Understanding statutory declarations in Australia
Use a statutory declaration when an organisation asks you to formally confirm facts for administrative or compliance purposes. The correct form depends on whether the receiving body is a Commonwealth (federal) agency or a state/territory body. The declaration must be signed in front of an authorised witness and false statements carry criminal penalties.
Quick answers:
- Template: Use the Commonwealth form for federal matters or your state/territory form for local matters.
- Witness: JP, Australian lawyer/solicitor, police officer, pharmacist and other authorised persons (varies by jurisdiction).
- Digital: Commonwealth now permits electronic and remote witnessing; many states allow e-sign or AV witnessing with conditions.
- Cost: DIY is free; JP is usually free; lawyer witnessing typically $0–$110; drafting/review $150–$450+ depending on complexity and urgency.
Statutory declaration template Australia (copy-and-use)
Below is a plain‑language template that follows common Australian requirements. Always confirm whether the recipient needs the Commonwealth form or your state/territory form, and ensure an authorised witness signs it correctly.
STATUTORY DECLARATION I, [Your full name], of [Residential address], [Occupation], declare that: 1. [Set out each fact in numbered paragraphs. Be clear and specific.] 2. [If attaching documents, refer to them as Attachment A, B, etc.] I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence. Declared at [Suburb/City, State/Territory] on [Date]. Signature of person making declaration: _________________________ Full name: [Your full name] In the presence of (authorised witness): Signature of authorised witness: _______________________________ Full name of witness: [Name] Qualification/office: [e.g., Justice of the Peace / Australian Lawyer / Police Officer] Address or registration number (if applicable): [Details]
Tip: Use the approved form where required. Many recipients insist on the official PDF or digital form. If your matter is complex or high‑stakes, consider a quick lawyer review before you sign.
Official Australian statutory declaration forms
Federal matters and guidance. New South Wales (NSW)
NSW form and witness info. Victoria (VIC)
VIC form and authorised witnesses. Queensland (QLD)
QLD form and JP services. South Australia (SA)
SA form and guidance. Western Australia (WA)
WA forms and witnesses. Tasmania (TAS)
TAS form and info. Northern Territory (NT)
NT form and guidance. Australian Capital Territory (ACT)
ACT form and JP info.
Authorised witnesses by state and territory
Authorised witnesses vary slightly across jurisdictions, but commonly include:
- Justice of the Peace (JP) or Commissioner for Declarations (QLD)
- Australian lawyer/solicitor or notary public
- Police officer
- Pharmacist, medical practitioner, dentist, nurse
- Teacher, bank officer, accountant (recognised categories vary)
- Certain public servants and Commonwealth/State officers
Important: Always check the current authorised witness list for your jurisdiction and any extra requirements of the organisation receiving the declaration (e.g., insisting on a JP or lawyer).
Digital statutory declarations and eSign options
For Commonwealth matters, electronic signatures and audio‑visual witnessing are now permitted under federal law, and a government digital statutory declaration option exists. For state/territory matters, many jurisdictions introduced permanent electronic or remote witnessing pathways with specific ID, platform and attestation requirements.
- Confirm whether the recipient accepts digital or remote witnessing.
- Use an approved platform where required, and keep the audit trail.
- If using paper, sign only in front of your authorised witness and bring suitable ID.
Costs and timing for a statutory declaration
| Option | What you get | Typical cost | Best for |
|---|---|---|---|
| DIY + JP witness | Official form + local JP signs | Usually free | Straightforward facts with attachments |
| DIY + Lawyer witness | Lawyer verifies ID and witnessing | $0–$110 | Convenience, availability, stamped details |
| Lawyer review + witness | Wording checked, risks flagged, witnessed | $150–$450+ | Higher stakes, potential liability or complex facts |
| Digital/eSign (where allowed) | Remote signing with audit trail | Platform or ID fee (often $0–$30) | Urgent or remote signings |
| Notary public | For overseas or special uses | $150–$400+ depending on purpose | International or foreign authority use |
Timeframe: Preparing and witnessing a simple declaration typically takes 10–20 minutes once the wording and attachments are ready.
Checklist: make your statutory declaration acceptable first time
- Use the correct Commonwealth or state/territory form.
- Draft facts in clear, numbered paragraphs; avoid opinions unless needed.
- Attach supporting documents and label them Attachment A, B, C…
- Bring photo ID and any required forms for the witness to complete.
- Do not sign until you are in front of the authorised witness.
- Ensure the witness completes their name, qualification and any registration number.
- Confirm if the recipient needs the original, a certified copy or a digital submission.
Which option fits your situation?
| Scenario | Recommended approach |
|---|---|
| Straightforward, low‑risk facts for a government form | DIY template + JP witness |
| Business, financial or insurance implications | Lawyer review to tighten wording + lawyer witness |
| Urgent or remote signers across cities/states | Check digital/remote witnessing acceptance; use compliant platform |
| Document for use overseas | Confirm if notarisation or apostille is required; see a notary public |
Statutory declaration FAQ
What makes a statutory declaration valid?
Use the correct form, include a clear statement of facts, sign in front of an authorised witness who also signs and records their details, and follow any jurisdiction‑specific rules (including digital execution requirements where used).
Do I need a JP, or can a lawyer witness it?
Both are commonly acceptable. Many organisations accept a JP or a practising Australian lawyer. Some require a particular category (e.g., JP). Check the receiving body’s instructions.
Can I attach evidence?
Yes. Label attachments clearly (Attachment A, B, C). The witness may initial each page. Refer to the attachments in the numbered paragraphs of your declaration.
Affidavit vs statutory declaration — which should I use?
Use an affidavit for court or tribunal evidence unless told otherwise. Use a statutory declaration for administrative matters. If unsure, ask the requesting organisation or get quick legal advice.
Where can I find a witness fast?
Many shopping centres and libraries host JP desks. Law firms, pharmacies and police stations may also assist. If urgent, a local lawyer can usually witness the same day for a modest fee.
Need help with a statutory declaration?
Get a fast response from our Australian team. We can help you choose the right template, confirm witness rules for your jurisdiction, estimate costs, or arrange a quick lawyer review near you.