Right to Make Electronic Affidavits via the Electronic Court Management System
Oaths, Affidavits and Statutory Declarations Amendment (Electronic Affidavits) Bill 2026
Legislative Assembly
Legislative Council
Assent
Topics
access to justice court accessibility court procedures digital identity electronic affidavits legal testimony
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
People who knowingly enter false information into the ECMS can be charged with perjury or making a false statement on oath.
The CEO of the department must ensure the ECMS meets security standards before it can be used for electronic affidavits.
People who are blind, illiterate, or not fluent in English can have another person help them make an electronic affidavit.
Witnesses must read the affidavit and warnings aloud for blind or illiterate people; they must also verify the person's identity and understanding.
People not fluent in English must provide a written record in their own language; a qualified translator must then translate this into English and provide a confirming affidavit.
Witnesses for affidavits made in Western Australia must be a justice of the peace, a notary public, a court registrar, a mining registrar, or a legal practitioner who did not help prepare the case.
Witnesses for affidavits made outside Western Australia must be a local judge, magistrate, justice of the peace, notary public, consular official, or another person authorised by local law to administer oaths.
The Debate
What different members said when this bill was debated:
Dr Tony Buti ALP
“I move: That the bill be now read a second time. This bill delivers on the Cook government’s commitment to improve access to justice and modernised court services by enabling the use of electronic affidavits in Western Australian courts and tribunals.”