Statutory declaration (stat dec) in Australia: forms and who can witness, state by state

A statutory declaration, or stat dec, is a written statement of facts that you declare to be true, usually in front of an authorised witness, under a statutory declarations law. Knowingly making a false one is a criminal offence in every Australian jurisdiction, with a maximum of 4 years' imprisonment under the Commonwealth Act and 3 to 5 years in the states and territories that set a term.

It depends on the law the declaration is made under. A JP or a lawyer can witness in every jurisdiction, but you do not always need one: a Commonwealth declaration can be witnessed by anyone on the Commonwealth list of 17 licensed occupations and 40 other roles, and in the Northern Territory any adult can witness. New South Wales and Queensland have the shortest lists, with 8 and 7 categories.

Yes, for a Commonwealth declaration and for declarations in the ACT, Victoria, Western Australia, South Australia, Tasmania and the Northern Territory. No, for a New South Wales or Queensland declaration, unless the pharmacist is also a JP or, in Queensland, a commissioner for declarations.

For a Commonwealth declaration, yes: the agent in charge of a post office, or a permanent employee with 5 or more years of continuous service. Victoria, Western Australia, South Australia and Tasmania accept the same people, and in the Northern Territory any adult can witness. New South Wales and Queensland accept neither.

For a Commonwealth matter, yes: a digital Commonwealth statutory declaration in myGov needs a Digital ID of at least Standard identity strength and no witness. For a state or territory matter you use that jurisdiction's form. Seven of the nine jurisdictions let a witness watch you sign by video; in Queensland, only a special witness can, such as a lawyer or a JP approved for the purpose.

The NSW Oaths Act names 8 categories: the Registrar-General, a Deputy Registrar-General, a JP, a notary public, a commissioner for affidavits, an Australian legal practitioner, a federal judicial officer, or another person authorised by law to administer an oath. A pharmacist or an Australia Post employee qualifies only if also a JP.

Download it from the government that issues it: the Attorney-General's Department for Commonwealth and ACT matters, Service NSW, the Victorian Department of Justice and Community Safety, and the Queensland, WA, SA, Tasmanian and NT government sites. The form finder and the table on this page link to each official form. The official form is also the template, so you do not need a separate one.

It can be. The Fair Work Ombudsman says medical certificates or statutory declarations are examples of acceptable evidence for sick or carer's leave, and the evidence has to convince a reasonable person that you were genuinely entitled to the leave. An award or registered agreement can set when you have to give evidence and what type.

Fill in the official form: your full name, address and occupation, then numbered paragraphs with one fact each, in the first person, with dates, places and amounts. Refer to each annexure by its letter, then sign in front of the witness, or in myGov for a digital Commonwealth declaration. The example wording on this page shows the format.

Refer to it in the text and mark it with a letter or number, such as annexure A. For a Commonwealth declaration you and the witness sign every page, including attachments. In New South Wales the JP adds a signed statement identifying the annexure, and in Victoria you and the witness sign an exhibit certificate attached to it.

No. Both are written statements of fact you confirm as true, but an affidavit is sworn or affirmed and is mainly used in court proceedings, while a statutory declaration (stat dec) is declared under a statutory declarations law and is mainly used for agencies, insurers, employers and banks. If a court asks for an affidavit, a stat dec does not replace it.