NSW keeps remote signature witnessing

The state had introduced its remote witnessing scheme in response to the pandemic, which allowed legal documents and signatures to be witnessed over an audiovisual link in real-time.

The Electronic Transactions Amendment (Remote Witnessing) Bill 2021 will make the temporary measure permanent.

State Attorney-General Mark Speakman commented the scheme had kept the “wheels of commerce moving”, while letting people manage legal arrangements safely.

“After a successful trial period of 18 months, we’re pleased to be extending these effective and secure provisions to make life easier for people in the future,” he said.

Continuing the measure is expected to benefit people living in regional, rural and remote areas and to improve access for vulnerable members of the community, including older people, those suffering from illness or those with a disability.

It is also open to people outside of NSW, for documents required to be signed under or governed by the state’s law.

Mr Speakman also noted there are safeguards in place to address the risk of fraud.

“For example, signing must be witnessed in real-time and the witness must be reasonably satisfied they’re signing the same document or an exact copy,” he said.

“The witness must also endorse the document with a statement that they have complied with these requirements and specify the method used to witness the signature.”

Traditional methods of signing and witnessing documents will remain available.

Dan Bognar, DocuSign general manager and vice-president, Asia Pacific and Japan, also weighed in on the change, calling it “fantastic news for lawyers, businesses and individuals”.

“Using an audio-visual platform to observe the electronic signing of a document in New South Wales has become common practice,” Mr Bognar said.

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