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How to Complete an Australian Statutory Declaration

A Statutory Declaration is a legal document that is required by law to contain specific wording, that is, it is a prescribed form.

This means that you should not change or delete the wording of the statutory declaration or it may not comply with the legislative requirements for statutory declarations.

We provide Free Stat Decs for Australian States, Territories and the Commonwealth and the following instructions apply to those Stat Decs which can be found here.

Your obligations

You are obliged to make sure that the information contained in your statutory declaration is true and correct.

Making a false statement is a serious issue -in fact it’s a crime and you could be jailed or fined. 

How to write your statutory declaration

Using the Sample NSW Stat Dec as shown in the image below -

  • Complete all of the information identifying who you are, as instructed by the instructions contained in the highlighted square brackets.
  • Insert the facts that you wish to declare. 
  • You must only write the facts that you know are accurate and true. If you are not sure about particular details, leave them out until you can confirm their accuracy.
  • Put each fact into separate numbered paragraphs in date order. Make sure that the information is clear and easy to understand. Write in plain English and include the relevant information only.
  • If there is more than one page, number each page.
  • There is no need to complicate your statutory declaration with jargon or legaleze (unless of course, certain terminology is required to enable you to accurately explain the information you are declaring). 

Sample NSW Stat Dec

What about attachments - adding and identifying?

You can include attachments – you must refer to any attachments in the body of your statutory declaration.  For example, “A copy of the invoice is annexed and marked “A”.”

Then you need to ensure that you mark any corresponding attachments, “A”, “B” etc.

You can identify the annexure as follows: “This is annexure “A” to the statutory declaration made by [name] on [date]”.

Who can witness my statutory declaration

Only an authorised person may witness you sign your statutory declaration. 

Your witness must also sign the declaration and complete their identifying details.

For more on who is authorised to witness your statutory declaration, see the information contained in your Statutory Declaration form. Each State or Territory has varying rules for who can witness the document. This information is contained in the Stat Decs provided. For example the information below pertains to NSW Statutory Declarations.

Witness information for NSW Statutory Declaration

This information is a brief summary of statutory declarations and is provided by way of general advice and assistance only.

If you are still unsure of any matter or you are dealing with a matter of a complex nature, you may still need the help of an experienced legal professional.

 

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