FAQ - Statutory declarations

More questions? The answers are here.
What is a statutory declaration?

A statutory declaration (commonly made under the Statutory Declarations Act 1959) is a written statement that a person signs and declares to be true and correct before an authorised witness.

A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, punishable by significant fines or imprisonment.

Statutory declarations do not need to be in a prescribed form but must contain an acknowledgement that it is true and correct and is made in the belief that a person making a false declaration is liable significant penalties.

The person making a statutory declaration must sign it in the presence of a person who is authorised to witness the signing of a statutory declaration.

I need to make a statutory declaration. What will the JP do?

The JP will usually:

  • scan the document to ensure it is in the proper form and does not contain any blank spaces or alterations
  • warn the declarant of the consequences of making a false statement
  • witness the declarant sign the statutory declaration
  • complete a statement that sets out the place the declaration is made and the date on which it was made.

You can help us help you if you:

  • bring the completed, but unsigned, Statutory Declaration
  • bring photographic identity such as drivers’ licence, Proof of Identity/Proof of Age card or passport
Where do I get a statutory declaration (Stat Dec) form?

Visit the Commonwealth Attorney-General’s Department website and follow the links to download a blank statutory declaration Form.

Who completes the statutory declaration form?

You do, as you are making the statement.

Do I sign the statutory declaration before I see a Justice of the Peace?

No, the Justice of the Peace needs to witness you signing the statutory declaration.

How does the Justice of the Peace know it’s me completing the statutory declaration?

You will be asked to provide a photographic form of identification such as drivers’ licence, passport or a Proof of Identity/Proof of Age card.

Can my wife sign my statutory declaration if she has my drivers’ licence?

No, the person making the declaration must sign it.