Amendments to the Oaths Act 1867 (Qld) commenced on 30 April 2022 as a result of the Justice and Other Legislation Amendment Act 2021. The amendments require mandatory changes to any documents or forms that include a statutory declaration.
In order to comply with legislation, MAIC has updated the following PDF forms, as well as the online claim form, which include a statutory declaration and which are to be used from 30 April 2022 – there may be an adjustment period as claimants and legal practitioners transition to the new forms and this may raise issues of non-compliance. Should this occur, we encourage both insurers and legal practitioners to adopt a pragmatic approach to remedying non-compliance. As always, compliance decisions should be made on a case-by-case basis with consideration to all the details related to the claim:
The main changes to the forms are as follows:
- The wording in the declaration section at the end of each form has been updated to reflect the new required wording: ‘I have read and understood the contents of this form, including attachments. By virtue of the provisions of the Oaths Act 1867, I declare that the contents of this form, including attachments are true. Where the contents of this form, including attachments, are based on information and belief, the contents are true to the best of my knowledge. I understand that a person who provides a false matter in a declaration commits an offence.’
- The declaration at the bottom of each page of the forms has been redesigned to a checkbox with updated wording ‘If you provide false or misleading information in relation to your claim, you may be prosecuted. I declare that the contents of this form, including attachments, are true. Where the contents of this form, including attachments, are based on information and belief, the contents are true to the best of my knowledge.’
- Substitute signatory
- The signature blocks in the NOAC (Non-Fatal) and Additional Information Form have been redesigned to accommodate the ability to sign as ‘Injured person’ ‘agent of injured person’ or ‘substitute signatory’, with accompanying guidance throughout the forms.
- The signature block in the NOAC (Fatal) has been redesigned to accommodate the ability to sign as ‘claimant’ or ‘substitute signatory’, with accompanying guidance throughout the form.
- The signature blocks in the Claimant Certificate and Law Practice Certificate have been redesigned to accommodate signing as a substitute signatory, with accompanying guidance throughout the forms.
- Version numbers
- The version numbers located in the footers of the forms have been updated (with the exception of the Medical Certificate which has not been altered from Version 1 Dec 2019)
- Version numbers
- The value of penalty units in the NOACs and Additional Information Form have been updated to $20,677.50 (as at 1 July 2021).
Please note that if using the eNOAC, the checkbox declaration will appear at the end of each section of the claim form. When the form is printed, the checkbox declaration may not appear on every page like the PDF version.
NOTE: The updated PDF forms do NOT accommodate electronic signing and witnessing, as yet. MAIC is in the process of creating a separate version of the forms to be used in these scenarios. MAIC will update the industry once the forms are available for use. In the meantime, should there be a need to have electronic signing or witnessing done, these will have to be considered on a case by case basis and will need to be discussed with the relevant insurer.
We appreciate your patience and understanding as these changes are implemented. If you would like to discuss further, please do not hesitate to contact us.