Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 15.27

Affidavit of illiterate or vision impaired person etc

             (1)  If the person making an affidavit is unable to read, or is physically incapable of signing it, the person before whom the affidavit is made must certify in or below the jurat that:

                     (a)  the affidavit was read to the person making it; and

                     (b)  the person seemed to understand the affidavit; and

                     (c)  in the case of a person physically incapable of signing, the person indicated that the contents were true.

          (1A)  Subrule (1) does not apply if the person making the affidavit has read the affidavit using:

                     (a)  a computer with a screen reader, text-to-speech software or a braille display; or

                     (b)  other technology for the vision impaired.

             (2)  If the person making an affidavit does not have an adequate command of English:

                     (a)  a translation of the affidavit and oath or affirmation must be read or given in writing to the person in a language that the person understands; and

                     (b)  the translator must certify in or below the jurat that he or she has done so.

             (3)  If an affidavit is made by a person who is incapable of reading it or incapable of signing it and a certificate under subrule (1) or (2) does not appear on the affidavit, it may not be used in a proceeding unless the Court or a Registrar is satisfied that:

                     (a)  the affidavit was read, or if appropriate a translation read or given in writing, to the person; and

                     (b)  the person seemed to understand the affidavit; and

                     (c)  in the case of a person physically incapable of signing--the person indicated that the contents were true.



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