On this page
- Short answer
- What is a statutory declaration?
- What are the three ways to make one?
- Who suits the digital stat dec through myGov?
- How do you make one with a witness, in person or by video?
- Who can witness a statutory declaration?
- How is a Commonwealth stat dec different from a state or territory one?
- What mistakes should you avoid?
- Can you prepare a stat dec before the witness session?
- Questions people ask
- Sources
Short answer
You can make a Commonwealth statutory declaration in three ways, and the Attorney-General's Department says all three are equally valid: digitally through myGov with your Digital ID (no witness), or on the approved form signed while an approved witness watches, either in person or by video link. Fill in your details and statement first, but don't sign or date it until the witness is watching.
Key takeaways
- Three ways, all equally valid: myGov with Digital ID, a witness in person, or a witness by video link.
- A digital stat dec through myGov needs no witness, but your Digital ID must be at least 'standard' strength, and it's English only.
- Witnesses must be on the approved list, such as a JP, nurse, pharmacist, teacher, police officer or registered migration agent.
- Don't sign or date the form until the witness is watching; sign every page.
- State and territory stat decs have different rules; check which one you've been asked for.
The insurer wants one. So does the visa checklist, the uni's special-consideration form and HR for your leave claim. "Please provide a statutory declaration" sounds like a trip to a JP with a printed form, and for years it was. Since reforms to the Statutory Declarations Act, you have three ways to do it, and one of them doesn't need a witness at all.
This guide covers the Commonwealth statutory declaration only, using the Attorney-General's Department (AGD) guidance. It's general information, not legal advice. The AGD can't advise on what to write; a lawyer or community legal centre can.
What is a statutory declaration?
The AGD describes it as "a type of legal document that sets out facts that you declare to be true and accurate." Organisations ask for one when they need your written word, backed by law. Common uses on the AGD's list include "visa applications, insurance claims, superannuation claims, employment and leave applications" and legal evidence.
A few facts from the AGD that people often get wrong:
- Anyone can make one, "regardless of their age or nationality", though some organisations may not accept one from someone under 18.
- Companies can't, but a person in the company, like a director, can.
- They don't expire. A Commonwealth stat dec "is valid for as long as the information in it is true", though the organisation asking may set its own time limit.
- Lying is a crime. A deliberately false statement can be charged as a Commonwealth offence, with imprisonment "for up to 4 years".
What are the three ways to make one?
The AGD lists three: create a digital declaration "using myGov and your Digital ID"; complete the approved form and sign it "while an approved witness observes in person"; or complete the approved form and sign it while an approved witness observes "remotely using a video link". It adds: "All 3 methods create an equally valid Commonwealth statutory declaration."
| Digital (myGov) | Witness in person | Witness by video link | |
|---|---|---|---|
| Format | Made on the myGov platform | Paper or electronic approved form | Paper or electronic approved form |
| Witness | None; Digital ID verifies you | Approved witness, same place, same time | Approved witness watching over video |
| Signature | Electronic, through myGov | Pen or electronic | Pen or electronic |
| Language | English only | Any language the recipient accepts | Any language the recipient accepts |
| Best for | People with a myGov account and Digital ID | People who'd rather meet someone | People far from a witness, or overseas |
Which to choose is up to you. The AGD: "You can choose whichever option suits you."
Who suits the digital stat dec through myGov?
Anyone with a myGov account and a Digital ID that's "at least standard digital identity strength". You make it online without a witness, and it carries a QR code. Anyone with a copy can scan it in the myGov app to check that the text matches. The AGD notes there are "currently no fees" for using myGov or myID for this.
Two limits to know:
- English only. "Digital Commonwealth statutory declarations created through myGov can only be made in English." For another language, use the form with a witness, if the recipient accepts it.
- The platform doesn't keep it. The AGD says the Act "does not allow an approved online platform to save any copies". Save or send your copy straight away.
Start from the AGD's digital statutory declarations page (opens in a new tab), which links through to myGov.
How do you make one with a witness, in person or by video?
Download the approved form from the AGD, fill in your details and statement, then sign it while an approved witness watches. In person, you must "sign the statutory declaration together at the same time and in the same place". By video, you can be in different places, but "the witness must see you sign."
The AGD's steps, in order:
- Download the approved form. "You must use an approved form. You cannot create your own form." PDF, Word and online versions are available.
- Fill in sections 1, 2 and 4, your details and the statement. "Do not sign the form, add the date or include witness details until you are with your witness."
- Print it or save it. Print for a pen signature; save a copy for an electronic signature over video.
- Find an approved witness and check they're willing. The AGD keeps no list of individual witnesses, but notes that "Justices of the Peace are a commonly accessible witness."
- Sign section 3 while the witness watches. "You will need to sign every page of the declaration, including any extra pages or attachments." On video, angle the camera so the witness can see you sign. Then complete sections 5 to 7 (where and when it was made).
