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
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A NSW statutory declaration is made under the Oaths Act 1900. The Act contains 2 alternative formats for a statutory declaration, and you can use whichever is more suitable for your needs:
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NSW Statutory Declaration - Eighth Schedule you can download here
- NSW Statutory Declaration - Ninth Schedule you can download here
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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 there is a face covering, your JP will explain the procedures
3) Confirm the identity
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Your identity must be confirmed to make sure your name matches the name written at the start of the document.
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Confirmation of a persons identity can be two ways;
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the JP has known you for a period of at least 12 months; or
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your JP has sighted an approved identification document, or a certified copy of an approved identification document
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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 that you do not use any correction fluid. 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 more pages. If an annexure is
attached, it must
- be referred to in the statutory declaration; 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
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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 fully understand the contents of the statutory declaration. 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
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that it is a very serious criminal offence to make a false declaration; and
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the penalties include imprisonment
8) you will be asked to declare the contents are true and correct
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your JP will ask you to make the declaration require by the statutory declaration form. Normally this is under the Oaths Act 1900
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you will be asked the following question;
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Do you solemnly and sincerely declare the contents of this declaration to be true and correct, to the best of your knowledge and belief?
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you can answer "yes" "I do"
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9) your JP will then watch you sign the statutory declaration
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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 name and registration number
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your JP will probably use a rubber stamp that included the correct wording as required by the Act
11) He/She will certify all identity requirements have been met
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the bottom of the page will be completed by the JP to confirm the identity of you
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Please note this important message; 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 take place
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He/She will sign in the signature panel and any proceeding pages of the statutory declaration, complete and sign the statement of each annexure (if any)
13) For those people who may be blind or illiterate, the JP will certify they understand
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If the client is blind 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 appeared 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 24A of theOaths Act 1900, which governs declarations by people who are unable to read.
When you visit the JP or attend a meeting at any of the JP Signing Desk, please make sure you have not signed the document, and that you have with you an acceptable method of identity. Please remember a JP is not normally legally qualified and therefor is not able to assist in the completion of the document nor give any legal advice.
The JP will remind you its 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 upon signing 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 Stat Dec visit the Communities and Justice LawAccess website. Click here
If you want to download a Statutory Declaration form including those for interpreters of other languages, please click on this link.
