What Is a Statutory Declaration?

Statutory declarations are common in dealings with government agencies, insurers, employers and businesses. Typical uses include confirming the loss of a document, supporting an insurance claim, declaring a change of name, confirming a relationship for visa purposes or making a formal statement of facts for a regulator.

There are two main types of statutory declaration in Australia. A Commonwealth statutory declaration is used for matters under federal law or to provide information to Commonwealth agencies. Each state and territory has its own equivalent form for matters under local law. The two are not interchangeable, so it is important to use the right form for the right purpose.

Statutory declarations must be witnessed by someone authorised by law to do so. Authorised witnesses include solicitors, barristers, justices of the peace, medical practitioners, pharmacists, accountants who hold a current public practice certificate, and various other professionals. The full list is set out in the relevant legislation and is broader than many people expect.

Some jurisdictions also allow declarations to be witnessed electronically by audio-visual link, which became widespread during the COVID period and has been retained for many purposes.

Start with the correct form for the law that applies to your matter. Write your statement in clear, factual terms in the first person. Do not sign the declaration until you are in the presence of the authorised witness. The witness will ask you to declare that the contents are true, and will then sign the document and add their details.

Knowingly making a false statutory declaration is a serious criminal offence. Penalties include substantial fines and, in some cases, imprisonment. The seriousness of the offence is part of what gives statutory declarations their legal weight.

A statutory declaration and an affidavit are similar but not identical. Both are formal written statements, but affidavits are sworn or affirmed for use in court proceedings, while statutory declarations are typically used outside the courtroom. If a court process is involved, an affidavit is usually required.