Lyla Lindsey
A statutory declaration is a legal document that sets out facts that the declarant states to be true and accurate. It can be used as evidence and can be requested by a person, organisation, or government agency. The requirements for statutory declarations vary across different states and territories in Australia. This article will provide an overview of how to write a statutory declaration in Western Australia, including the specific requirements and any relevant legislation. It will also cover the process of making a statutory declaration, such as whether it needs to be witnessed and the potential consequences of making a false declaration.
| Characteristics | Values |
|---|---|
| Purpose | To set out facts that you declare to be true and accurate. Can be used as evidence and requested by a person, organisation or government agency. |
| Format | Can be made with a witness either in-person or remotely via video link. Some commonwealth statutory declarations can be made digitally without a witness but require a Digital Identity to verify your identity. |
| Offence | It is an offence to make a declaration knowing that it is false. |
| Law | Made under the Oaths, Affidavits and Statutory Declarations Act 2005. |
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What You'll Learn
Statutory declaration requirements in Western Australia
A statutory declaration, often referred to as a 'stat dec', is a legal document that sets out facts that you declare to be true and accurate. It can be used as evidence and can be requested by a person, organisation, or government agency.
In Western Australia, the Oaths, Affidavits and Statutory Declarations Act 2005 governs statutory declarations. While I cannot provide information about the specific contents of a statutory declaration, I can outline the general requirements and procedure for making one.
Firstly, it is important to note that making a false declaration is a criminal offence. You must ensure that the information in your declaration is true and accurate to the best of your knowledge.
Secondly, you need to use the approved form for statutory declarations, which can be found on the Western Australian courts website: www.courts.dotag.wa.gov.au. This form can be completed digitally or by hand.
Once the form is completed, it must be witnessed by an approved witness. This can be done either in-person or remotely via video link. Approved witnesses include lawyers, police officers, and justices of the peace, among others. A full list of approved witnesses can be found on the Attorney-General's Department website.
Finally, if you are creating a digital statutory declaration, you will need a Digital Identity to verify your identity. This can be done through the myGov website.
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Sample statutory declaration forms
In Western Australia, a statutory declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005. A statutory declaration, often referred to as a 'stat dec', is a statement of facts that you declare to be true and accurate and can be used as evidence.
Sample Statutory Declaration Form 1: Requesting a Copy of the Register of Members of an Association
"I am a current member of [insert incorporated association name] (Association).
[Insert date of request] to obtain a copy or extract of the register of members of the Association is made for the purpose of [insert purpose of obtaining information], which is connected with the Association’s affairs. I declare that this purpose is connected with the affairs of the Association. I understand that it is a criminal offence to disclose information in the register of members for a purpose that is not directly connected with the affairs of the Association or that is not related to the administration of the Associations Incorporation Act 2015 (Unlawful Purposes). I will not disclose information obtained from the register for Unlawful Purposes."
Sample Statutory Declaration Form 2: Commonwealth Statutory Declaration Form
You can download a blank PDF or Word version of the Commonwealth statutory declaration form, or fill in a pre-populated form with your details. The form will then generate a PDF for you to download and sign in front of a witness, either in person or remotely.
It is important to note that making a false declaration is an offence, and statutory declarations can be requested by a person, organisation, or government agency.
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Witnessing a statutory declaration
An approved witness for a statutory declaration made under the Oaths, Affidavits and Statutory Declarations Act 2005 must be licensed or registered to practise in Australia in one of the following occupations:
- Legal practitioner
- Nurse
- Notary public
- Justice of the Peace
- Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office providing postal services to the public
- Permanent employee of a state or territory, or a state or territory authority, with 5 or more years of continuous service
- Permanent employee of a local government authority with 5 or more years of continuous service
- Australian Consular Officer
- Australian Diplomatic Officer
If the statutory declaration is made at a place outside Western Australia but within Australia, an authorised witness can also be any person who, under the law of that place, has the authority to take or receive a statutory, solemn or other declaration.
If the statutory declaration is made outside Australia, an authorised witness can be:
- A prescribed consular official who is performing official functions at that place
- A person who is a justice or notary public under the law of that place
- A person who has the authority under the law of that place to administer an oath to another person or to take, receive or witness a statutory, solemn or other declaration
It is important to note that you cannot witness your own statutory declaration, even if you are an authorised witness. The witness also cannot be the same person as the declarant.
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Creating a digital statutory declaration
A statutory declaration, also known as a "stat dec", is a legal document that sets out facts that you declare to be true and accurate. It can be used as evidence and can be requested by a person, organisation, or government agency. The Commonwealth, states, and territories have different statutory declaration requirements.
To create a digital Commonwealth statutory declaration, you can use the myGov website and your Digital ID. You do not need a witness for a digital statutory declaration, but you will need a Digital Identity to verify your identity.
- Visit the myGov website: Go to the myGov website and log in to your account using your credentials. If you don't have a myGov account, you can create one by following the instructions provided on the website.
- Access the Digital ID service: Once you are logged in to your myGov account, look for the "Digital ID" service. This service allows you to create and manage your digital identity, which is necessary for making a digital statutory declaration.
- Verify your identity: To obtain a Digital ID, you will need to verify your identity. This process may involve providing personal information, such as your name, date of birth, and address. You may also need to upload documents, such as a driver's license or passport, to confirm your identity.
- Complete the statutory declaration form: After you have verified your identity and obtained your Digital ID, you can now create your statutory declaration. Carefully read and follow the instructions provided on the myGov website to complete the form accurately. Provide all the required information and ensure that the facts declared are true and accurate.
- Review and submit: Once you have completed the form, carefully review your statutory declaration to ensure that all the information is correct and that you understand the declaration's content. After reviewing, you can submit your digital statutory declaration.
- Keep a copy: It is recommended to save or print a copy of your completed statutory declaration for your records. This will ensure that you have a reference for the declared facts and any relevant dates or purposes associated with the declaration.
By following these steps, you can create a digital statutory declaration securely and conveniently using the myGov website and your Digital ID. Remember that making a false statement on a statutory declaration is an offence, so always ensure that the information provided is true and accurate to the best of your knowledge.
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False statements and offences
It is important to understand that a statutory declaration is a statement of facts that you declare to be true and accurate. It can be used as evidence. Therefore, making a false statement on purpose is considered an offence. The Oaths, Affidavits and Statutory Declarations Act 2005 outlines that it is a criminal offence to make a declaration knowing that it is false.
In Western Australia, the penalties for making a false statement in a statutory declaration can include criminal charges, fines, and even imprisonment. The specific penalties may vary depending on the nature of the false statement and the context in which it was made. Additionally, if the false statement results in any harm or loss to another person or organisation, there may be further legal consequences.
For example, in the context of a sample statutory declaration for requesting a copy of the register of members of an association, it is stated that it is a criminal offence to disclose information from the register for unlawful purposes. Unlawful purposes, in this case, refer to purposes not directly connected with the affairs of the association or the administration of the Associations Incorporation Act 2015.
It is important to note that the penalties for making a false statement in a statutory declaration are designed to deter people from providing false or misleading information. Providing truthful and accurate information in a statutory declaration is crucial to maintaining the integrity of the legal system and protecting the rights of all involved parties.
If you are unsure about any aspect of completing a statutory declaration, it is always best to seek legal advice or guidance from the relevant authorities. This can help ensure that you understand your obligations and rights, as well as the potential consequences of any false or misleading statements.
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