Signing Site Resources - blank forms

posted Aug 8, 2015, 6:54 PM by Michael Rees   [ updated Aug 8, 2015, 7:07 PM ]
In his post Michael R originally raised the apparent ruling from JP Branch that handing out the blank forms typically held at signing sites to clients could be construed as providing legal advice and hence explicitly disallowed in our JP role. Michael W reported that he subsequently received clarification from Rae Plush at JP Branch about this. In essence it is acceptable to hand out blank statutory declarations and affidavits only. The relevant text is:

Feedback from signing sites has prompted clarification about providing documents on request to clients. To clarify, in providing documents to clients we need to ensure that our action of assistance such as providing forms, is not perceived as legal advice. Statutory declaration and affidavit forms can meet a range of needs for clients and can be accessed from www.courts.qld.gov.au. These forms can be provided to a client if they request a specific form as they are a stand-alone form which does not provide specific instructions that explains what needs to be completed. If your site maintains a supply of statutory declarations and affidavits then please continue to provide these.
 
Other forms, such as divorce application and EPA's, sit within other pieces of legislation and relate to a specific matters that maybe lodged or filed with a court. These forms are issued by other departments, which include specific instructions relating to the completion of the form, and as such are updated when there are changes to legislation, rules or practice directions. It is important that we refer clients to the appropriate receiving agency to obtain the most current form if they ask for it, thus avoiding providing forms that may be out of date or superseded and hindering the best outcome for the client.

So it seems we should limit our provision of blank forms to the standalone documents of statutory declarations and affidavits.