Statutory Declaration

A Statutory Declaration is a written statement, declared to be true by you the maker in the presence of a Commissioner for Declarations or the equivalent in your jurisdiction. Usually, the first and last parts of the statement are standard and are set out on the appropriate form, with the substantive parts in between to be composed by you.

Download the Statutory Declaration Checklist

Download the Statutory Declaration Sample

Jurisdiction
• Who can Witness my statutory declaration?
Personal Details
• Who is making the Declaration
• Changing your Address?
Declaration
• Format
• State the Facts
• Explain what Happened
• State the Truth
• Final Statement
• It will take me over 10 minutes to answer this question
• Who can Witness my statutory declaration?

---

Jurisdiction

• Who can Witness my statutory declaration?

  Witnessing requirements differ on a state-by-state basis.
  
  Western Australia
  Statutory declarations must be witnessed by an 'authorised witness' – see the Oaths, Affidavits and Statutory Declarations Act – s12(4).
  A full list of authorised witnesses can be found at http://www.austlii.edu.au/au/legis/wa/consol_act/oaasda2005441/sch2.html
  
  Queensland
  Statutory declarations must be witnessed by an 'authorised witness' – see the Oaths Act – 13 http://www.austlii.edu.au/au/legis/qld/consol_act/oa186779/s13.html
  
  Victoria
  Statutory declarations must be witnessed by an 'authorised witness'. A list of authorised witnesses for statutory declarations can be found at http://assets.justice.vic.gov.au/justice/resources/5096dc0c-bf78-4307-998b-0268a3480965/list_of_victorian_authorised_witnesses.pdf
  
  Tasmania
  Statutory declarations must be witnessed by a commissioner for declarations – see section 12 of the Oaths Act 2001. http://www.austlii.edu.au/au/legis/tas/consol_act/oa200179/s12.html
  A list of persons that can be commissioners for declarations is located at http://www.austlii.edu.au/au/legis/cth/consol_reg/sdr1993389/sch2.html.
  
  New South Wales
  Statutory declarations must be witnessed by an 'authorised witness' such as a notary public or justice of the peace.
  A list of authorised witnesses can be found at section 21(1) of the Oaths Act 1900 http://www.austlii.edu.au/au/legis/nsw/consol_act/oa190079/s21.html
  
  Australian Capital Territory
  Statutory declarations must be witnessed by an 'authorised witness' who has a connection to Australia.
  A list of authorised witnesses can be found at http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx
  
  South Australia
  Statutory declarations must be witnessed by an 'authorised witness', such as a justice of the peace and proclaimed police officer.
  A list of authorised witnesses can be found at http://www.austlii.edu.au/au/legis/sa/consol_act/oa193679/s34.html
  
  Commonwealth
  Statutory declarations must be witnessed by an 'authorised witness'. That authorised witness must have a connection to Australia.
  A list of authorised witnesses can be found at http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx
  
  Northern Territory
  Any person who is 18 years or older may witness a statutory declaration: See the Oaths, Affidavits and Statutory Declarations Act – s19(4). http://www.austlii.edu.au/au/legis/nt/consol_act/oaada291/s19.html

  This hint is provided by Law Central Legal.

  ---

  #

Personal Details

• Who is making the Declaration

  When making a Statutory Declaration it is necessary to identify the person declaring. Please therefore insert your name and address.

  This hint is provided by Law Central Legal.

  ---

  #

• Changing your Address?

  The address simply helps identify you at the time of making the declaration. It doesn't matter if you subsequently change your address.

  This hint is provided by Law Central Legal.

  ---

  #

Declaration

• Format

  Word each numbered sentence in the first person. The declaration is a statement of fact to the best of your knowledge and recollection.
  
  For example:
  
  1. "I am the mother of Johnny Little."
  2. "On or about the 13 May 2001 Johnny Little and I went to Cottesloe Beach."
  3. ".…"

  This hint is provided by Law Central Legal.

  ---

  #

• State the Facts

  Only state the facts. Never draw conclusions.
  
  For example:
  
  don't say
  
  "14. The idiot wasn't paying attention and hit my son"
  
  Say
  
  "14. He was looking in the opposite direction to which he was walking when he collided with Johnny Little"

  This hint is provided by Law Central Legal.

  ---

  #

• Explain what Happened

  Set out the events as they happened in chronological order. Make each point clearly and concisely.

  This hint is provided by Law Central Legal.

  ---

  #

• State the Truth

  Only state what you know to be the TRUTH.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Final Statement

  Make the final statement a conclusion that sets out your position as a consequence of the preceding points.
  
  For example:
  
  "27. It is for these reasons that we seek to recover the damages of $10,000.00."

  This hint is provided by Law Central Legal.

  ---

  #

• It will take me over 10 minutes to answer this question

  For your protection and security your connection to www.lawcentral.com.au times out every 10 minutes, if you haven't pressed "next" or had some activity. So, to save you time, you may want to consider typing up what you want to say in the document before you start to build it.

  This hint is provided by Law Central Legal.

  ---

  #

• Who can Witness my statutory declaration?

  Witnessing requirements differ on a state-by-state basis.
  
  Western Australia
  Statutory declarations must be witnessed by an 'authorised witness' – see the Oaths, Affidavits and Statutory Declarations Act – s12(4).
  A full list of authorised witnesses can be found at http://www.austlii.edu.au/au/legis/wa/consol_act/oaasda2005441/sch2.html
  
  Queensland
  Statutory declarations must be witnessed by an 'authorised witness' – see the Oaths Act – 13 http://www.austlii.edu.au/au/legis/qld/consol_act/oa186779/s13.html
  
  Victoria
  Statutory declarations must be witnessed by an 'authorised witness'. A list of authorised witnesses for statutory declarations can be found at http://assets.justice.vic.gov.au/justice/resources/5096dc0c-bf78-4307-998b-0268a3480965/list_of_victorian_authorised_witnesses.pdf
  
  Tasmania
  Statutory declarations must be witnessed by a commissioner for declarations – see section 12 of the Oaths Act 2001. http://www.austlii.edu.au/au/legis/tas/consol_act/oa200179/s12.html
  A list of persons that can be commissioners for declarations is located at http://www.austlii.edu.au/au/legis/cth/consol_reg/sdr1993389/sch2.html.
  
  New South Wales
  Statutory declarations must be witnessed by an 'authorised witness' such as a notary public or justice of the peace.
  A list of authorised witnesses can be found at section 21(1) of the Oaths Act 1900 http://www.austlii.edu.au/au/legis/nsw/consol_act/oa190079/s21.html
  
  Australian Capital Territory
  Statutory declarations must be witnessed by an 'authorised witness' who has a connection to Australia.
  A list of authorised witnesses can be found at http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx
  
  South Australia
  Statutory declarations must be witnessed by an 'authorised witness', such as a justice of the peace and proclaimed police officer.
  A list of authorised witnesses can be found at http://www.austlii.edu.au/au/legis/sa/consol_act/oa193679/s34.html
  
  Commonwealth
  Statutory declarations must be witnessed by an 'authorised witness'. That authorised witness must have a connection to Australia.
  A list of authorised witnesses can be found at http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx
  
  Northern Territory
  Any person who is 18 years or older may witness a statutory declaration: See the Oaths, Affidavits and Statutory Declarations Act – s19(4). http://www.austlii.edu.au/au/legis/nt/consol_act/oaada291/s19.html
  

  This hint is provided by Law Central Legal.

  ---

  #

This document has been prepared by the law practice Law Central Legal

Liability limited by a scheme approved under Professional Standards Legislation