Understanding statutory declarations
A statutory declaration (often called a “stat dec”) is a written statement of facts that you sign and declare to be true in front of an authorised witness. Government departments, insurers, employers and schools commonly request them to confirm identity, circumstances or evidence when a formal sworn statement is needed outside a court.
Statutory declarations are governed by different laws depending on whether you use a Commonwealth form (for federal matters) or a state/territory form (for local matters). If you deliberately make a false declaration, you may commit a criminal offence and face serious penalties. Always check the exact requirements from the organisation asking for the document.
Important: This guide provides general information only. Requirements differ by state/territory and the organisation requesting the document. If urgent, unusual or high-risk, consider getting specific legal advice before signing.
Forms and types in Australia
Choose the correct form
- Use the Commonwealth statutory declaration for federal agencies and nationwide organisations that specify it.
- Use your state/territory form for local government, businesses or bodies that ask for a local stat dec (NSW, VIC, QLD, WA, SA, TAS, ACT, NT).
- If unclear, confirm with the requesting organisation. Submitting the wrong form is a common reason for rejection.
Stat dec vs affidavit
A statutory declaration is typically used outside court processes. An affidavit is a sworn statement used inside court cases and must follow court rules. If a court, tribunal or lawyer has asked for an affidavit, a stat dec will not substitute.
Electronic and remote options
From 1 January 2024, Commonwealth statutory declarations can be executed electronically using an approved digital platform or witnessed over audio-visual link, as well as signed on paper. State and territory rules for electronic signatures and video witnessing vary—check your local requirements before proceeding.
Who can witness a statutory declaration
Authorised witnesses vary by jurisdiction. Common categories across Australia include:
- Justice of the Peace (JP)
- Australian lawyer/solicitor or barrister
- Notary public
- Police officer
- Pharmacist
- Registered health practitioner (e.g., doctor, nurse, dentist)
- Teacher (with qualifying period), engineer, accountant (CA/CPA/IPA), bank officer (with qualifying period) and other listed professionals
The exact list for Commonwealth declarations is set by federal law. State and territory forms have their own lists under local legislation. Always confirm the witness is authorised for the specific form you are using.
Tip: JPs often witness for free at scheduled times. Lawyers can usually assist quickly for a modest fixed fee. Notaries are recommended when the document is intended for use overseas.
How to make a valid statutory declaration
- Confirm the right jurisdiction. Use a Commonwealth form for federal matters, or the correct state/territory form for local matters.
- Complete the content clearly. Include your full name, address, occupation and the facts you are declaring. Number pages.
- Prepare annexures. If attaching evidence (e.g., invoices, letters, ID copies), label each annexure (A, B, C) and refer to them in the declaration.
- Find an authorised witness. JP, lawyer, notary or another authorised category. Bring photo ID if requested.
- Do not sign yet. Sign only in front of the witness. The witness will sign and state their qualification and date.
- Check and lodge. Ensure dates, names and annexures match. Keep a copy. Submit as the organisation requests (paper, scanned PDF, or approved e-sign platform).
Typical costs and timing
| Option | Indicative cost | Typical timing |
|---|---|---|
| Justice of the Peace (JP) | Usually free | When available at community sessions or service counters |
| Lawyer/Solicitor | Often $25–$80 for a simple stat dec | Same day or next business day by appointment; faster for urgent matters |
| Notary Public | Higher fees (varies) | By appointment; recommended for international use |
| Mobile/after-hours visit | Call-out or urgency fee applies | Same day in many metro areas |
| Approved e-sign/digital platform (Commonwealth) | Platform or service fee may apply | Often immediate once identity is verified |
Costs depend on location, urgency, number of pages and annexures. Ask for a fixed fee upfront where possible.
Common mistakes (and how to avoid them)
- Using the wrong form (Commonwealth vs state/territory).
- Signing before seeing the witness (must sign in front of them unless valid e-sign method is used).
- Witness not authorised for the specific form/jurisdiction.
- Names, dates or addresses inconsistent across pages and annexures.
- Missing annexure labels or references in the main declaration.
- Illegible handwriting or alterations without initials.
- Submitting a declaration older than the organisation’s accepted timeframe.
Download official forms and witness lists
Official forms and guidance (Attorney‑General’s Department). NSW statutory declaration
Forms and information for New South Wales. VIC statutory declaration
Forms and authorised witnesses for Victoria. QLD statutory declaration
Queensland forms and JP information. WA statutory declaration
Western Australia forms and guidance. SA statutory declaration
South Australia forms (see statutory declarations). TAS statutory declaration
Tasmania forms and witnessing information. ACT statutory declaration
Legislation and forms (search statutory declarations). NT statutory declaration
Northern Territory forms and guidance.
Statutory declaration FAQ
What is a statutory declaration used for?
It is used to formally declare facts for government departments, employers, universities, insurers and other bodies when an official written statement is required outside court processes.
Can I use a Commonwealth form for a state matter?
Not usually. Use the form requested by the organisation. Many state and territory bodies require their local form and local authorised witnesses.
Do I need a JP or can a lawyer witness it?
Either can usually witness it, provided they are authorised for the relevant jurisdiction. JPs are often free; lawyers can assist quickly and check for errors.
What if I made a mistake after signing?
Do not alter a signed declaration. Prepare a new one and have it witnessed again, or ask the requesting organisation for their correction process.
Is video witnessing accepted everywhere?
Commonwealth declarations allow electronic execution and audio-visual witnessing from 1 January 2024. State and territory rules vary—check local guidance before proceeding.
Need help with a statutory declaration?
Use the form below for free guidance on the right form, a suitable witness near you and expected costs or timeframes. If your matter is urgent, mention your deadline.