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Why Do We Need Statutory Declarations?

Paul December 15, 2019

A statutory declaration is a legal document that contains a written statement about something that is true. It must be witnessed by an approved or authorised person.

One of the most common questions that comes up is ‘Why do we need Statutory Declaration documents?’

Most Common Reason

A statutory declaration is a statement of fact(s) that you declare to be true. It can be used as evidence for many reasons, such as:

  • confirming your personal details;
  • financial matters;
  • health matters;
  • evidence for sick leave;
  • … and for many other situations.

Making a false statement on purpose can result in being charged with an offence, penalties vary from state to state. be

What is the difference between a statutory declaration and an affidavit?

Often people get mixed up between a statutory declaration and an affidavit as both are written statements of fact.

However, an affidavit is used as evidence in court. You confirm it by oath or affirmation.

If you need an affidavit, contact the appropriate state authority or lawyer for the specific legal matter.

To get a statutory declaration for your state or territory, search online for:

  • statutory declarations in your state or territory
  • the Department of Justice or Attorney-General in your state or territory

Who can make a statutory declaration?

Any person can make a statutory declaration, including:

  • minors
  • retirees
  • officeholders

Some organisations may not accept a statutory declaration from a person under 18 years old.
Companies cannot make a statutory declaration, but a person in the organisation can.

What happens if you make a false statement

If you make a false statement in a statutory declaration on purpose, you can be charged with a criminal offence. You could be imprisoned for up to 4 years.

If you are concerned about a false statutory declaration, contact the relevant state or federal police.

What happens if your statutory declaration has been incorrectly witnessed

If your statutory declaration is witnessed by someone who is not an authorised witness  then it is invalid. If you are concerned that your statutory declaration has been incorrectly witnessed, contact the organisation who requested it.

However, if you are concerned that an authorised witness has falsely witnessed a statutory declaration, you should contact the:

  • organisation who requested the statutory declaration
  • peak body for the organisation or profession the person works in
  • relevant state or federal police and report the situation