Lauren asks:
I got this question from my bride and I’m second guessing myself! ‘Went up to the police station on Sunday and got this signed, but I just wanted to check before I send you the original…in the qualification section, is it fine that it just says police officer? I only realised when looking at it later that there is no section for the witness’ name or identification number or anything, so hoping this is ok!’
In short, absolutely fine! Lauren’s bride is absolutely correct; there’s nowhere on the current NOIM for a witness to a party’s signature to write their name or identification number. All it asks for is their qualification, and I simply want to see a qualification that matches one that’s in the list of authorised witnesses below the signature boxes.
I often get asked this question in relation to stamps as well, particularly with JPs and police officers; is it okay if the witness doesn’t stamp the NOIM? Again, absolutely fine. I can find no mention in the Marriage Act or the Marriage Regulations or the Guidelines of requiring a stamp to prove their authority to witness the signatures on the NOIM. All that’s required is that they sign it, date it, and write their occupation in the box 🙂
I think this “witnessing business” process of a NOIM is FLAWED! And, there is an argument for change.
As we know the Marriage Act specifically says the NOIM must be signed in Australia “in the presence of” an authorised witness.
An authorised witness being “someone” with the following qualification
• an authorised celebrant
• a justice of the peace
• a barrister or solicitor
• a member of the Australian Federal Police or the police force of a State or Territory
• or a legally qualified medical practitioner (i.e., a person registered by the Medical Board of Australia) E.g., General Practitioner, anesthetist, obstetrician, pediatrician cardiologist, endocrinologist, surgeon, psychiatrist, etc).
So….by law, if I receive a NOIM that is signed and witnessed, as long as one of the qualifications listed above is entered in the qualification box/field I can be “apparently” satisfied that the correct party has signed the NOIM form (i.e., not been signed by another person’s behalf).
Ha! Anyone could scribble a signature and write an “accepted” qualification from the list above.
As it stands, there is no way I can check the validity of the person who has witnessed the form.
There are no additional details required of the witness such as the person’s full name, address, mobile or license number.
I would feel far more confident as to the validity of the correct party signing the form if I could ‘witness’ the signing of a NOIM by electronic means. Especially now that I can sight identification online.
Witnessing the party/parties sign the form, scan and email it or post the form to me, and when received, sign the NOIM and date the form when I watched them sign it has far more validity than the current process.
As a Celebrant, I would much prefer to witness the signing electronically than “trust” that the person who witnessed the signing of the NOIM is in fact authorized and actually did confirm that the correct party signed the form.
What do others think? Is this worth raising at the next MLCS meeting in May?