Lyla Lindsey
A statutory declaration, commonly referred to as a 'stat dec', is a legal document that sets out facts that the declarant states to be true and accurate. Stat decs can be used for a variety of purposes and can be requested by a person, organisation, or government agency. In Australia, there are specific rules and requirements for writing a stat dec, which vary across states, territories, and the Commonwealth. It is important to ensure that the information in a stat dec is accurate, as making a false statement is a serious offence that can result in legal consequences.
| Characteristics | Values |
|---|---|
| Format | A prescribed form with specific wording. Can be downloaded as a blank PDF or Word document. |
| Content | A written statement of facts that the declarant agrees to be true and correct. Only include relevant information and avoid jargon unless necessary. |
| Attachments | Any attachments must be referred to in the body of the declaration and labelled accordingly. |
| Witness | Must be witnessed by an authorised person, either in person or remotely via video link. |
| Identification | The declarant must provide photo identification, such as a driver's license or passport. |
| Signing | The declarant must sign the document in front of the witness. If the declaration is made online, the witness must be able to see the declarant signing. |
| Verification | The witness must also sign the declaration and provide their identifying details. |
| Consequences | Making a false statement is a crime and can result in charges of perjury or other offences, with potential fines or jail time. |
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What You'll Learn
Write in plain English, only including relevant information
When writing a stat dec, it's important to use plain English and only include the relevant information. Avoid jargon or legalese unless specific terminology is required to accurately convey the information you are declaring. Be concise and direct, presenting the facts clearly and truthfully.
Start by downloading the Commonwealth statutory declaration form or using a blank PDF or Word document. Complete all the information identifying yourself, following the instructions provided. Insert only the facts that you know are accurate and true. If you are unsure about specific details, leave them out until you can confirm their accuracy. Structure your stat dec clearly by putting each fact into separate numbered paragraphs in date order.
If your stat dec has multiple pages, remember to number each page. You can include attachments, but be sure to refer to them in the body of your declaration. For example, "A copy of the invoice is annexed and marked 'A'.". Correspondingly, mark your attachments with letters ("A", "B", etc.) and identify the annexure, including your name and the date: "This is annexure 'A' to the statutory declaration made by [your name] on [date].".
Finally, only an authorised person can witness and sign your statutory declaration. They must also complete their identifying details. Each state or territory has different rules for who can witness the document, so check the information contained in your Statutory Declaration form or with the person or organisation that requested it.
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Number pages and refer to any attachments in the body of the text
When writing a stat dec in Australia, it's important to number each page if your statutory declaration is longer than one page. You can include attachments, but you must refer to them in the body of your text. For example, you can refer to an attachment as "Annexure A" in the body of your stat dec and then label the attachment as "Annexure A" as well.
> "A copy of the invoice is annexed and marked 'A'."
> "This is annexure 'A' to the statutory declaration made by [name] on [date]."
If your stat dec refers to a separate document, you must sign a certificate attached to the document, identifying it as an exhibit to the statutory declaration.
Remember, a stat dec is a legal document, and you are obliged to ensure that the information you provide is true and correct. Making a false statement is a serious offence and can result in legal consequences.
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Ensure your witness is authorised and have them sign the declaration
Once you have completed your statutory declaration, you must have it witnessed and signed. This can be done in person or remotely via video link.
If you are meeting your witness in person, you must take photo identification, such as a driver's licence or passport, to confirm that you are the person named in the statutory declaration form. You must then sign the declaration in front of the witness and say, "I solemnly and sincerely declare". The witness will prompt you to do so.
If you are meeting your witness online, you must send them the declaration and any attachments beforehand. The witness will then sign the document and include a statement saying that the declaration has been taken remotely. They will then send the statutory declaration back to you.
It is important to note that authorised witnesses do not have to accept your request to witness a statutory declaration. Confirm beforehand that they are available and willing to witness your declaration. You can find a full list of authorised witnesses on the Attorney-General's Department website.
