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Making a statutory declaration

This department provides statutory declaration forms for use in matters concerning the Commonwealth or the Australian Capital Territory. The information below is only relevant for Commonwealth or Australian Capital Territory statutory declarations.

For more information about statutory declarations in other states or territories, visit the relevant website in your area.

To complete a statutory declaration you will need to have someone on the list of authorised witnesses watch you sign the completed form. They will also need to sign it.

The full list of authorised witnesses is included on the statutory declaration form. An authorised witness can include someone such as a doctor, teacher, pharmacist, bank officer or a vet.

Who can make a statutory declaration

Anyone may make a Commonwealth statutory declaration, provided they understand:

  • what a statutory declaration is
  • that everything they state in the form must be true
  • the consequences of making a false declaration.

It is a good idea to check with the organisation requesting the statutory declaration whether they have any requirements or limitations.

An organisation cannot make a statutory declaration. However, someone from the organisation who has the relevant knowledge can make the statutory declaration. For example, a company director can make a statutory declaration on behalf of their company.

Your obligations

It is important not to make a false statement in a statutory declaration. This is a serious issue. You may be charged with a criminal offence which carries the possibility of a fine or even jail.

Information to include in a statutory declaration

The organisation that has asked you to make the statutory declaration can guide you on what to include. Check with them if you have any questions.

You can include attachments, but they should be accurately referred to, or cited in the statutory declaration. The attachments must also be included with your statutory declaration form when you sign it in front of your witness. Your witness does not need to sign the attachments or read them. (Note: Justices of the Peace may have additional rules that they need to follow. For example, in some jurisdictions, there is a requirement to mark the attachments as 'annexures' and sign them as such).

I live overseas and need to make a statutory declaration

You will need to find a witness who is both:

  • on the list of authorised witnesses
  • has a connection with Australia.

For example, a doctor who is registered to practise medicine in Australia can witness your declaration, but a doctor who is not registered in Australia cannot.

You can use a notary to witness your statutory declaration. They must be appointed in Australia, under their local state or territory legislation to be able to witness Commonwealth statutory declarations.

You can find someone who is an authorised witness at the nearest Australian Embassy, High Commission or Consulate.

For more information including contact details, visit the Department of Foreign Affairs and Trade website or the Smartraveller.gov.au websites. Please note that engaging an authorised witness overseas may attract a fee under the Consular Fees Act 1955.

Where to get large quantities of statutory declaration forms

If you need commercial quantities of the Commonwealth statutory declaration form, contact:

CanPrint Communications
PO Box 7456
Canberra Mail Centre ACT 2610
Call: 1 300 889 873
Email: sales@infoservices.com.au