Key Takeaways
- In Australia, a statutory declaration is a written statement of fact that is made in front of an authorised witness.
- People often use it for legal, financial, and administrative reasons.
- There are two main types: Commonwealth and state/territory statutory declarations.
- A valid statutory declaration must contain the appropriate language, be executed in the presence of an authorised witness, and adhere to jurisdictional stipulations.
- It is against the law to make a false statutory declaration, and doing so can lead to fines or other legal action.
- You do not need a lawyer to complete a statutory declaration, but the witness must be authorised.
- Statutory declarations can be used to support loan applications, particularly for capital raises against machinery and equipment. A stat dec can stand as proof of ownership if the business owner has lost the original invoices.
- Affidavits and statutory declarations are similar, but affidavits are mostly used in court.
In Australia, statutory declarations are an important part of the legal and administrative systems. They let people officially say that something is true without having to provide other proof or go to court. Statutory declarations are a simple way to check facts, back up applications, and give important information when government agencies, employers, or banks need it. They can be used in both personal and business situations.
What is a Statutory Declaration in Australia?
A statutory declaration in Australia is a formal written statement that is declared to be true in the presence of an authorised witness. When there isn’t any other formal proof, it is used to confirm that facts are true. There are laws that govern these statements, and they are legally binding. People often call them “stat decs”, and they are used in both state and Commonwealth courts.
What is the Purpose of a Statutory Declaration?
In Australia, statutory declarations are very important in both formal and informal settings. They are legally recognised statements of truth that can be used when other documents are not available or are not enough. These statements are a flexible and easy way to share facts without having to go through a court process or provide formal evidence.
Common Purposes of Statutory Declarations
They are used in many different situations, including business, government, and personal ones. Some common purposes are:
- Identity Verification: Used to confirm identity or residential address when official documentation is missing or incomplete.
- Legal Assertions: Help people declare facts in legal matters without appearing in court, like confirming a change of name or relationship status.
- Employment and Academic Records: Used to confirm employment history, volunteer work, or qualifications when reference letters are unavailable.
- Insurance and Claims: Help substantiate claims regarding lost, stolen, or damaged items when receipts or police reports are missing.
- Government Services: Required by agencies such as Centrelink or the ATO to confirm personal circumstances, income changes, or eligibility for benefits.
- Financial Applications: Used to support loan applications, particularly in capital raises against assets where the business owner has lost the original invoices.
Why Statutory Declarations are Important
Statutory declarations are a good way to get trust, clarity, and accountability in situations where they are needed because they are simple and are legally binding. They can be used instead of affidavits when there is no court involved, and they are very important in administrative and procedural decisions. They are legally binding, which helps stop and punish false claims and misleading statements. This helps keep official processes honest.
Types of Statutory Declarations in Australia
There are two main types of statutory declarations in Australia:
1. Commonwealth Statutory Declaration
These are used for matters that fall under federal jurisdiction, such as:
- Government forms and services
- Immigration matters
- Federal job applications
They are governed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2018.
2. State and Territory Statutory Declarations
Each Australian state and territory has its own legislation and requirements. These are used for:
- Local government purposes
- State job applications
- Property matters and tenancy agreements
It’s important to use the correct form for your jurisdiction.
What Makes a Statutory Declaration Valid?
In Australia, a statutory declaration is only valid if it meets all of the legal requirements set out in Commonwealth or state/territory law. If you don’t meet these requirements, your declaration may be rejected or considered legally invalid.
Your statutory declaration must include the following to be valid:
- The content must clearly state the facts being declared. Avoid vague or ambiguous language.
- Each jurisdiction has set wording that must be included in the declaration, such as “I solemnly and sincerely declare that…”
- The person making the declaration must sign the document in the physical or virtual presence of an authorised witness.
- The witness must sign and include their full name, qualification, and contact details. In some jurisdictions, their registration number or position may also be required.
- The document must clearly state the date and place where the declaration was made.
