assisting people with disabilities
This file last saved 11 August, 2019 12:57
vision impaired
- Explain to the deponent that though the contents of the document will remain confidential, it is necessary to read the document out aloud to be sure that you have the correct one and that they have an understanding of it.
- Read the entire document to them, allowing time for them to ask questions if they need to clarify anything.
- If the person wishes to make any alterations to the document, follow these steps:
- Assist them to make the requested alterations. Both you and the person should initial all alterations in the margin or near to the alteration. However you must not proceed witnessing the document. The document must then be witnessed by another JP.
- Alternatively, refer them to another person for assistance to make the changes prior to you witnessing it.
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Complete the certification on the statement, using the following or similar words:
I have read the contents of this document to the signatory, and
they appeared to me to understand the contents, nature and effect
of the document, and they placed their signature or mark upon the
document in my presence. -
The person should then sign or place their mark upon the document, and
you should make the necessary annotations around the marks as follows:
His
John XXXX Smith
Mark - You should then witness the signature or mark in the usual manner.
- In your log book, record the following additional information:
- if the document was read aloud to the person;
- if any alterations were made to the document;
- if there was an annotation made on the document (ie, processing the signature); and
- any other action(s) taken.
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If a person is hearing impaired, check if they need the services of a
signer
to interpret between the signatory and yourself, or whether they lip read. -
The signer should make the oath or affirmation that they will interpret correctly.
The wording is as follows:
I swear by Almighty God that I shall, to the best of my skill and ability,
truly and faithfully communicate, by signs or other convenient means,
words spoken in the english language, and translate, into the English
language statements made by signs. So help me God.or
I solemnly, sincerely and truly declare and affirm that I shall, to the
best of my skill and ability, trully and faithfully communicate, by signs
or other convenient means, words spoken in the English language, and
translate, into the English language, statements made by signs. - If there is no signer it may be possible to communicate with the signatory in writing. You may put questions and receive answers in this way, and once you have fulfilled your obligations you should destroy these written messages in front of the signatory.
- First check if they can hear and understand you. If so, ask them how they wish to communicate, by writing or by sign.
- It is possible that they may present with a signer, in which case have the signer make oath or affirmation as above.
- If they wish to communicate in writing, apply the provisions above for hearing impairment.
- If the deponent is unable to read or write, apply the provisions outlined above for vision impairment.
- There are many forms of motor and physical impairment. Ensure that the deponent is comfortable, has a writing surface where they can comfortable sign a document and are generally best placed for the nature of the engagement.
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If the deponent is unable to hold the pen, you may place a mark on the
document as long as they touch the end of the pen while it rests on the
document, in acknowledgement of that mark. You should then make a
certification on the document, using this wording:
This is to certify that [deponent's name] is unable to make a mark or
signature, and s/he agrees with the contents of this document and has
symbolically touched the pen which I have used to make a mark on his/her
behalf. - Then compete the document in the usual manner.
- Extreme caution should be taken when witnessing a document for someone who has an intellectual disability. In most cases the deponent should have a guardian or attorney who is entitled to make decisions on their behalf.
- If they do not appear to have a guardian, it is recommended that you refer the matter to the Adult Guardian, or the Guardianship and Administration Tribunal.
- Under no circumstances should you witness a document if you are of the opinion that the deponent is not capable of understanding the documents. If you are in doubt, you should obtain an expert opinion before witnessing the document.
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The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 2.7