Electronic Witnessing Of Documents: How Does It Work?

Signing documents is part of running any business, but what happens when the signers or witnesses aren’t in the same room? Since the pandemic, electronic witnessing has become a practical and (in many cases) legal way to get documents executed without everyone meeting in person.

If you’re wondering when electronic witnessing is allowed, what the rules are in your state or territory, and how to set it up correctly, this guide walks you through the essentials in plain English so you can move forward with confidence.

What Is Electronic Witnessing?

Electronic witnessing means a witness observes the signing of a document via an audiovisual link (for example, Zoom or Microsoft Teams), rather than being physically present with the signatory, and then attests to that signature. The witness may sign electronically as well, depending on the rules for the specific document and jurisdiction.

It’s different from e-signing. An electronic signature is how a person signs (e.g. with DocuSign or a digital certificate). Electronic witnessing is about how a witness observes and confirms that signature. You can use electronic witnessing with either a digital signature or a handwritten “wet ink” signature where the witness views the signing in real time over video.

If you’re weighing up your signing options overall, it can help to revisit the core legal requirements for signing documents in Australia and the difference between wet ink and electronic signatures.

Is Electronic Witnessing Legal In Australia?

Yes, but the rules vary by state and territory and by document type. During COVID-19, governments introduced emergency regulations to allow remote witnessing. Many of those rules have since been made permanent or extended, but the details are not identical across Australia.

At a high level, most jurisdictions now allow remote witnessing of certain documents (like affidavits, statutory declarations and deeds) if specific conditions are met. A common requirement is that the witness must see the signatory sign in real time via audiovisual link and must endorse the document to say it was witnessed electronically.

As an example, New South Wales has specific procedures for remote witnessing by video link. If you’re operating in NSW, it’s worth reading about remote witnessing in NSW to understand the steps and endorsements required.

Because the rules differ, your process should always be tailored to the jurisdiction in which the document is made and to the type of document you’re witnessing.

Which Documents Can Be Electronically Witnessed?

This depends on the document and the relevant legislation where you’re located. As a general guide:

• Deeds: Many jurisdictions now allow deeds to be signed and witnessed electronically (including in counterparts), but requirements vary. For context on when a deed is appropriate and what it does, see what is a deed in Australian law.
• Affidavits and Statutory Declarations: Several states permit remote witnessing under set procedures (e.g. real-time video, specific wording by the witness). Some forms specify the class of authorised witness. If you’re in NSW, there are additional rules around statutory declarations.
• Powers of Attorney and Certain Personal Documents: These often have stricter witnessing requirements and, in some jurisdictions, may still require in-person witnessing or specific categories of witnesses. Always check the latest local rules.
• General Business Contracts: Many standard contracts don’t legally need a witness at all. If witnessing is required by the contract or for extra evidentiary value, electronic witnessing may be acceptable subject to local laws.
• Company Documents: Where a company is signing, witnessing is usually not required if the document is executed properly under the Corporations Act (more on this below).

Before committing to a remote process, confirm whether the specific document legally requires witnessing, and if so, whether electronic witnessing is permitted in your jurisdiction. It also helps to understand the baseline witness signature rules and who can witness a signature in Australia.

How Do You Electronically Witness A Document? (Step-By-Step)

Below is a practical framework most businesses can adapt. Always align these steps to the rules that apply in your state or territory and to the document type.

1) Confirm The Legal Basis

• Identify the governing law clause in the document and the location of the signatory.
• Check whether that jurisdiction permits remote witnessing for this specific document, and whether there are any mandated procedures or endorsements.

2) Prepare The Signing Pack

• Use a clean, final version of the document. Mark the signature and witness blocks clearly, and include any required witness statements (for example, a line stating the witness observed via audiovisual link).
• If you’ll use an e-signing platform, set up fields for the signatory and witness. If using wet ink, ensure the signatory can print and scan clearly.

3) Verify Identity

• Ask the signatory to hold a photo ID up to the camera (and, if required by local rules, share a copy securely). The witness should confirm name, address and role.
• Keep a brief attendance note of the date, time, platform used and the identity check performed.

4) Observe The Signing In Real Time

• The signatory should sign while the witness watches live on video. Pre-signed pages are not acceptable for witnessing.
• If using electronic signatures, the witness should be able to see the signatory apply the signature in real time (screen-share or platform notification can help). If using wet ink, the signatory should sign on camera and then send the signed page promptly.

5) Witness And Endorse

• The witness then signs the document (electronically or in wet ink, as permitted). Where required, the witness adds an endorsement (e.g. “This document was witnessed via audiovisual link under on ”).
• If the parties are signing in counterparts, ensure the final version collates all signed parts into one complete pack.

6) Keep Records

• Store the fully signed and witnessed document, plus an attendance note. Some teams also capture a screen recording, but be mindful of privacy and data security if you do this.
• Save copies of any ID documents only if the law requires it and your privacy practices allow it. If you collect personal information, having a compliant Privacy Policy and secure storage practices is essential.

7) Practical Tips

• Use reliable video and an e-signing tool that time-stamps events and provides an audit trail.
• Double-check the names and capacity of signers (e.g. director vs individual) to avoid execution errors.
• If the document is urgent, schedule a short test call first so the actual signing runs smoothly.

Electronic Signatures, Counterparts And Company Execution

Electronic witnessing often goes hand-in-hand with other execution concepts. Here are a few to keep in mind.

Electronic Signatures

Australian law generally allows electronic signatures for most contracts, provided the method identifies the signer and indicates their intention to be bound, and the method is reliable in the circumstances. Certain document types or filings may still require wet ink. For a refresher on when electronic methods are acceptable, revisit the difference between wet ink and electronic signatures.

Counterparts

Signing “in counterparts” means each party signs a separate but identical copy, and together the counterparts make up one executed document. This is common for remote execution and is typically permitted if the document includes a counterparts clause or local law recognises it. Understanding documents signed in counterpart can help you organise remote signings more efficiently.

Company Execution (Corporations Act)

Companies can usually execute documents without a witness if they follow section 127 of the Corporations Act 2001 (Cth), including the option to use electronic means. If a company signs under s 127 properly, a counterparty gets a statutory assumption that the document is validly executed, and a witness is not required.

If your document will be executed by a company, check whether it can be signed under section 127 rather than introducing a witness requirement. This often simplifies the process and reduces the risk of technical defects in execution.

Do You Still Need A Witness?

Not always. Many business contracts don’t require a witness. Deeds signed by an individual often do need witnessing; deeds signed by a company under the Corporations Act typically do not. If the document itself requires a witness (for example, certain declarations or powers), make sure your process aligns with the relevant legislation and any special witness categories.

If you’re unsure whether a witness is needed, a quick check against the who can witness a signature guide and the core witness signature rules can save time later.

Key Takeaways

• Electronic witnessing lets a witness observe signing via real-time video and then attest to the signature, but the rules depend on your state or territory and the document type.
• Before you begin, confirm whether the document actually needs a witness and whether your jurisdiction permits remote witnessing for that type of document.
• For NSW and some other jurisdictions, specific procedures apply (live video, ID check, and an endorsement). Review your local rules or a guide to remote witnessing in NSW if relevant.
• Many company documents can be executed without a witness if signed correctly under section 127 of the Corporations Act, including electronically.
• Use a clear process: verify identity, watch the signing in real time, sign and endorse as witness, and keep accurate records (with privacy and security in mind).
• When in doubt, revisit the basics on signing requirements, electronic signatures, and who can witness, or get tailored legal advice.

If you’d like a consultation on setting up electronic witnessing and execution processes for your business documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.