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Estimated Time to Build: 5 - 10 Minutes
Jurisdiction: Australia Wide
Download the Statutory Declaration Checklist
Download the Statutory Declaration Sample
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.
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.
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.
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.
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.
Set out the events as they happened in chronological order. Make each point clearly and concisely.
This hint is provided by Law Central Legal.
Only state what you know to be the TRUTH.
This hint is provided by Law Central Legal.
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.
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.
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
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