An affidavit is a written statement of evidence similar to a statutory declaration but where the witness has sworn or affirmed the statement to be true in the presence of an authorised witness. It may be used as a substitute for oral evidence in court.

The purpose of administering an oath or affirmation is to emphasise the seriousness of the requirement that evidence given will be the truth. Providing false or misleading information is an offence.

An affidavit should be recorded on the appropriate form and include:

your full name, address and occupation
full details of your evidence i.e. submitted littering report and other supporting evidence that has been provided.

An affidavit form is available at www.magistratescourt.tas.gov.au/forms.

Information about persons authorised to witness an affidavit is available in section 2 of the Justices Guide at www.justice.tas.gov.au/justice/justices_of_the_peace.

Information about affidavits are also found in section 1.3 of the Guide

Contact details for Justices of the Peace can also be obtained by telephoning the Legal Aid Commission on 1300 366 311.

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