During the COVID-19 pandemic, temporary measures were put in place allowing documents to be signed electronically to minimise face-to-face contact. Since then, those measures have become permanent for Queenslanders, providing flexibility and convenience by allowing more documents to be legally signed using personal devices and platforms such as DocuSign. However, not every document qualifies for electronic signing, and there are still some important exceptions and guidelines to be aware of.
Documents that can be generally be signed electronically
In Queensland, most contracts and agreements can now be signed electronically, whether you are signing as an individual, a company director, or on behalf of a business. Common examples include:
- Residential property contracts, such as those prepared by the Real Estate Institute of Queensland (REIQ)
- Commercial and private lease agreements (if not lodged on paper)
- Loan agreements and financial documents
- General business contracts and terms of trade
Deeds can also be signed electronically, provided they contain specific clauses permitting electronic execution and a clear statement confirming that the document is executed as a deed.
Documents that cannot be signed electronically
Queensland titles document that are to be lodged by paper must still be signed by ink. Examples of documents that are either required to be submitted or are more commonly submitted by paper, includes Mortgages and Leases.
Documents that require witnessing by a ‘special witnesses’ such as a Justice of the Peace or a Lawyer will generally need to be signed by paper. The same generally goes for verification of identity, especially for property transactions, where original identity documents will need to be sighted by a lawyer or at the Australia Post Office.
Regardless of whether the document can be signed electronically or not, it may be a good idea to seek legal advice on the impact and the risks of the document that you are about to sign.
