The Electronic Transactions (Queensland) Act 2001 (“the Act”) recognises that electronic signatures have the same effect as handwritten signatures. However, there are a number of requirements which must be satisfied in order for an electronic signature to be valid.
Pursuant to section 14 of the Act, if a document requires an individual’s signature, the requirement is taken to have been met for an electronic communication if:
1. A method is used to identify the person and indicates the persons approval of information;
2. The method used for the electronic communication is reliable and appropriate for the purpose for which the information is communicated; and
3. The person to whom the signature is provided consents to the requirement being met using the e-signature method.
Bear in mind that there are some exemptions where e-signatures cannot be used where under an Act there is:
• A requirement or permission for a person to file a document with a court or tribunal for a proceeding.
• A requirement or permission for a document to be served personally or by post.
• A requirement or permission for a document to be attested, authenticated, verified or witnessed by a person other than the author of the document.
Further, the individual signing the document would need a delegation to sign documents on behalf of council.
If you have any further queries regarding when an e-signature is acceptable for use, please contact the Governance Department.