From 1 July 2021, some of the COVID signing provisions applicable in Queensland during the pandemic will cease.

The Justice Legislation (COVID-19 Emergency Response– Documents and Oaths) Amendment Regulation (No.2) 2021 means that from 1 July any ‘enduring’ documents – wills, enduring powers of attorney, and advance health directives – to be signed by a signatory or substitute signatory need to be made, signed and witnessed under the ordinary law.

One remaining exception is the modified COVID signing provisions that enable nursing practitioners, in addition to doctors, to complete a certificate in an advance health directive stating that the signatory appeared to have the necessary capacity to make it.

This regulation also does not affect the modified arrangements under the Justice Legislation (COVID-19 Emergency Response—Documents and Oaths) Regulation 2020 in relation to the making, signing and witnessing of affidavits, statutory declarations, oaths, deeds, particular mortgages and general powers of attorney under the documents regulation. These measures are currently scheduled to expire on 30 September 2021.

The By Lawyers dedicated Dealing with COVID-19 legal issues commentary will be updated. This guide, accessed via a link at the top of every By Lawyers matter plan, provides practitioners with helpful information about all relevant COVID signing provisions and other important temporary COVID measures.

See the By Lawyers Wills, Powers of Attorney & Advance Health Directives and Mortgages publications for more information. See also the folder of Blank deeds, agreements, statutory declarations and execution clauses in folder A. Getting the matter underway folder on the matter plan in every By Lawyers publication.