Powers of Attorney Act 1998

An eligible witness, for a document, is a person who—

except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and

is not the person signing the document for the principal; and

is not an attorney of the principal; and

is not a relation of the principal or a relation of an attorney of the principal; and

if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and

for an advance health directive—is not a beneficiary under the principal’s will.

To avoid any doubt, it is declared that a person is not excluded from being an eligible witness merely because the person is an attorney’s employee who is the witness for the document while acting in the ordinary course of employment.

In this section—

a person who is an attorney of the principal whether under the document or otherwise; or

if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.