VIC Will form 888 come back and haunt me in the future?

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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
So when you said
All I need to do is be a witness
that isn't actually what you're doing.

If he's asking you to "fill in the form",
then even if he's using different words,
your brother is asking you to be the declarant.
If you choose to do this, then what you put on the form
needs to be true and correct according to you.
It's an offence (yes, crime) to do otherwise.

Frankly, if you don't know the difference between being a witness and being a declarant,
then signing things may not be the best choice.

Further, the witness will need to see you sign it.
No eligible witness, acting ethically, will witness something brought to them,
already signed, by a third person.
 

Atticus

Well-Known Member
6 February 2019
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I personally am not one of the prescribed persons. But my brother said that my job is simply to fill in the form, not be a witness. After that, he will get someone in the "prescribed persons" to be a witness.
If you haven't already seen the form, this is it >>>> https://immi.homeaffairs.gov.au/form-listing/forms/888.pdf

Your brother is asking that YOU sign a statutory declaration as a supporting witness. In order that you truthfully complete it, YOU are required to KNOW the applicant, his partner, & their history... (Know is different than just believing what your brother tells you).... YOU must be able to confirm the existence of & that the relationship is genuine .... If you don't know her, their history & can't confirm that, then you shouldn't be signing it.

Also, you can't sign it, send it to your brother who then gets it witnessed, Your signature must be witnessed by a prescribed person & your identity verified