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List of authorised witnesses

The Statutory Declarations Regulations 1993 have been repealed

The Statutory Declarations Regulations 2018, which commenced on 18 September 2018, make the following changes:

  • includes additional occupations/persons who are authorised to witness Commonwealth statutory declarations. These new occupations include:
    • architects
    • midwives
    • migration agents registered under Division 3 of Part 3 of the Migration Act 1958
    • occupational therapists
    • financial advisers and financial planners
    • broadens the category of engineers
  • provides a notary public (however described) appointed overseas, exercising his or her functions at that place, is able to witness a Commonwealth statutory declaration. This is in addition to notary publics who are appointed in Australia
  • updates references to ensure the regulations are current and fit for purpose, and
  • makes minor changes to the form to make it optional for the declarant and authorised witness to provide their email address and/or phone number to assist the receiving organisation to verify the declaration.

The regulations were updated following a review in 2017 where the department called for public submissions. For further information on the review, please refer to Review of the Statutory Declarations Regulations 1993 page.

There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:

  • on the list of authorised witnesses (below), and
  • has a connection to Australia, with the exception of a notary public (however described)

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.

If you are currently overseas, you may be able find someone who is an authorised witness at your nearest Australian Embassy, high commission or consulate. For more information, including contact details, visit the Department of Foreign Affairs and Trade or Smartraveller website. An authorised witness overseas may attract a fee under the Consular Fees Act 1955.

Recent changes made under the Statutory Declarations Regulations 2018 provide that a notary public (however described) who is appointed overseas, exercising his or her functions at that place, is authorised to witness a Commonwealth statutory declaration. Notary publics therefore do not need to have a connection to Australia, unlike all other categories on the list of authorised witnesses.

A statutory declaration may be made before a person on the list of authorised witnesses in the Statutory Declarations Regulations 2018:

  1. a person who is currently licensed or registered under a law of a state or territory to practise in one of the following occupations:
    • architect
    • chiropractor
    • dentist
    • financial adviser or financial planner
    • legal practitioner
    • medical practitioner
    • midwife
    • migration agent registered under Division 3 of Part 3 of the Migration Act 1958
    • nurse
    • occupational therapist
    • optometrist
    • patent attorney
    • pharmacist
    • physiotherapist
    • psychologist
    • trade marks attorney
    • veterinary surgeon
  2. a person who is enrolled on the roll of the Supreme Court of a state or territory, or the High Court of Australia, as a legal practitioner (however described), or
  3. a person who is in the following list:
    • accountant who is:
      1. a fellow of the National Tax Accountants' Association, or
      2. a member of any of the following:
        1. Chartered Accountants Australia and New Zealand
        2. the Association of Taxation and Management Accountants
        3. CPA Australia
        4. the Institute of Public Accountants
    • agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
    • APS employee engaged on an ongoing basis with 5 or more years of continuous service who is not specified in another item of this Part
    • Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
    • bailiff
    • bank officer with 5 or more continuous years of service
    • building society officer with 5 or more years of continuous service
    • chief executive officer of a Commonwealth court
    • clerk of a court
    • Commissioner for Affidavits
    • Commissioner for Declarations
    • credit union officer with 5 or more years of continuous service
    • employee of a Commonwealth authority engaged on a permanent basis with 5 or more years of continuous service who is not specified in another item in this Part
    • employee of the Australian Trade and Investment Commission who is:
      1. in a country or place outside Australia, and
      2. authorised under paragraph 3(d) of the Consular Fees Act 1955, and
      3. exercising his or her function in that place
    • employee of the Commonwealth who is:
      1. in a country or place outside Australia, and
      2. authorised under paragraph 3(c) of the Consular Fees Act 1955, and
      3. exercising his or her function in that place
    • engineer who is:
      1. a member of Engineers Australia, other than at the grade of student, or
      2. a Registered Professional Engineer of Professionals Australia, or
      3. registered as an engineer under a law of the Commonwealth, a state or territory, or
      4. registered on the National Engineering Register by Engineers Australia
    • finance company officer with 5 or more years of continuous service
    • holder of a statutory office not specified in another item in this list
    • judge
    • Justice of the Peace
    • magistrate
    • marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
    • master of a court
    • member of the Australian Defence Force who is:
      1. an officer, or
      2. a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service, or
      3. 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:
      1. the parliament of the Commonwealth, or
      2. the parliament of a state; or
      3. a territory legislature, or
      4. a local government authority
    • minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
    • notary public, including a notary public (however described) exercising functions at a place outside:
      1. the Commonwealth, and
      2. the external territories of the Commonwealth
    • permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
    • permanent employee of:
      1. a state or territory, or a state or territory authority, or
      2. a local government authority with 5 or more years of continuous service, other than such an employee who is specified in another item of this Part
    • 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 employee of the Commonwealth
    • sheriff
    • sheriff's officer
    • teacher employed on a permanent full-time or part-time basis at a school or tertiary education institution.

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