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
You can create a digital Commonwealth statutory declaration by creating a myGov account and connecting it to your digital ID. Through myGov, you can create and sign your statutory declaration.
Some states and the Commonwealth now also let people witness statutory declarations online through video calls (Zoom, Skype, etc.) thanks to improvements in technology and digital verification methods.
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 an offence. Under the Commonwealth system, making a false declaration can result in fines and imprisonment.
The penalties may differ under state and territory legislation, but are generally severe to discourage dishonest statements. Here are the penalties per territory:
| Jurisdiction | Penalty for False Statutory Declaration |
|---|---|
| Commonwealth | Up to 4 years imprisonment for intentionally making a false statement in a statutory declaration. |
| Victoria | Up to 5 years imprisonment for knowingly making a false statutory declaration and a fine of up to 600 penalty units |
| New South Wales | Up to 5 years imprisonment for knowingly making a false statutory declaration. If there’s an attempt to make a material benefit from the false stat dec, the maximum imprisonment can be extended to 7 years. |
| Queensland | Up to 4 years imprisonment for knowingly making a false statutory declaration. |
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.
Statutory Declaration vs Affidavit: What’s the Difference?
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.
In this case, a lender may accept a statutory declaration confirming ownership of the assets. The declaration may also include details such as:
- The type of equipment or machinery
- Estimated market value
- Date of purchase
- Whether the asset is fully paid off
- Whether there is any existing finance secured against it
This can help lenders assess whether the equipment can be used as security for a loan.
Example of a Statutory Declaration
Below is a general example of a statutory declaration used to confirm ownership of equipment or machinery for a loan application. Requirements may vary depending on the lender and the state or territory where the declaration is signed.
STATUTORY DECLARATION
Statutory Declarations Act 1959
I, [FULL NAME] of [ADDRESS], [OCCUPATION], make the following declaration under the Statutory Declarations Act 1959:
- I am the owner of the following business asset(s):
- [ASSET MODEL AND MAKE]
- Serial Number / VIN: [NUMBER]
- Approximate Current Value: $[AMOUNT]
- Date Purchased: [DATE]
- The above asset was purchased by me or my business, [BUSINESS NAME].
- I no longer retain the original purchase invoice or tax invoice relating to the asset.
- To the best of my knowledge, the asset is:
- Fully paid for, and
- Not subject to any existing finance agreement, lease, or security interest, except as disclosed below:
- [Insert details if applicable]
- I make this declaration for the purpose of supporting a loan application and confirming ownership of the asset.
I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.
Signature of declarant: ______________________
Declared at: ______________________
On: ____ / ____ / ______
Before me:
Signature of authorised witness: ______________________
Full name of authorised witness: ______________________
Qualification of authorised witness: ______________________
Email address and/or phone number of witness (optional): ______________________
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.
Download Our Statutory Declaration Checklist
Before signing a statutory declaration, it’s worth checking that everything has been completed correctly. Small mistakes such as missing witness details, incorrect wording, or signing the document improperly can result in the declaration being rejected or considered invalid.
We’ve created a free Statutory Declaration Checklist you can download and use before lodging your document.
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.
Authorised Witnesses
A statutory declaration can usually be witnessed by people in approved occupations or professions, including:
Approved Licensed or Registered Occupations
- Architects
- Chiropractors
- Dentists
- Financial advisers
- Financial planners
- Legal practitioners
- Medical practitioners
- Midwife
- Migration agents
- Nurses
- Occupational therapists
- Optometrists
- Patent attorneys
- Pharmacists
- Physiotherapists
- Psychologists
- Trade marks attorneys
- Veterinary surgeons
Approved Australian Positions
A person can be considered an approved witness if, at the time they witness your Commonwealth statutory declaration, they hold one of the following Australian positions:
- Accountant who is a fellow of the National Tax Accountants’ Association or a member of relevant organisations
- Agent of the Australian Postal Corporation
- APS employee
- Australian Consular Officer or Australian Diplomatic Officer
- Bailiff
- Bank officer
- Building society officer
- Chief executive officer of a Commonwealth court
- Clerk of a court
- Commissioner for Affidavits
- Commissioner for Declarations
- Credit union officer
- Permanent employee of a Commonwealth authority
- Employee of the Australian Trade and Investment Commission who is:
- in a country or place outside Australia; and
- authorised under paragraph 3 (d) of the Consular Fees Act 1955; and
- exercising the employee’s function at that place
- Employee of the Commonwealth who is:
- at a place outside Australia; and
- authorised under paragraph 3 (c) of the Consular Fees Act 1955; and
- exercising the employee’s function at that place
- Engineer who is a member of Engineers Australia but not a student or a registered professional engineer
- Finance company officer
- Holder of a statutory office
- Judge
- Justice of the Peace
- Magistrate
- Marriage celebrant
- Master of a court
- Member of the Australian Defence Force who is either:
- an officer
- a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service
- a warrant officer within the meaning of that Act
- Member of the Australasian Institute of Mining and Metallurgy
- Member of the Governance Institute of Australia Ltd
- Member of either:
- the Parliament of the Commonwealth
- the Parliament of a state
- a territory legislature
- a local government authority
- Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
- Notary public
- Permanent employee of the Australian Postal Corporation
- Permanent employee of a state or territory
- Permanent employee of a local government authority
- Person before whom a statutory declaration may be made under the law of the state or territory in which the declaration is made
- Police officer
- Registrar or Deputy Registrar of a court
- Senior executive employee of a Commonwealth authority
- Senior executive employee of a state or territory
- SES [senior executive service] employee of the Commonwealth Sheriff
- Sheriff’s officer
- Teacher
Frequently Asked Questions
Is a statutory declaration legally binding?
Yes. A statutory declaration is a legal document made under legislation. By signing it, you are formally declaring that the information is true and correct. Making a false declaration can result in criminal penalties, including fines or imprisonment.
Can a statutory declaration be signed online?
In some Australian states and territories, statutory declarations can be witnessed electronically through approved applications like Zoom or Skype. The rules vary depending on the jurisdiction and the type of declaration being made, so you should confirm whether electronic witnessing is permitted before signing.
Do I need a lawyer to prepare a statutory declaration?
No. You can prepare your own statutory declaration as long as it follows the correct legal format and is witnessed properly by an authorised person. In more complex legal or commercial matters, you may still choose to seek legal advice.
Does a statutory declaration need to be notarised?
No. Most statutory declarations in Australia do not need to be notarised. They only need to be witnessed and signed by an authorised person under the relevant legislation.
Can I withdraw or correct a statutory declaration after signing it?
If you realise there is an error after signing a statutory declaration, you should not alter the document yourself. In most cases, you will need to complete a new statutory declaration with the correct information. If the declaration has already been submitted, you should notify the receiving party as soon as possible. If you realise you have made an error in your stat dec, act fast, and get legal advice if possible.
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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