Ruqayyah Snyder
A statutory declaration, also known as a 'stat dec', is a legal document that sets out facts or beliefs that the declarant declares to be true and accurate. In Australia, a statutory declaration must be made in the presence of an authorised witness, who may include a person currently licensed or registered to practice in Australia, an Australian Public Service employee, an Australian Consular Officer, or an Australian Diplomatic Officer, among others. The declarant must sign the statutory declaration and declare that its contents are true and correct. This can be done in person or remotely via video link, and the witness must see the declarant sign.
| Characteristics | Values |
|---|---|
| Definition | A statutory declaration is a written statement that a person (the declarant) signs and declares to be true and correct in the presence of an authorised witness. |
| Declaration | The declarant must repeat the following: "I solemnly and sincerely declare that the contents of this declaration are true and correct and that this declaration is signed with my true name and signature." |
| Acknowledgment | The declarant must acknowledge in writing that the declaration is true and correct and that a false declaration is liable to the penalties of perjury. |
| Witness | The declaration must be witnessed by an authorised person, such as a licensed or registered practitioner, an Australian Public Service employee, or a consular officer. |
| Witnessing Options | The witnessing can be done in-person or remotely through a video link program. Both the declarant and the witness must sign the declaration together at the same time, regardless of their location. |
| Form | A valid declaration must use an approved form, which can be accessed online or filled out as a PDF or Word document. |
| Digital Option | A digital statutory declaration can be created using myGov and a Digital ID, without the need for an approved witness. |
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What You'll Learn
Who can make a statutory declaration
Anyone who is 18 years or older and of sound mind can make a statutory declaration in Australia. This includes Australian citizens, permanent residents, and temporary residents.
If the declarant is under 18 years of age, they may still be able to make a statutory declaration if they are sufficiently mature and understand the consequences of making a false statement. In this case, a parent or guardian should accompany the minor and provide consent.
For individuals with a disability or impairment that affects their ability to understand the statutory declaration process, an interpreter or other support person may be present during the declaration. The support person cannot be a witness to the statutory declaration and cannot sign on behalf of the declarant.
Additionally, certain authorised witnesses can refuse to witness a statutory declaration if they believe that the declarant does not understand the consequences of making a false statement or is not making the statement voluntarily.
It's important to note that the content of the statutory declaration is the personal knowledge and responsibility of the declarant. They must be able to verify the information in their declaration and understand the legal implications, including any penalties for providing false or misleading information.
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What to include in the declaration
A statutory declaration is a written statement that a person (the declarant) signs and declares to be true and correct in the presence of an authorised witness. It must be made using an approved form, which can be filled out online or downloaded as a blank PDF or Word document.
The declarant must include their details and the matter to be declared. Before signing, the declarant should read the declaration aloud or have it read to them, and confirm that they understand the contents of the declaration. The declarant must also acknowledge that the declaration is true and correct and that they understand that a person making a false declaration is liable to the penalties of perjury.
The declarant must then sign the declaration with their true name and signature in the presence of an authorised witness. The witness must be one of the many people authorised to do so, such as an Australian Consular Officer, a Justice of the Peace, or a legal practitioner, among others. The witness does not need to be in the same place as the declarant, but they must connect via video and audio so that they can see the declarant sign the declaration. Both parties must sign the declaration together at the same time.
Alternatively, you can create a digital Commonwealth statutory declaration using myGov and your Digital ID, without the need for an approved witness.
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Signing the declaration
Understanding the Signing Process
The person making the statutory declaration, known as the declarant, is required to sign the document themselves. This signature serves as a confirmation that the contents of the declaration are true and correct. It is common for the declarant to verbally affirm this by saying, "I solemnly and sincerely declare that the contents of this declaration are true and correct, and that this declaration is signed with my true name and signature."
Signature Options
Both the declarant and the authorised witness have the option to use either an electronic signature or a traditional 'wet ink' signature. An electronic signature can be applied to Microsoft Word or PDF versions of the form, utilising various methods to insert the signature digitally. Alternatively, the traditional 'wet ink' signature uses a pen to physically sign the document.
Witnessing the Signature
For the statutory declaration to be valid, it must be witnessed by an authorised individual. This witness can be present either in person or remotely through a video link program. Regardless of the method, both the declarant and the witness must sign the document together simultaneously. If meeting in person, they must be in the same physical location. For remote witnessing, video conferencing platforms such as Skype, Microsoft Teams, or Zoom can be used, allowing the witness to observe the declarant signing.
Authorised Witnesses
It is important to ensure that the witness is authorised to do so. The list of authorised witnesses includes various professionals licensed or registered to practice in Australia, such as legal practitioners, police officers, registered chiropractors, and Australian Public Service employees with specific requirements. Consular staff can also witness statutory declarations, but only for use within Australia and not overseas.
Completing the Form
Before signing, it is essential to fill out the statutory declaration form correctly. This includes completing sections 1, 2, and 4, which encompass the details of the declarant and the matter being declared. Do not sign the form, add the date, or include witness details until you are with your witness, whether in person or remotely.
In summary, signing the declaration is a critical step in the process of making a statutory declaration in Australia. It involves the declarant affirming the truth and correctness of the contents, choosing the preferred signature method, and ensuring the presence of an authorised witness during the signing process.
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Finding an authorised witness
To make a statutory declaration in Australia, you need to find an authorised witness. An authorised witness is someone who is authorised by legislation to witness statutory declarations. The Oaths Act 1936 and Oaths Regulations 2021 set out who is authorised to witness statutory declarations and affidavits. Since COVID-19, the categories of people authorised to witness statutory declarations have been significantly expanded.
- A person currently licensed or registered to practise in Australia in specific occupations, including a legal practitioner enrolled on the roll of the High Court of Australia.
- A permanent employee of the Australian Postal Corporation with five or more years of continuous service, who is employed in an office providing postal services to the public.
- A registered health practitioner (registered in the relevant health profession under the Health Practitioner Regulation National Law – see AHPRA’s website for a list of these professions).
- A finance company officer with five or more years of continuous service.
- A notary public, including a notary public exercising functions outside the Commonwealth or its external territories.
- A Justice of the Peace (JP).
- A registered professional engineer of Professionals Australia.
- A permanent employee of a local government authority with five or more years of continuous service.
You may need to book an appointment with your chosen authorised witness. Remember to prove your identity to the witness if you have known them for less than 12 months. After that, you can sign the document in their presence.
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Remote witnessing options
In Australia, if you are unable to meet with a witness in person to sign your statutory declaration, you have the option of witnessing it remotely through specific video conferencing platforms. Here are the remote witnessing options:
Video Link Method:
This method involves using a video conferencing platform that satisfies the requirements of the Statutory Declarations Regulations 2018. The platform must ensure that participants' identities can be verified and that the audio-visual link is secure and reliable. Examples of acceptable platforms include Skype, Zoom, and Microsoft Teams.
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