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⚖️ Legal Witnessing Guide·Updated for 2026

How to Complete & Witness a Statutory Declaration in Australia

A statutory declaration is a formal written statement declared under oath to be true in the presence of an authorized witness. Follow this official guide to ensure your document meets all legal standards and is accepted by Australian government departments, banks, and courts.

Download Official Blank Statutory Declaration Forms

Print the appropriate blank template before visiting a walk-in JP desk:

Golden Rules for Signing with a JP

1. Leave Signature Blank

Fill in the body of the statement, but do not sign or date until the JP asks you to sign in front of them.

2. Bring Valid Photo ID

The JP must verify your name against an original Australian Driver Licence, Passport, or Proof of Age Card.

3. Understand the Contents

You must understand the statement you are declaring. The JP will ask if the statements are true and correct.

State vs Commonwealth: Which One Do You Need?

CategoryCommonwealth Stat DecState Stat Dec (e.g. NSW / VIC / QLD)
LegislationStatutory Declarations Act 1959 (Cth)State Oaths Acts (e.g. NSW Oaths Act 1900)
Common UsesCitizenship, Centrelink, Medicare, Superannuation, Federal CourtsLocal council permits, state driver licences, state court proceedings, conveyancing
Authorized WitnessesJPs, lawyers, doctors, pharmacists, police officersJustices of the Peace, legal practitioners, notaries
Service Fee100% Free at JP desks100% Free at JP desks (illegal for JP to charge)

Frequently Asked Questions

What is the difference between a Commonwealth and a State statutory declaration?

Commonwealth statutory declarations are made under the Statutory Declarations Act 1959 for federal government matters (like Medicare, Australian Citizenship, Centrelink, or superannuation). State statutory declarations (such as under the NSW Oaths Act 1900) are used for state agencies, local courts, property transfers, and state licensing.

Can I sign my statutory declaration before visiting the JP?

NO! You must NEVER sign your statutory declaration before seeing the JP. The law requires that the JP physically witnesses you signing the document. If you sign beforehand, the JP cannot legally witness it and will require you to complete a fresh, unsigned form.

What are the penalties for making a false statutory declaration in Australia?

Making a false statement in a statutory declaration is a serious criminal offence. Under the Commonwealth Statutory Declarations Act 1959, the penalty is up to 4 years imprisonment. Under state legislation (such as NSW Oaths Act 1900), penalties range up to 5 years imprisonment.

Can a statutory declaration be signed digitally in Australia?

Under the Statutory Declarations Amendment Act, Commonwealth statutory declarations can now be completed digitally via myGov. However, many state and court authorities still require ink signatures physically witnessed in person by a Justice of the Peace.

Essential JP Visit Checklist

Avoid being turned away at the desk

⚠️

DO NOT SIGN YOUR DOCUMENT BEFOREHAND!

By Australian law, the JP must physically witness you sign the page in person. If you sign at home or beforehand, the JP cannot legally witness it and will ask you to reprint the document.

What You Must Bring:

1
Original Government Photo ID: Driver Licence, Passport, or Government Photo ID Card.
2
Original Document + Clear Photocopies: For certified copies, bring both original and copies ready.
3
Complete Pages: Bring all pages, including schedules, annexures, and covers.