Witnessing Requirements
Witnessing the declaration correctly is highly important. The witness must:
- Be authorised under the relevant law (Justices of the Peace, legal practitioners, police officers, bank officers, etc.)
- Observe the declarant signing the document
- Observe the declarant saying the declaration out loud
- Certify that the declaration was made in their presence
Digital Statutory Declarations
Some states and the Commonwealth now let people witness statutory declarations online through video calls (Zoom, Skype, etc.) thanks to improvements in technology and digital verification methods. This was first put in place during the COVID-19 pandemic and is still in place in many places. Always check to see if your specific use case allows for electronic or remote declarations.
Common Mistakes That Invalidate a Declaration
- Signing the form before meeting the witness
- Omitting the required declaration wording
- Using an unauthorised witness
- Leaving out the date or location
- Failing to include the witness’s full details
Is a Statutory Declaration Legally Binding in Australia?
Yes, statutory declarations are legally binding. Making a false declaration is considered a serious offence. Under the Commonwealth system, making a false declaration can result in:
- Criminal charges
- Heavy fines
- Imprisonment for up to 4 years
The penalties may differ under state and territory legislation, but are generally severe to discourage dishonest statements.
In the case of genuine mistakes, you must make changes in the declaration in the presence of the same witness who signed it. You and the witness must sign your initials next to every change. If there are too many changes, you need to write a new statutory declaration.
What’s the Difference Between an Affidavit and a Statutory Declaration?
Affidavits and statutory declarations are similar but have key differences:
- Affidavits are usually used in legal proceedings and must be sworn or affirmed before a court authorised person such as a solicitor or justice of the peace.
- Statutory declarations are used outside of court settings and are not sworn under oath, but are still legally binding.
Both documents assert the truth of the contents, but affidavits carry the additional weight of being admissible in court.
Do I Need a Lawyer for a Statutory Declaration?
No, you do not need a lawyer to prepare or witness a statutory declaration. However, the declaration must be signed in front of an authorised witness. If you are unsure about the contents of your declaration or its legal implications, you may seek legal advice.
Can a Statutory Declaration Be Used for a Loan Application?
Yes, statutory declarations can be used in the context of loan applications, particularly in the cases of capital raises against equipment and machinery. A lender may require a stat dec to prove ownership of the equipment or machinery in cases where the business owner has not retained the original invoices.
How to Make a Statutory Declaration
To correctly complete a statutory declaration in Australia, follow these steps:
- Download the correct statutory declaration form from a government website (Commonwealth or state-specific).
- Write your statement clearly, stating the facts you wish to declare.
- Include the required declaration wording as per the legislation.
- Take the declaration to an authorised witness. Do not sign it beforehand.
- Sign the declaration in the witness’s presence (in person or online), and have the witness sign each page and provide their details.
- Say the declaration out loud in the presence of your witness.
- Complete and sign an exhibit certificate in case the declaration refers to another document.
- Keep a copy for your records, and submit the original as required.
Where to Get a Statutory Declaration Form
You can download statutory declaration forms from:
- Federal Attorney-General’s Department
- Create a Digital Commonwealth Statutory Declaration through MyGov
- State government websites
Make sure the form matches the jurisdiction where the declaration will be used.
Final Thoughts
A statutory declaration in Australia is a strong legal tool that can be used to prove the truth of statements when there is no other formal proof. It’s important to know how to properly prepare and witness a statutory declaration, whether you’re applying for a loan, dealing with government services, or handling a personal matter. Make sure your declaration is valid and legally recognised by following the right format, using the right words, and getting an authorised witness.
Disclaimer: Loans and their accompanying benefits are available only to those who qualify for them and have been approved. Though we put a lot of care into writing this article, the information presented within is general and doesn’t consider your unique situation. It is not meant to serve as a substitute for professional advice, and you should not rely on it solely for any major financial decisions. You should always consult with a professional when you’re dealing with finance, tax, and accounting matters.
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