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Complete the form online, or download and print it out
Completing the form online is a convenient and easy way to provide your statutory declaration. You can access the form on the official government website or through a trusted online platform. Ensure you have all the necessary information before starting, including your personal details and the reason for your declaration. The online form will guide you through the process step by step, requesting the required information. You may need to create an account or log in to a secure portal to access the form, so follow the on-screen instructions carefully.
When completing the online form, you will typically fill in your details, including your full name, address, and contact information. You may also need to provide information about your declaration, such as the nature of your statement and any supporting evidence. Remember to review your information before submitting to ensure accuracy and completeness. Once submitted, you may receive a confirmation or a reference number, which you should keep for your records.
If you prefer a more traditional approach or need a hard copy, you can download the statutory declaration form from the same website or portal. Look for a PDF version or a downloadable option on the page. Ensure you have the necessary software to open and edit PDF files, such as Adobe Acrobat Reader, which is commonly used and freely available. Download and save the form to your device, then open it with the appropriate software.
When completing the downloadable form, follow a similar process as the online form, providing your personal details and statement information. You may need to fill in the fields manually or use the editing tools provided by the PDF software. Ensure your handwriting is legible if filling it out by hand. Again, review your information for accuracy and completeness before moving forward. Once finished, you have the option to print and sign the form physically or use a digital signature, depending on the requirements and your preference.
Whether you choose to complete the form online or download and print it, ensure you follow any specific instructions provided by the issuing authority. Some common instructions may include using black or blue ink, providing true and correct information, and signing the declaration in the presence of an authorized witness. It is essential to read through the guidelines carefully to ensure your statutory declaration is valid and meets the necessary legal requirements. Remember that a statutory declaration is a serious and formal matter, and providing false or misleading information can have legal consequences.
Both methods of completing the form offer convenience and accuracy in providing your statutory declaration. Choosing to submit it online provides a faster and more efficient approach, especially if you require immediate submission. Meanwhile, downloading and printing the form may be preferable if you wish to review it offline or keep a physical copy for your records. Regardless of your choice, always ensure the information provided is truthful, and follow the instructions carefully for a valid and acceptable statutory declaration.
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Provide photo identification to confirm your identity
To write a statutory declaration, or 'stat dec', in Australia, you must provide photo identification to confirm your identity. This is required to prove that you are the person named on the statutory declaration form, i.e. the 'declarant'.
There are several types of documents that can be used for this purpose. One option is to provide a government-issued photo ID, such as a driver's licence or passport. If you are meeting with your authorised witness in person, you can present your physical driver's licence or passport as proof of identity. Alternatively, if you are meeting online, you will need to display your photo ID clearly to your witness via video link.
Other forms of photo identification that may be accepted include a government-issued Seniors card, a student photo ID card, or a workplace identity card. In some cases, a selfie photo may also be required, in addition to your photo ID, to confirm that the photo on your identification document is, in fact, you. This selfie photo must be taken during the session and must be a clear, close-up shot of your face, directly facing the camera, without anything blocking your face.
It is important to note that the specific requirements for photo identification may vary depending on the context and the organisation requesting the statutory declaration. For example, if you are providing a stat dec for a Transport for NSW product or service, such as a driver licence, there may be specific photo ID requirements for that purpose. Therefore, it is always advisable to check with the relevant organisation or authority to confirm the exact photo identification requirements.
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Frequently asked questions
A stat dec, or statutory declaration, is a legal document in which facts are stated and signed as true and correct. It can be used as evidence and can be requested by a person, organisation or government agency.
You can download a blank PDF or Word document to fill in, or download a pre-populated PDF to sign in front of a witness. You can also create a digital stat dec using myGov and your Digital ID. Stat decs should be written in plain English, with only relevant information included. If there is more than one page, each page should be numbered.
You will need to say "I solemnly and sincerely declare" in front of your witness. They will then prompt you with any further questions. If you are meeting online, your witness will need to see you sign your documents.
Any attachments included with your stat dec must be clearly referenced in the body of the document. For example, "A copy of the invoice is annexed and marked 'A'". Any annexures should be clearly labelled, for example, "This is annexure 'A' to the statutory declaration made by [name] on [date]".