- The witness signs sections 8 to 10, on every page. They can sign a genuine copy, after checking that the page count, your name and the number of paragraphs match.
- Give it to whoever asked for it. Don't send it to the AGD.
Who can witness a statutory declaration?
Only an "approved witness" under Schedule 1 of the Statutory Declarations Regulations 2023. That means someone licensed or registered in an approved occupation, an enrolled Australian legal practitioner, or someone holding an approved position. They must hold that role when they witness. A declaration witnessed by anyone else is invalid.
Some examples from the AGD's list (see the full list (opens in a new tab)):
- Occupations: architect, chiropractor, dentist, financial adviser, medical practitioner, midwife, migration agent registered under the Migration Act, nurse, optometrist, pharmacist, physiotherapist, psychologist, veterinary surgeon
- Positions: Justice of the Peace, police officer, teacher at a school or tertiary institution, bank officer with 5 or more years of continuous service, marriage celebrant, notary public, members of parliament
Other points from the AGD:
- The witness can be a friend or family member if they're approved. They can't be you.
- Occupations need an Australian registration or position (notaries public are the exception).
- Witnesses may charge a fee, except a Justice of the Peace, who can't.
- A witness can refuse for any reason.
How is a Commonwealth stat dec different from a state or territory one?
They're separate documents under separate laws. The AGD says state and territory statutory declarations "will have different requirements", and it only gives guidance on the Commonwealth version. If a state or territory name is at the top of the page, it may not be a Commonwealth declaration. Ask the requester which one they need.
One wrinkle: Commonwealth requirements also apply to declarations of the ACT and several smaller territories, including Christmas Island and the Cocos (Keeling) Islands. For any state declaration, follow that state's justice department guidance.
What mistakes should you avoid?
Most invalid stat decs fail on process, not content: the wrong form, an unapproved witness, signing before the witness is watching, or a missed page. Fixing one means doing it again, so check this list before your witness session.
Can you prepare a stat dec before the witness session?
Yes, and you should. The AGD tells you to fill in your details and statement before you meet the witness, leaving only signatures, dates and witness details for the session. If your organisation sends many stat decs, pre-filling names and addresses from your records saves time and avoids typos.
AppliFlo's PDF & Word forms library includes the Commonwealth statutory declaration among its 54 official forms. You can fill the declarant's details from a client or employee record before the session, for example as part of client intake. The witnessing itself still follows the AGD's rules above: an approved witness watching you sign.
If you were asked for a stat dec as part of a partner visa, also read our guide to Form 888, which is a different document. And for the wider question of when e-signatures count, see are electronic signatures legally binding.
Questions people ask
How do I make a Commonwealth statutory declaration?
Choose one of the three methods the Attorney-General's Department lists: create a digital declaration through myGov with your Digital ID, or complete the approved form and sign it while an approved witness watches in person or over a video link. Then give the completed declaration to whoever asked for it. The department says all three methods are equally valid.
Can I do a stat dec online?
Yes. You can create a digital Commonwealth statutory declaration through myGov without a witness, as long as a Digital ID of at least standard strength is connected to your myGov account. The declaration carries a QR code that others can scan with the myGov app to check it. Digital declarations can only be made in English.
Who can witness a statutory declaration?
Only an approved witness listed in Schedule 1 of the Statutory Declarations Regulations 2023. That includes people licensed or registered in occupations such as nurse, pharmacist, doctor, dentist or registered migration agent, enrolled legal practitioners, and positions such as Justice of the Peace, police officer, teacher and some long-serving bank or public sector employees. You can't witness your own declaration.
Is a Commonwealth stat dec the same as a state one?
No. The Attorney-General's Department says state and territory statutory declarations 'will have different requirements'. If a state or territory name is at the top of the page, it may not be a Commonwealth declaration. Commonwealth requirements also apply to declarations of the ACT and several smaller territories. Use the type the requesting organisation asked for.
What happens if I make a mistake in a stat dec?
To change something after your witness has signed, you make the change in front of the same witness, and you both initial next to every change. If there are many changes, it may be easier to make a new declaration. You can't revoke a statutory declaration. If the facts themselves have changed, write a new one.
Sources
- Attorney-General's Department — Statutory declarationsag.gov.au (opens in a new tab)
- Attorney-General's Department — About Commonwealth statutory declarationsag.gov.au (opens in a new tab)
- Attorney-General's Department — Who can witness a Commonwealth statutory declarationag.gov.au (opens in a new tab)
- Attorney-General's Department — Digital Commonwealth statutory declarationsag.gov.au (opens in a new tab)
- Attorney-General's Department — Making a Commonwealth statutory declaration with a witnessag.gov.au (opens in a new tab)
- Statutory Declarations Regulations 2023 (Federal Register of Legislation)legislation.gov.au (opens in a new tab)
