Oaths

[64-000] Oaths and affirmations — Ch 2 Pt 2.1 Div 2 Evidence Act 1995

Subject to the provisions of s 13, a witness (see Dictionary section of the Evidence Act) must before giving evidence take an oath or make an affirmation: s 21.

Similarly a person acting as an interpreter must take an oath or make an affirmation before acting as an interpreter: s 22.

A witness or an interpreter may choose whether to take an oath or to make an affirmation and the court is to advise the individual of the right to choose: s 23. Generally this will be attended to by the court officer: s 24.

It should also be noted that it is no longer necessary that an oath be taken on a religious text.

[64-020] Forms of oath and affirmation

Sections 21(4), 22(2) and Sch 1 provide for the forms of the oaths and affirmations.

Oaths by witnesses

I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that the evidence I shall give will be the truth, the whole truth and nothing but the truth.

Oaths by interpreters

I swear (or the person taking the oath my promise) by Almighty God (or the person may name a god recognised by his or her religion) that I will well and truly interpret the evidence that will be given and do all other matters and things that are required of me in this case to the best of my ability.

Affirmations by witnesses

I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.

Affirmations by interpreters

I solemnly and sincerely declare and affirm that I will well and truly interpret the evidence that will be given and do all other matters and things that are required of me in this case to the best of my ability.