Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 14 RULE 2

2. (1) An affidavit must be made in the first person.

(2) The body of an affidavit must be divided into paragraphs numbered
consecutively, each paragraph being as far as possible confined to a distinct
portion of the subject.

(3) Where it appears to the person before whom an affidavit is sworn that the
deponent is illiterate or blind, he or she must certify in or below the jurat
that:

   (a)  the affidavit was read in his or her presence to the deponent; and

   (b)  the deponent seemed to understand the affidavit.

(4) 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 same he
or she must certify in or below the jurat that:

   (a)  the affidavit was read in his or her presence to the deponent;

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

   (c)  the deponent signified he or she swore the affidavit.

(5) Where an affidavit is made by an illiterate or blind deponent and a
certificate in accordance with subrule (3) or subrule (4) does not appear on
the affidavit, the affidavit may not be used unless the Court is satisfied
that the affidavit was read to the deponent and that the deponent seemed to
understand it.

(6) Each page of an affidavit must be signed by the deponent and by the person
before whom it is sworn, except that it is not necessary for a deponent who is
physically incapable of signing the affidavit to do so.