Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 15 RULE 2

2. (1) Where it appears to the person before whom an affidavit is sworn that
the deponent is illiterate or blind, that person shall certify in or below the
jurat that at the time the affidavit was sworn-

   (a)  the affidavit was read to the deponent; and

   (b)  the deponent seemed to understand the affidavit.

(2) Where it appears to the person before whom an affidavit is sworn that the
deponent is by reason of physical incapacity incapable of signing the
affidavit, that person shall certify in or below the jurat that-

   (a)  the affidavit was read by or to the deponent;

   (b)  the deponent seemed to understand the affidavit; and

   (c)  the deponent signified that the deponent swore the affidavit.

(3) Where an affidavit is made by a person who does not have an adequate
command of the English language-

   (a)  the affidavit and the oath or affirmation to be taken shall be
        translated to the deponent by an interpreter into a language which the
        deponent understands; and

   (b)  the person who translated the affidavit and oath or affirmation shall
        certify in or below the jurat that paragraph (a) has been complied
        with.

(4) Where an affidavit is made by:-

   (a)  an illiterate or blind deponent;

   (b)  a person who by reason of physical incapacity is incapable of signing
        the affidavit; or

   (c)  a person who does not have an adequate command of the English
        language, and the certificate required by sub-rule (1), (2) or (3) has
        not been provided, the affidavit may not be used unless the Court is
        satisfied that the affidavit was read or translated to the deponent,
        as the case requires, and the deponent seemed to understand it.