Statutory Declaration (Australia)

A Statutory Declaration in Australia records facts that the maker solemnly declares to be true before an authorised witness, with effect under the Statutory Declarations Act 1959 (Cth).

The statutory declaration is distinct from an affidavit. An affidavit is a sworn or affirmed written statement used in court proceedings, typically regulated by court rules and the relevant Evidence Act. A statutory declaration, by contrast, is used for administrative, government, and official purposes outside of court proceedings. Common uses include: verifying identity when primary identity documents are unavailable, declaring the loss or destruction of documents such as passports, birth certificates, or title deeds, supporting applications to Commonwealth agencies (the Australian Passport Office, Services Australia, the ATO, ASIC, and the AFP), declaring a change of name, verifying facts for insurance claims, providing a statutory basis for declarations about citizenship, residency, marital status, or employment history.

The prescribed form under Schedule 1 of the Statutory Declarations Regulations 2018 requires the declarant’s full name, address, and occupation; a solemn declaration that the facts stated are true; the declarant’s signature; and the signature, qualification, and address of an authorised witness. The list of authorised witnesses is set out in section 8 of the Regulations and includes over 70 categories of professionals, including Justices of the Peace, lawyers, pharmacists, police officers, medical practitioners, dentists, nurses, teachers, accountants, and many others.

The authority and reliability of a statutory declaration derives from the criminal sanction for making a false declaration. Under section 11 of the Statutory Declarations Act 1959 (Cth), a person who makes a statutory declaration knowing that it is false is guilty of an indictable offence carrying a maximum penalty of 4 years imprisonment. This penalty underpins the value that government agencies and official bodies place on statutory declarations as a form of evidence.

The legal framework governing the Statutory Declaration (Australia) in Australia draws on several key statutes and regulatory bodies. Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) apply to personal data processed under this agreement. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), enforced by the Australian Competition and Consumer Commission (ACCC), protects consumer rights. Section 127 of the Corporations Act 2001 governs corporate execution. The Fair Work Commission (FWC) adjudicates employment disputes under the Fair Work Act 2009. The Federal Court of Australia and state Supreme Courts have jurisdiction for civil matters. Parties executing a Statutory Declaration (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Statutory Declarations Act 1959 (Cth) sets the foundational requirements.

A statutory declaration is needed whenever a government agency, business, legal body, or other official entity requires a formal written statement of facts that has the same force as an oath. The range of situations requiring a statutory declaration in Australia is broad.

Identity verification is the most common use. If you cannot produce primary identity documents (such as a passport or birth certificate), many agencies including Services Australia (Centrelink and Medicare), the Australian Passport Office, and state driver licensing authorities will accept a statutory declaration from the applicant and a supporting declaration from a person who knows them. The Australian Government’s Document Verification Service also accepts statutory declarations in some circumstances.

Lost or destroyed documents frequently require a statutory declaration. If you have lost your passport, birth certificate, land title, vehicle registration documents, or other official papers, the relevant issuing authority typically requires a statutory declaration describing the circumstances of the loss before issuing a replacement. The Australian Passport Office’s Application for Australian Passport — Form PC8 (Lost/Stolen Passport) specifically requires a statutory declaration.

Government benefit and grant applications often require statutory declarations as supporting evidence. Services Australia (Centrelink) requires statutory declarations for a range of purposes including relationship status, living arrangements, and financial circumstances. Applications for the First Home Owner Grant in various states may require statutory declarations about property ownership history.

Legal and commercial matters frequently use statutory declarations. In property transactions, conveyancers and solicitors may require statutory declarations about the history of a property, the identity of parties, or the capacity of a seller. In deceased estates, administrators and beneficiaries may need to make statutory declarations about the circumstances of the deceased and the distribution of assets. Insurance claims sometimes require statutory declarations about the circumstances of a loss.

Name changes, citizenship, and immigration matters often require statutory declarations as supporting evidence of identity, relationship history, or personal circumstances. The Department of Home Affairs accepts statutory declarations as supporting evidence in many visa and citizenship applications.

A valid Commonwealth Statutory Declaration made under the Statutory Declarations Act 1959 (Cth) must contain several essential elements in the form prescribed by Schedule 1 of the Statutory Declarations Regulations 2018.

The declarant’s identifying information must be set out in full. This includes the declarant’s full legal name, residential or business address (street, suburb, state, and postcode), and occupation. The name must match the declarant’s identity documents. If the declarant is retired or unemployed, this should be stated as the occupation.

The solemn declaration formula is prescribed. The declarant must use the words: ‘I, [full name], of [address], [occupation], sincerely and solemnly declare as follows’ (or words to that effect as prescribed in Schedule 1). This formula cannot be altered or paraphrased.

The statement of facts must be set out clearly and precisely. Facts should be stated in numbered paragraphs, with each paragraph covering one distinct fact. The facts must be matters within the declarant’s personal knowledge or belief. Where the declarant is stating a belief rather than a fact of which they have direct knowledge, this should be indicated (for example: ‘I believe that…’). Vague, ambiguous, or speculative statements should be avoided.

The belief statement is required by the prescribed form: ‘And I make this solemn declaration conscientiously believing the statements contained in it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Statutory Declarations Act 1959.’ This statement must appear verbatim.

The authorised witness must be a person qualified under section 8 of the Statutory Declarations Regulations 2018. The witness must: be present when the declarant signs the declaration; be satisfied of the declarant’s identity; sign the declaration themselves; and state their full name, qualification (for example, ‘Justice of the Peace’ or ‘Lawyer’), and address. The witness should also note their registration or JP number where applicable.

Annexures must be identified and signed. If documents are attached to the declaration, they must be identified in the text of the declaration and marked with a letter (Annexure A, Annexure B, etc.). The authorised witness must sign each annexure and mark it with the words ‘This is Annexure [letter] referred to in the statutory declaration of [declarant’s name] declared before me on [date].’

Remote or audiovisual witnessing is now permitted for Commonwealth statutory declarations under amendments to the Statutory Declarations Regulations 2018. Where the declaration is witnessed remotely, the witness must annotate the document to state that it was witnessed by audiovisual link and must comply with the specific requirements set out in the Regulations.

Additional compliance elements for a Statutory Declaration (Australia) used in Australia include: Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) apply to personal data processed under this agreement. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), enforced by the Australian Competition and Consumer Commission (ACCC), protects consumer rights. Section 127 of the Corporations Act 2001 governs corporate execution. The Fair Work Commission (FWC) adjudicates employment disputes under the Fair Work Act 2009. The Federal Court of Australia and state Supreme Courts have jurisdiction for civil matters. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.