Federal Court of Australia

Status:	Revoked
Date issued:	30 April 2001
Date revoked:	25 September 2009
Version history:	30 April 2001 21 January 2000

Practice Note 16 issued on 21 January 2000 is revoked and the following Practice Note is substituted.

1. In nearly all circumstances, a person giving evidence in a proceeding before the Federal Court of Australia, whether orally or by affidavit, is required by law to make an affirmation or take an oath. The purpose of this requirement is to compel people to tell the truth.

2. It is a criminal offence for a person deliberately to give false evidence after making an affirmation or taking an oath.

3. Annexed to this practice note is the text of a card setting out the form of oath or affirmation that witnesses will be requested to read, or to have read on their behalf, before giving evidence to the Court. A copy of the card will be handed to each witness upon entering the witness box.

4. The Court expects practitioners to ensure that witnesses are properly informed, in advance of their giving evidence, of the purpose of and procedure for making an affirmation or taking an oath. It also expects practitioners:

• to ensure that court officers are informed before court commences of any witness who would prefer to have the oath or affirmation read on their behalf (eg. because of poor sight or limited literacy); and

• to give the court (via the judge's associate) at least 24 hours' notice of any other special arrangements that may need to be made by the Court to facilitate the taking of an oath or making of an affirmation by a witness. (For example, the Court must be notified if a witness has other requirements to facilitate the taking of an oath in accordance with his or her beliefs.)

M E J BLACK
Chief Justice
30 April 2001

[side 1 of card]

INFORMATION FOR WITNESSES

PLEASE READ THIS INFORMATION BEFORE YOU COME FORWARD TO GIVE YOUR EVIDENCE:

The law* requires that a person giving evidence in the Federal Court of Australia must do either of the following before they give evidence:

1. take an OATH (which is swearing to tell the truth by referring to a god)

OR

2. make an AFFIRMATION (which is a solemn undertaking to tell the truth without referring to a god or a religious belief);

You can choose whether you would like to take an OATH or make an AFFIRMATION. The decision is entirely up to you.

If you choose to take an OATH you may, if you wish, hold or place your hand on or pick up the Bible (or an alternative religious book appropriate to your beliefs can be provided). You will find the Bible on the witness box in front of you. You are not required to touch it.

This process is not a religious ceremony. It is an act of personal commitment and conscience. It is a criminal offence deliberately to give false evidence after making an affirmation or taking an oath.

* The form of oath and affirmation is set out in the Evidence Act 1995 (Cth).

ON THE OTHER SIDE OF THIS CARD IS THE TEXT OF THE OATH AND THE AFFIRMATION. YOU MAY WISH TO PRACTICE THE OATH OR AFFIRMATION TO YOURSELF BEFORE YOU ARE CALLED TO GIVE YOUR EVIDENCE.

[side 2 of card]

READING THE OATH OR AFFIRMATION

When you are called to the witness box, the court officer will let you know when it is time to read aloud the oath or affirmation. Then when you are ready, read the words of either the oath (option 1) or the affirmation (option 2) which are set out below.

Option (1) OATH

Read the following:

“I SWEAR** BY ALMIGHTY GOD*** THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH”

[** or, you may say you "PROMISE"]

[*** if more appropriate, you may say the name of a god recognised by your religion]

Option (2) AFFIRMATION

Read the following:

“I SOLEMNLY AND SINCERELY DECLARE AND AFFIRM THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.”

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