NSW or Commonwealth Statutory Declaration Form?

When do you need a Commonwealth statutory declaration?

Under section 6 of the Act, anyone may make a Commonwealth statutory declaration about any matter. Unless the relevant law shows a contrary intention, it may be used for the purposes of a Commonwealth or Territory law, for matters arising under those laws, and in the administration of a Commonwealth department.

A Commonwealth statutory declaration must be made on the form approved by the Minister; a self-designed layout does not meet the requirement. The current form is available from the Attorney-General’s Department website. Intentionally making a false statement in a Commonwealth statutory declaration is an offence carrying up to 4 years’ imprisonment.

When should you use a NSW statutory declaration?

The Oaths Act 1900 (NSW) governs NSW statutory declarations made for general purposes in NSW. Other states, the territories and the Commonwealth have their own statutory declaration requirements. The NSW Department of Communities and Justice provides Eighth Schedule and Ninth Schedule templates. Either may be used for a general NSW statutory declaration, subject to any format the recipient specifies.

Some NSW laws add declaration requirements for particular purposes, such as section 169 of the Conveyancing Act 1919 for property dealings. A NSW agency may also accept only the NSW form. The NSW Electoral Commission, for example, accepts only a NSW statutory declaration under the Oaths Act 1900 for lobbyist registration. Interstate declarants must also use the NSW form, witnessed remotely by an authorised witness in NSW.

Penalties can apply if you make a NSW statutory declaration you know to be false. NS Legal can confirm the format your NSW matter needs and set out your facts in clear, numbered paragraphs.

What is the difference between the two forms, and can one replace the other?

The two forms rest on different laws, so their wording, certificates and signing options differ:

• The Commonwealth form states that it is made under the Statutory Declarations Act 1959 and includes your acknowledgment that an intentionally false statement is an offence under section 11.
• Under the NSW Eighth Schedule, you solemnly declare that you believe the contents are true and make the declaration under the Oaths Act 1900; the Ninth Schedule records that wilfully false statements may be punished.
• A NSW witness certifies that they saw your face or accepted a legitimate medical reason for a face covering, and either have known you for at least 12 months or confirmed your identity with an approved identification document. A witness to a Commonwealth declaration does not complete this NSW identity certificate.
• A Commonwealth declaration can be made digitally through myGov using your Digital ID, or witnessed by video link or in person. A NSW declaration is signed before an authorised witness and may be witnessed remotely by audio-visual link under the Electronic Transactions Act 2000 (NSW).

If you are unsure which declaration to make, ask the person or organisation requesting it to confirm the applicable law and form.

Do you need a standard stat dec if the organisation has its own form?

When an organisation includes a statutory declaration in its application form, follow the applicable law and any additional witnessing instructions. A Commonwealth declaration supplied by an organisation must still use the approved form; receiving it from the organisation does not remove that requirement.

To tell which jurisdiction a form belongs to, look for two things: the words “statutory declaration” and the name of the state, territory or Commonwealth law it cites. NS Legal can review the organisation’s form and guidance, draft your declaration within its format and organise any annexures.

Which declaration do you need for a document going overseas?

Documents for overseas use can be governed by the laws of the receiving country, and NSW Justices of the Peace are not authorised under NSW law to witness documents for use overseas. In Australia, a notary public can witness signatures on overseas documents.

Get the receiving authority’s requirements in writing first, then decide whether you need a statutory declaration, a notarial document or another form. See our notary services for personal documents.

A NSW statutory declaration witnessed by a JP must be written in English. If the declarant does not read English well, an interpreter can assist and must make a separate statutory declaration. The NSW Government provides wording templates for interpreters.

What should you bring to your appointment?

Bring the recipient’s requirements and the material for your declaration:

• The organisation’s email, application guide or nominated form.
• A summary and timeline of the facts you will declare, and any documents to attach.
• Current identification, such as a driver licence, NSW Photo Card, Australian passport, or a foreign passport with your photo and signature (with an English translation if it is not in English).
• For overseas use, the receiving authority’s written requirements.

Book a statutory declaration appointment and NS Legal will use these materials to select the form, draft the content and arrange signing.

Compiled from official sources; updated 30 October 2026.