Digital Commonwealth statutory declarations
Updated: 12 February 2024
You can now use myGov to create a digital Commonwealth statutory declaration, using your Digital Identity in place of a witness.
Find out more about digital Commonwealth statutory declarations on this page.
You can still complete a Commonwealth statutory declaration the way you always have, with a witness, if you wish.
This page contains general information on digital Commonwealth statutory declarations (also known as stat decs).
Digital Commonwealth statutory declarations
A recent change in the law means you can now make Commonwealth statutory declarations digitally through an approved online platform. This means that instead of having a witness verify your identity, you can now use your Digital Identity. This will require you to use your myGov account. If you do not have a myGov account and want to create one, see create a myGov account.
Other options to complete a Commonwealth statutory declaration are still available if you do not have a myGov account with Digital Identity connected to it or would prefer not to use it. You can still make a Commonwealth statutory declaration using a witness, just as you did before.
At present, myGov is the only approved online platform that can create a digital statutory declaration.
Using myGov to create a digital Commonwealth statutory declaration
To create a digital Commonwealth statutory declaration without a witness you must have a Digital Identity connected to your myGov account. Your Digital Identity also needs to be at least standard digital identity strength.
To create your digital Commonwealth statutory declaration and find more information, including information about creating a myGov account, see myGov’s digital Commonwealth statutory declaration page.
Otherwise, you can still make a Commonwealth statutory declaration using a witness.
Protections in place for fraud and privacy control
Both the Statutory Declarations Act 1959 and Statutory Declarations Regulations 2023 apply strict requirements for fraud and privacy protections to approved online platforms and digital service providers.
- Before they are approved, providers must demonstrate their compliance and accreditation under the Commonwealth digital identity accreditation framework – the Trusted Digital Identity Framework (TDIF) – which contains strict rules and standards for usability, accessibility, privacy protection, security, risk management, fraud control and more.
- The Act does not allow an approved online platform to save any copies of Commonwealth statutory declarations made using the platform.
Ensuring authenticity of digital statutory declarations
To ensure that digital Commonwealth statutory declarations are genuine and unaltered, the Statutory Declarations Regulations 2023 mandate that they must contain certain information.
If you have created a digital Commonwealth statutory declaration using myGov, it will have a QR code. The QR code is encrypted with the information provided in the declaration. To verify the authenticity of the declaration, anyone with a paper or digital copy of the declaration can scan the QR code with the myGov app. The text and details on the QR code page can then be compared with the declaration received.
The information displayed through the QR code is not stored on myGov. Instead, it's saved on the QR code itself. myGov retains only the additional information (the key) that is used to decode the information from its encrypted form into readable text.
Find out more about myGov QR codes.
Alternative platforms and identity services for digital Commonwealth statutory declarations
Currently, only myGov and myGovID are authorised to facilitate the creation of digital Commonwealth statutory declarations.
However, the Act does not specify any particular technology or platform that must be used. Instead, it states that digital Commonwealth statutory declarations must be created using an approved platform and identity service. These approved platforms, listed in the Statutory Declarations Regulations 2023, must meet specific standards to ensure privacy and prevent fraud.
Although myGov and myGovID are the only options currently available, this may change in the future.
Fees to make a digital Commonwealth statutory declaration.
The Statutory Declarations Act 1959 does not prohibit an online platform from charging a fee to use a statutory declaration signing platform. However, there are currently no fees associated with using myGov or myGov ID to create a digital Commonwealth statutory declaration.