Statutory Declaration, hereinafter referred to as Stat Decs, can be understood in Chinese as a statutory declaration or statutory statement. It is a legally binding document commonly used in many Commonwealth countries, mainly to swear to and certify that the matters stated are true, and it must be witnessed by an approved witness.
Australian Stat Decs are divided into two main types:
One is the Commonwealth type, Commonwealth statutory declarations. If the matter you need to certify relates to the Commonwealth Government, the Australian Capital Territory (ACT) Government, or certain smaller territory governments, you will generally need a Commonwealth Stat Dec.
The other is the State and Territory type, State and territory statutory declarations. This article uses NSW as the primary example.
Commonwealth Stat Decs
Stat Decs are used in all areas of daily life.
Examples include, but are not limited to:
– Confirming that personal information is accurate
– Confirming a person’s financial circumstances
– Confirming information relating to health status
– Even as proof of sick leave
Specifically for immigration and student visa applications, for example:
– The Stat Decs used with the Form 888 to prove a genuine spousal relationship
– Or, for example, when applying for Canberra (ACT) state sponsorship, the state government mandates that applicants provide a Stat Dec from their employer to verify that the work-related information is true.
– During the pandemic, when Australian citizens/PRs apply for an exemption to leave the country, a Stat Dec is also an extremely important supporting document.
– Stat Decs are also frequently involved in business/investment migration application materials.
Must be an approved witness.
The format of a Stat Dec is not complex. Looking at the official government template, apart from some basic personal and contact details, there are two key sections.
The first is “Set out matter declared to in numbered paragraphs”
This varies from person to person and is generally based on the requirements of the party requesting the Stat Dec.
For example, in the Canberra (ACT) state sponsorship application, the state government requires information such as: position title, work location, position description/duties, salary (or hourly rate), and employment start date.
The second is the witness
There are many types of witnesses. This article lists some of the more common ones you are likely to encounter:
– Justice of the Peace \ Justice of Peace
– Solicitor \ Solicitor
– Australian registered doctor or nurse \ Nurse
– Pharmacist \ Pharmacist
– Police Officer \ Police Officer
– Member of Engineers Australia \ Member of Engineers Australia
– Member of the Association of Taxation and Management Accountants \ Member of the Association of Taxation and Management Accountants
– Member of the Institute of Chartered Accountants in Australia \ Member of the Institute of Chartered Accountants in Australia
– Teacher (employed on a full-time basis at a school or tertiary education institution) \ Teacher employed on a full-time basis at a school or tertiaryeducation institution
The Commonwealth Stat Decs template
A further reminder: during the current pandemic, some areas have travel restrictions due to lockdowns. However, the government website noted in its update on 22 September 2021 that:
A witness cannot witness a Commonwealth Stat Dec remotely or via video conferencing technology. The statutory declaration must be signed in the physical presence of an approved witness, and it cannot be signed using an electronic or digital signature.
Making a false declaration can have severe consequences
If a person is proven to have intentionally made a false statement in a statutory declaration, they can be charged with a criminal offence and may face up to 4 years’ imprisonment.
For the specific legislation, refer to:
11 False declarations of Statutory Declarations Act 1959 :“A person must not intentionally make a false statement in a statutory declaration.”
Penalty: Imprisonment for 4 years.
State Government Stat Decs
This article uses NSW as the example.
In daily life, state government Stat Decs are commonly used for, but not limited to:
– Proving personal identity
– Transferring a speeding fine
– Proving registration with a state government agency
– Declaring a criminal conviction in another country
– Applying for a commercial loan from a bank
A statutory declaration is generally used when there is a fact that needs to be proven, but it is not usually used for court litigation.
The NSW government provides the following templates.
The state government provides two templates, one based on the NINTH SCHEDULE and the other on the EIGHTH SCHEDULE. These cover the content of the declaration, as well as the declarant’s full name, address, occupation, and so on.
NINTH SCHEDULE
EIGHTH SCHEDULE
Additional notes on approved witnesses.
The declaration must be made and signed by a natural person and cannot be made or signed by or on behalf of any other person.
A company-authorised officer may make a declaration on behalf of the company, and such officer should state their name, the source of their information, and their authority to declare.
If a solicitor has been granted a power of attorney to manage another person’s affairs, the declaration must be made in the solicitor’s own right and in their own name.
Any amendments must be made before the declaration is witnessed, and both the declarant and the witness must initial each amendment.
Common approved witnesses include, but are not limited to:
– Justice of the Peace / Justice of Peace
– Legal practitioner; or a person authorised to administer an oath / legal practitioner; or
personauthorised to administer an oath
– Notary public / notary public
The consequences of making a false declaration can be even more serious.
Any person who wilfully provides a statutory declaration with untrue or false content can be sentenced to up to 5 years’ imprisonment. If the false declaration is made in order to obtain a material benefit, the sentence can be increased to up to 7 years.
For the specific legislation, refer to:
Section25 of Oaths Act 1900 NSW :“any person who wilfully and corruptly makes and subscribes any suchdeclaration, knowing the same to be untrue in any material particular, shall beguilty of an indictable offence and liable to imprisonment for 5 years”
Section25A of Oaths Act 1900 NSW: “any person who wilfully and corruptly makes and subscribes any suchdeclaration, knowing the same to be untrue in any material particular, and whoderives or attempts to derive a material benefit as a consequence of the untrueparticular is guilty of an offence and is liable on conviction on indictment toimprisonment for a term not exceeding 7 years.”
