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Statutory declaration form: requirements, authorised witnesses, and stat dec versions

15/06/2023 by
The Marketing Team
What is a Statutory Declaration? A Statutory Declaration is a legal document in which a person makes a written statement that is true and correct to the best of their knowledge. In New South Wales (NSW), Statutory Declarations are governed by the Oaths Act 1900 and are used for various purposes, including making a statement […]
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statutory declaration nsw

What is a Statutory Declaration?

A Statutory Declaration is a legal document in which a person makes a written statement that is true and correct to the best of their knowledge. In New South Wales (NSW), Statutory Declarations are governed by the Oaths Act 1900 and are used for various purposes, including making a statement for the purpose of evidence in court, verifying a fact for a government agency, or affirming the accuracy of information for a private party. The declaration must be made voluntarily and is given under the penalties of perjury. This means that if the person making the declaration is making false statements, they may face criminal charges under section 678 of the Fair Work Act 2009

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What is the difference between a State & Commonwealth Declaration?

In Australia, there are two types of Statutory Declarations; State Declarations and Commonwealth Declarations. The main difference between the two is that Commonwealth declarations are governed by the Commonwealth Statutory Declarations Act 1959 and apply throughout Australia, while State Declarations are governed by the legislation that outlines the requirements for making a Statutory Declaration within that jurisdiction. 

 

Who can witness a NSW Statutory Declaration? 

According to the NSW legislation, a Statutory Declaration must be witnessed by an authorised person. Authorised witnesses for Statutory Declarations in NSW include: 

  • Justice of the Peace (JP)
  • Commissioner for Declarations 
  • Notary Public 
  • Lawyer
  • Pharmacist 
  • Bank Manager 
  • Teacher 
  • Police Officer 
  • Post Office Manager 

The witness must be authorised by the legislation, be 18 years of age or older, have no personal interest in the matter being declared, and be physically present at the time and must see the person signing the declaration. The witness must also sign and date the declaration and provide their full name, occupation, and residential or business address. A witness who is not authorised to witness a declaration may render the declaration invalid and may be subject to criminal charges. 

It is important to note that while family members can sign a Statutory Declaration, they may not be able to witness it in NSW. Family members may only witness a Statutory Declaration in limited circumstances, such as if they are authorised witnesses or if they are not related to the person making the declaration. 

Additionally, read through this Business Kitz Article for advice on the requirements and best practice for witnesses of a signature to assist you in finding the perfect match.

 

Who can witness a Commonwealth Statutory Declaration? 

The requirements for Commonwealth witnesses are outlined in the Statutory Declarations Act 1959. A Commonwealth witness must be authorised by the legislation, 18 years of age or older, and have no interest in the matter being declared. The witness must also sign the declaration in the presence of the person making the declaration. Authorised Witnesses for Commonwealth Declarations include: 

  • Justice of the Peace (JP)
  • Commissioner for Declarations 
  • Notary Public 
  • Lawyer 
  • Pharmacist 
  • Bank Manager 
  • Teacher 
  • Police Officer 
  • Post Office Manager 
  • Member of Parliament 
  • Registrar or Deputy Registrar of a Court
  • Member of the Australian Defence Force 
  • Chaplain of the Australian Defence Force 
  • Authorised Officer of an Australian Consulate or Embassy. 

In addition, there are some restrictions on who can witness a Commonwealth Statutory Declaration. A person who is a party to the matter being declared, or who has a direct or indirect pecuniary interest in the matter, cannot be a witness. This includes spouses, de facto partners, siblings, and parents. 

It is also important to note that there are some specific requirements for witnesses in certain circumstances. For example, a Commonwealth Statutory Declaration that is made outside of Australia must be witnessed by an authorised officer of an Australian Consulate or Embassy. This is to ensure the authenticity of the declaration and to prevent fraud. 

 

Consequences of making a false Statutory Declaration

Making a false Statutory Declaration is a criminal offence under the Oaths Act 1900 and is punishable by a maximum fine of $22,000 or imprisonment for up to four years. It is important to remember that a Statutory Declaration is a serious matter and that the information contained in the declaration must be truthful and accurate to the best of the declarant’s knowledge. 

FAQs on Statutory Declarations

This FAQ section provides essential information on completing a statutory declaration, including where to find the right form, witness requirements, and guidelines under the Oaths Act. Whether you need assistance with identity confirmation or help finding the latest version to download, this section offers useful links and tips to ensure your statutory declaration is completed accurately.

What information is required for a Statutory Declaration?

A statutory declaration is a written statement where a person swears, affirms, or declares to be true specific details. You need to include your identity, the content you declare, and sign the form in the presence of an authorised witness.

Where can I download the Statutory Declaration Form?

You can download the statutory declaration form from the Department of Justice’s page, which provides the latest version. Visit their site to access and complete a statutory declaration online or download a printable stat dec.

What do I need to complete a Statutory Declaration?

To complete a statutory declaration, you need the correct form, the presence of an authorised witness, and personal information to confirm your identity. You may also need to specify the purpose of the declaration if the organisation or department requests it.

Which section of the form covers witness requirements?

The form’s witness section details who is authorised to witness your statutory declaration. The Department of Justice provides a list of authorised individuals on their page, so please review this section to ensure compliance.

Who can approve or witness a Statutory Declaration?

A justice of the peace, lawyer, or other approved community representative can act as an authorised witness. Visit the Attorney-General's department’s link to see the full list of who can witness a statutory declaration.

How do I find the right form for my state?

Each state may have a specific statutory declaration form. For NSW, visit the community section of the Department of Justice’s website to download the form to make your declaration. Check with your local department if you need a specific version.

What does the Oaths Act specify for Statutory Declarations?

The Oaths Act specifies how a statutory declaration must be completed and witnessed. This includes the requirement for an identity check in the presence of an authorised person. For detailed information, please consult the relevant section on the Department of Justice’s page.

Can I get help completing a Statutory Declaration?

Yes, if you need assistance with your statutory declaration, please contact your local Department of Justice. They can offer help with finding the right form, specifying witness requirements, or confirming which details you may need to declare.

Why might I need a Stat Dec?

A statutory declaration is used to confirm facts in a legal document, often as a formal requirement for identity, community matters, or business-related issues. Many organisations request one to declare personal information when another form of identification isn’t available.

Is there a way to complete the form online?

Yes, the Department of Justice offers some statutory declaration forms online. Check their page for downloadable options, as you may need to download and complete the form before submitting it to the required organisation.

Final thoughts

In conclusion, the NSW Statutory Declaration and witness requirements, as well as the Commonwealth witness requirements, are in place to ensure that declarations are valid and can be relied upon in legal proceedings. It is important to understand the requirements and restrictions on who can witness a Statutory Declaration, as well as the professional requirements for witnesses in certain circumstances. 

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