WIIT: Legal Compliance in Online Document Signing

Introduction

WiiT (Witnessing In Technology) is an innovative platform designed for the seamless and legally compliant electronic signing and witnessing of important legal documents. Built to comply with the Electronic Transactions (Victoria) Act 2000 and the Oaths and Affirmations Act 2018, WiiT provides a robust solution for affidavits, statutory declarations, contracts, deeds, powers of attorney, and other agreements that are fully recognised for electronic witnessing under current Australian law.

The platform combines state-of-the-art video conferencing, simultaneous document review, and secure electronic signing to replicate the in-office experience, ensuring compliance with all legal and audit requirements. While WiiT also supports the execution of wills under Victoria's remote execution procedure (REP) of the Wills Act 1997 (Vic), the legal framework for electronic will witnessing continues to evolve through the courts.

Legal Status by Document Type

1. Compliant Electronic Signatures

WiiT ensures that electronic signatures meet the requirements of relevant legislation, including the Electronic Transactions (Victoria) Act 2000 and the Oaths and Affirmations Act 2018. These acts enable electronic signatures for a wide range of documents including affidavits, contracts, deeds, and powers of attorney. Participants can draw or type their signature in a secure dialogue box and place it appropriately on the document, while all other participants can see the signature being made in real time. Once a signature is finalised, it becomes locked, ensuring the document's integrity.

2. Real-Time Witnessing

Live Video Conferencing: WiiT enables real-time video conferencing, ensuring participants can see and hear each other clearly, which is essential for legal witnessing requirements across all document types. This meets the audiovisual link requirements specified in the Oaths and Affirmations Act 2018 for affidavits and the Electronic Transactions Act for other documents.

Document Review and Cursor Tracking: All participants view the same document simultaneously, with each individual's cursor movements visible on screen. This transparency ensures confidence in the signing process and meets the requirement for witnesses and signers to observe each other's actions.

3. Ensuring Participant Identification

Identity Verification: Before document signing, WiiT requires participants to provide their name, which is linked to their video feed and cursor. Facilitators are recommended to ask participants to verbally and visually confirm their identity at the start of the session.

Recording Consent: Participants must consent to the recording of the signing session as a condition of participation. This recording serves as vital evidence of compliance with REP, the Electronic Transactions Act, and other applicable legal requirements.

4. Detailed Audit Trail

Automatic Recording: WiiT captures an audio-visual recording of the signing session, including cursor movements, participant actions, and signature placements, creating a comprehensive audit trail.

Metadata Capture: WiiT records essential metadata like IP addresses and timestamps to ensure the signing process's integrity and traceability.

5. Adherence to Legal Formalities

General Electronic Witnessing Requirements: WiiT ensures compliance with the core requirements for electronic witnessing across all document types:

• Clear identification of all parties
• Real-time observation of signature placement
• Audiovisual confirmation of consent and understanding
• Comprehensive audit trail and recording

Document-Specific Compliance:

• Affidavits & Statutory Declarations: Full compliance with the Oaths and Affirmations Act 2018, including audiovisual link requirements and authorised witness provisions
• Contracts & Deeds: Meets all requirements under the Electronic Transactions (Victoria) Act 2000 for valid electronic signatures and witnessing
• Powers of Attorney: Complies with the Powers of Attorney Act 2014 requirements for remote witnessing
• Wills: Facilitates compliance with REP requirements under the Wills Act 1997, though legal precedent is still evolving

Special Witness Role: The meeting owner, acting as a special witness where required, maintains control over the meeting to ensure procedural requirements are met, including verifying signatures and adding necessary statements to documents.

6. Enhanced Security and Convenience

Secure Document Handling: WiiT allows the host to control document visibility and ensure that no unauthorised changes are made. Each signature action triggers an automatic save, maintaining document integrity.

Accessible from Anywhere: Participants can join signing sessions from any device without needing additional software, making the process convenient and efficient.

7. Legal Precedents and Established Practice

Electronic witnessing and signing have become well-established practices in Australian law:

• Affidavits & Statutory Declarations: Widely accepted and used across Victorian courts and government departments under the Oaths and Affirmations Act 2018
• Commercial Documents: Electronic signatures for contracts, deeds, and leases are routinely accepted under the Electronic Transactions Act 2000
• Powers of Attorney: Remote witnessing provisions are clearly established under the Powers of Attorney Act 2014

For wills specifically, WiiT's framework aligns with the REP requirements of the Wills Act 1997 and recent cases like Re Curtis [2022] VSC 621. However, the full compliance of electronic will witnessing continues to be tested and clarified by the courts.

Recommended Host Practices for Compliance

Pre-Meeting Setup (All Documents):

• Verify the identity of each participant
• Outline the purpose of the meeting
• Ensure all participants verbally confirm their identity and verify their display names
• Confirm visibility and audio are working properly
• Obtain consent for recording and verify each participant's location

Document-Specific Preparation:

For Affidavits & Statutory Declarations:

• Ensure the authorised witness meets the requirements under the Oaths and Affirmations Act 2018
• Include a jurat stating the affidavit was made via audiovisual link
• Verify the deponent understands the nature of an oath or affirmation

For Contracts & Commercial Agreements:

• Include clauses confirming electronic execution under the Electronic Transactions (Victoria) Act 2000
• Ensure all parties understand and consent to electronic signing
• Verify witnessing requirements specific to the contract type (if any)

For Powers of Attorney:

• Comply with witnessing requirements under the Powers of Attorney Act 2014
• Include certification of remote witnessing compliance
• Ensure the principal has capacity and understands the document

For Wills:

• Include statements indicating compliance with REP under the Wills Act 1997
• Ensure special witness requirements are met
• Document any specific REP compliance measures taken

During the Signing Process (All Documents):

• Ensure participants closely observe each signature
• Verbally confirm that all participants clearly saw each signature being made
• Instruct participants to immediately report any disconnect in the video, audio, or cursor movements

Conclusion

WiiT offers a robust, legally compliant solution for electronic signing and witnessing of documents in Victoria, Australia. The platform is immediately ready for use with:

• Affidavits and statutory declarations - fully compliant under the Oaths and Affirmations Act 2018
• Contracts and commercial agreements - valid under the Electronic Transactions (Victoria) Act 2000
• Deeds and leases - recognised for electronic execution
• Powers of attorney - compliant with remote witnessing provisions

By incorporating real-time video, compliant electronic signatures, thorough identity verification, and comprehensive audit trails, WiiT ensures that the document signing process is legally compliant, secure, and efficient. The platform also supports the execution of wills under the REP framework, positioning organisations to take advantage of this capability as the legal precedents continue to develop.