How It Works › Legality › eSignature Legality Guide › Australia
The DocuSign eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country's local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.
eSignature Legality in Australia
Electronic Signature has been recognized by law in Australia since 1999, with the passage of the Electronic Transactions Act. Australia has a history of being an open, business-friendly, eSignature technology-neutral environment.
Select a country Argentina Australia Austria Belgium Brazil Brunei (Negara Brunei Darussalam) Cameroon Canada Chile China Colombia Czech Republic Denmark Ecuador Egypt England, Wales and Northern Ireland Estonia Finland France Germany Greece Guatemala Hong Kong Hungary Iceland India Indonesia Ireland Israel Italy Japan Kazakhstan Latvia Lithuania Luxembourg Macau Malaysia Mexico New Zealand Nigeria Norway Peru Philippines Poland Portugal Romania Russia Saudi Arabia Scotland Singapore South Africa South Korea Spain Sri Lanka Sweden Switzerland Taiwan Thailand The Netherlands The United Arab Emirates The United States Turkey Ukraine Uruguay Vietnam
Court-Admissible Show more
General business use Show more
E-Signature Legal Model Show more
Court-Admissible
A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.
General business use
While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.
E-Signature Legal Model
'Tiered' countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. 'Open' countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at www.docusign.com.
What's Australia's Legal System?
Classification of Law
Common law systems originated in the Middle Ages in England, and while dependent on a system of written laws, place greater emphasis on legal precedent and court decisions to interpret how a law should be enforced. Common law countries place greater importance on evidence and the history of similar situations, based on the principle that facts and interpretation should be treated consistently over time. Common Law countries cover more than 30% of the world, including most of North America, the U.K., parts of Africa, Southeast Asia and most Commonwealth countries.
eSignature Legality Summary
Under Australian law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document. The Electronic Transactions Acts in the Commonwealth, States and Territories of Australia specifically confirm that provided certain requirements are met, and a relevant exception does not apply, contracts cannot be denied enforceability merely because they are concluded electronically. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Australian laws to support the existence, authenticity and valid acceptance of a contract.
Use Cases for Standard Electronic Signatures (SES)
Use cases where an SES is typically appropriate include:
HR documents, such as employment contracts and other new employee onboarding processes
certain commercial agreements, including NDAs, procurement documents, sales agreements
certain consumer agreements, including terms and conditions of sale
certain real estate documents, including lease agreements, purchase and sales contracts; other related documentation for residential and commercial real estate
non-exclusive license of intellectual property
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
statutory declarations requiring a witness (excluded from ETA)
powers of attorney in certain States/Territories (Powers of Attorney Act 2014 (Vic) s 33)
wills, codicils and other testamentary instruments (excluded from ETA and notarization required by Succession Act 2006 (NSW))
bills of exchange
the signature, lodgement, service and filing of documents in connection with legal proceedings in certain States/Territories
certain documents under legislation relating to health insurance, life insurance and general insurance
certain documents, notices, and consents used in connection with the provision of credit related services under the National Consumer Credit Protection Act 2009 (Cth)
transfers of intangible property, such as intellectual property
official Commonwealth documents such as passports
Local Technology Standards
As part of its open, technology-neutral approach to electronic signature, there are no federal laws requiring the use of specific technology for a legally enforceable electronic signature, either for digital certificates or otherwise.
DISCLAIMER: The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing electronic signature may change quickly, so DocuSign cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a licensed attorney in your area.
Common law: Electronic Transactions Act (1999)
Electronic Contracts and Electronic Signatures Under Australian Law
Talk to our Sales Team about all of your business needs.
Submit feedback or corrections for this information
Certify documents with electronic signature
eSignature Legality in England, Wales and Northern Ireland
eSignature Legality in The United States