The Statutory Declaration

A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace (JP), a lawyer or a notary public.

The person who makes the declaration, you, is called the Declarant, and your JP will witness your signature after some very important steps, 13 in all as required by Law which are explained below. Your JP will use the following steps to ensure the Stat Dec is legally supported, and will be accepted by the recipient.  He/She will;

1) Check that the document is a Statutory Declaration (stat dec)

• A NSW stat dec is made under the Oaths Act 1900, NSW, Eighth Schedule and;
• A NSW stat dec is made under the Oaths Act 1900, NSW Ninth Schedule.  You can download these forms here

There is also a Commonwealth stat dec that you can download here

2) See the Declarants face

• Will need to see your face. That means from the top of the forehead to the bottom of the chin, and between (but not including) the ears.  If you have a face covering your JP will explain the procedure

3) Confirm your identity

• Your identity must be confirmed to make sure your name matches the name written at the start of the identity document. Confirmation can be two ways;
  • the JP has known you for at least 12 months, or
  • your JP has sighted an approved identification document, or a certified copy of an approved identity document

4) Look for any blank spaces

• There must be no blank spaces and your JP will take steps to eliminate these where required
• Be very careful that if you make a mistake in your declaration, you do not use any correction fluid or tape.  Your JP will explain to you the steps He/She will take to correct any mistakes

5) Look for any annexures

• An annexure is an attachment of extra pages as an addition to the stat dec. If an annexure is attached, it must
  • be referred to in the statutory declaration with a unique number or alphabet; and
  • include a written statement by your JP that identifies it as an annexure.  He/she will possibly use a rubber stamp which is authorised and has the appropriate wording

6) Your JP will check you understand the purpose and effect of the contents

• since this is a legal document and sworn under oath, your JP will ask you questions prior to your signing and the subsequent witnessing that you full understand the contents of the stat dec.  Your JP is there to assist you and make sure all aspects of the JP's act is adhered to

7) He/she will warn you

• that it is a very serious criminal offence to make a false declaration. and;
• the penalties include imprisonment
• After the warning the JP will ask you if you understand the warning

8) You will ne asked to declare the contents are true and correct

• your JP will ask you to make the declaration required under the Oaths Act 1900
•  you will be asked the following question;
  • Do you solemnly and sincerely  declare the contents of this declaration to be true and correct, to the best of your knowledge and belief?
  • You can answer, "Yes" or "I do"

9) Your JP will then watch you sign the statutory declaration

• if you have agreed the contents are true and correct, you can then under supervision, sign and date the document in black or blue pen as directed by your JP

10) Your JP will now witness your signature with his/her name and registration number

• your JP will probably use a rubber stamp that includes the correct wording as required by the Act

11) He/She will certify all identity requirements have been met

• the bottom of the page, the Jurat, will be completed by the JP to confirm your identity
• Please note this special warning notice. It is a criminal offence punishable by a fine for an authorised witness (including a JP) to witness a statutory declaration if these requirements have not been satisfied

12) the witnessing of the signature will now be executed

• He/She will sign in the signature panel and any proceeding pages of the stat dec, complete and sign the statements of any annexure (if any)

13) for those people who may be vision impaired or illiterate, the JP will certify they understand the following

• if you the client is vision impaired or illiterate, your JP will also certify in writing, below the signature panel that;
  • the statutory declaration was read to the Declarant in His/Her presence
  • it appears to He/She that the Declarant understood the statutory declaration, and;
  • the declarant signed or marked the statutory declaration in His/Her presence

This step is necessary to meet the requirements of Section 24 A of the Oaths Act 1900 which governs declarations by people who are unable to read.

When you visit a JP or attend to any of the signing desks locally, please make sure you have not signed the document, and that you have an acceptable method of identity. Please also take note that a JP is not normally legally qualified and therefore is not able to assist in the completion of the document nor give any legal advice.

The JP will remind you it's a serious criminal offence to make a false or misleading statement, And will tell you the penalties for making such a false statement includes imprisonment.

The JP will ask you to declare under the Oaths Act 1900 the contents are true to the best of your knowledge.  This could be an Affirmation or Swearing of the Oath

For more information and help in writing your Statutory Declaration, you can visit the Communities and Justice help website, LawAccess . Click this link

If you want a statutory declaration wording for interpreters of other language. Please click this link

The information listed above and in other parts of this website is taken from the Justice of the Peace handbook published 2022 by the owners, The Department of Communities and Justice who hold the copyright.  NSWJP acknowledges and thanks the department for the contribution of this material for the general use of the public.