Victorian Numbered Acts Victorian Numbered ActsAfter section 5 of the Powers of Attorney Act 2014 insert —
(1) A power of attorney or other document under this Act that is required to be executed with a witness may be executed in accordance with the remote witnessing procedure set out in this section.
(2) One of the witnesses must be a special witness and, if more than one witness qualifies as a special witness, only one of the special witnesses is to be the special witness if the document being executed is—
(a) an enduring power of attorney under section 33; or
(b) an instrument of revocation under section 46; or
(c) a supportive attorney appointment under section 95; or
(d) a form of revocation under section 105.
(3) All elements of the remote witnessing procedure must be carried out on the same day and within Victoria.
(4) The principal must either—
(a) sign the power of attorney or other document with any required witnesses clearly seeing that signature being made by audio visual link or a combination of physical presence and audio visual link; or
(b) if permitted, direct another person (the substitute signatory ) to sign the power of attorney or other document with any required witnesses clearly seeing and hearing the direction of the principal to the substitute signatory and all witnesses and the principal clearly seeing the substitute signatory's signature being made on behalf of the principal by audio visual link or a combination of physical presence and audio visual link.
(5) Subject to subsection (6), any witness who is physically present with the principal then signs the power of attorney or other document in accordance with the requirements for witnesses under this Act.
(6) If a special witness is required, that witness must sign the document last regardless of whether the special witness is physically present.
(7) In addition to any other requirements under this Act, the power of attorney or other document is then transmitted by electronic communication to any witness attending by audio visual link who must—
(a) be reasonably satisfied that the document which the witness is to sign is the same document that the principal (or the substitute signatory on behalf of the principal) signed; and
(b) certify on the power of attorney or other document a statement that the witness witnessed the power of attorney or other document by audio visual link in accordance with the remote witnessing procedure; and
(c) sign and date the power of attorney or other document in the presence by audio visual link of the principal and other witnesses; and
(d) if the witness is the special witness, in addition to complying with paragraphs (a) to (c), the special witness must check the power of attorney or other document for compliance with the remote witnessing procedure and certify on the power of attorney or other document—
(i) that the power of attorney or other document was signed and witnessed in accordance with the remote witnessing procedure; and
(ii) that the person making the certification is a special witness and what type of special witness the person is; and
(iii) whether an audio visual recording was made of the signing or witnessing of the power of attorney or other document by the remote witnessing procedure.
(8) For the purposes of subsections (4), (5) and (7), principal includes an attorney under section 37, an alternative attorney under section 38, a supportive attorney under section 99 and an alternative supportive attorney under section 100.
(1) If a power of attorney or other document is executed in accordance with the remote witnessing procedure and requires a special witness, the document which has been certified by the special witness in accordance with section 5A(7) is the valid power of attorney or other document.
(2) If a power of attorney or other document is executed in accordance with the remote witnessing procedure and does not require a special witness, the document which contains the principal's signature (or the signature of the substitute signatory on behalf of the principal) and all the witness signatures is the valid power of attorney or other document.
(3) The place of execution of a power of attorney or other document executed or signed in accordance with the remote witnessing procedure is the place where the principal is located at the time the power of attorney or other document is executed or signed.
(4) Counterpart documents do not constitute a valid power of attorney or other document.
(1) An audio visual recording of the execution or signing of a power of attorney or other document by remote witnessing procedure may be made only if all of the parties to the procedure consent to a recording being made.
(2) The making of a recording or the failure to make a recording referred to in subsection (1) does not affect the validity of the power of attorney or other document executed or signed by the remote witnessing procedure or the use of that procedure.
(1) The use of the remote witnessing procedure applies in addition to any other duty or obligation under any Act (including any Commonwealth Act) or at common law applying to a person as a principal or witness to a power of attorney or other document.
(2) The use of the remote witnessing procedure does not limit any requirement imposed by this Act by which a person must not write or do something without first being satisfied of certain matters.
Example
Sections 36, 49 and 98 impose certain certification requirements.".