nurse
- Optometrist
- Patent attorney
- Pharmacist
- Physiotherapist
- Psychologist
- Trade marks attorney
- Veterinary surgeon
- a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or
- a person who is in the following list:
- Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
- Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
- Bailiff
- Bank officer with 5 or more continuous years of service
- Building society officer with 5 or more years of continuous service
- Chief executive officer of a Commonwealth court
- Clerk of a court
- Commissioner for Affidavits
- Commissioner for Declarations
- Credit union officer with 5 or more years of continuous service
- Employee of the Australian Trade Commission who is:
- in a country or place outside Australia; and
- authorised under paragraph 3(d) of the Consular Fees Act 1955; and
- exercising his or her function in that place
- Employee of the Commonwealth who is:
- in a country or place outside Australia; and
- authorised under paragraph 3© of the Consular Fees Act 1955; and
- exercising his or her function in that place
- Fellow of the National Tax Accountants’ Association
- Finance company officer with 5 or more years of continuous service
- Holder of a statutory office not specified in another item in this list
- Judge of a court
- Justice of the Peace
- Magistrate
- Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
- Master of a court
- Member of Chartered Secretaries Australia
- Member of Engineers Australia, other than at the grade of student
- Member of the Association of Taxation and Management Accountants
- Member of the Australasian Institute of Mining and Metallurgy
- Member of the Australian Defence Force who is:
- an officer; or
- a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
- a warrant officer within the meaning of that Act
- Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
- Member of:
- the Parliament of the Commonwealth; or
- the Parliament of a State; or
- a Territory legislature; or
- a local government authority of a State or Territory
- Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
- Notary public
- Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
- Permanent employee of:
- the Commonwealth or a Commonwealth authority; or
- a State or Territory or a State or Territory authority; or
- a local government authority;
with 5 or more years of continuous service who is not specified in another item in this list
- Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
- Police officer
- Registrar, or Deputy Registrar, of a court
- Senior Executive Service employee of:
- the Commonwealth or a Commonwealth authority; or
- a State or Territory or a State or Territory authority
- Sheriff
- Sheriff’s officer
- Teacher employed on a full-time basis at a school or tertiary education institution.
https://www.ag.gov.au/publications/pages/statutorydeclarationsignatorylist.aspx